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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/24/2000CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING February 24, 2000 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 24`b day of February, 2000, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:32 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T.J. Patterson CITIZEN COMMENTS Two citizens expressed comments to the Council. They were: Jimmy Burgess Dr. Ray Ballmann EXECUTIVE SESSION Mayor Pro Tem Ince 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, City Secretary); deliberate, vote, and take final action on discounts on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Police); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Fire Department, Lubbock Power and Light). 8:11 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present except Mayor Sitton. ( 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, City Secretary). ( 2•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086 to deliberate, vote and take final action on discounts 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). City Council Meeting February 24, 2000 Page 118 ( 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: Appointments Advisory Board Building Board of Appeals Community Development and Services Board Board of Health Keep Lubbock Beautiful Advisory Committee Neighborhood Redevelopment Commission Park and Recreation Board ( 5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Fire Department, Lubbock Power and Light). 9:34 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present except Mayor Sitton. Special guest Nicole Sever, a 4' Grade student who aspires to be Governor of Texas one day, was in attendance as a Council "shadow". Also in attendance was Susan Leonard's Advanced Recording class from Texas Tech University. (6.) Update of the activities of the Community Relations Commission by Ruben Reyes, Chair. This item was continued until the March 2, 2000 Work Session. (7.) Presentation on the status and progress of the revitalization of the Downtown Lubbock Business District by Jim Shearer, Executive Director of CenterCorp. Since 1988, there has been a concentrated effort by both the public and private sector to revitalize downtown Lubbock. Jim Shearer presented a slide show indicating the progress of those efforts. ( g,) Presentation regarding collection of sales tax for e-Commerce transactions by Anna Mosqueda, Director of Management Services. In 1998, Congress passed the Internet Tax Freedom Act which was designed to help ensure that the development of the Internet was not impeded by new tax levies. The law did the following: • Established a three-year moratorium on the imposition of new state and local taxes on Internet access, bit, discriminatory and multiple taxes on electronic commerce. • Established an advisory commission to study the taxation of electronic commerce and all forms of remote commerce, such as mail order sales. Grandfathered existing state and local taxes on electronic commerce. • Maintained existing liability for taxes already accrued and enforced, and continued on -going litigation relating to such taxes. 118 City Council Meeting February 24, 2000 Page 119 Although the commission has not yet completed its work, some members of Congress are attempting to bypass the commission's work and have introduced legislation that would impose a permanent moratorium on the collection of state and local taxes on Internet transactions. State and local taxes comprise just under 30 % of the City of Lubbock general fund revenue. There is no clear data yet available that measures the effect that e- Commerce has on the national, state and local economy. One study projects that cities could lose up to 20 % of their revenue stream by 2003. If collection of local sales tax were banned on Internet transactions, this would mean a loss of $5.4 million in sales tax revenue to the City of Lubbock. This equates to an approximate 8.75 cent increase in property taxes. The City of Lubbock supports the growth of e-Commerce in expanding Internet infrastructure. Staff recognizes that technology is revolutionizing the way staff live and work; however, staff does not agree that e-Commerce must grow at the expense of state and local revenues. Banning sales tax on Internet purchases is bad public policy Numerous groups are working at both the state and national level to address a myriad of issues relating to Internet taxation and the changes that need to be addressed by states to simplify the collection of sales tax. Both Council and staff members of the City of Lubbock are involved at both the state and national level in providing input regarding the potential impact to the City of Lubbock. Although this presentation is for information and discussion purposes, staff recommended that the Council adopt a resolution outlining their position on this issue. This resolution will be brought back to Council for their action at the next Council meeting. In addition, staff asked for Council support for a focused educational effort to inform both citizens and other elected officials at the state and local levels of the potential impact. 10:28 A. M. WORK SESSION RECESSED 10:40 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T.J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: Mayor Windy Sitton. Mayor Pro Tern Ince called the meeting to order at 10:40 A. M. 119 City Council Meeting February 24, 2000 Page 120 ( 9.) Minister of Education Dewey Howard, of Greenlawn Church of Christ, gave the invocation. (10.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Community Development and Services Board Receiving: Kevin Bryan Teresa Contreras Byron Walker Board of Electrical Examiners Receiving: Sandra Reasoner Park and Recreation Board Receiving: Suzanne King Planning and Zoning Commission Receiving: Sam Reyes Urban Design and Historic Preservation Commission Receiving: Don Bundock Eileen Johnson (unable to attend) Sally Loden (unable to attend) Rusty Plowman Youth Commission Receiving: Cavazos Junior High Wesley Condray Kristian Dominguez David Fralin Anita Gutierrez Estacado Hizh School Brooke Chavez (unable to attend) Tameka Eddington Joel Harper (unable to attend) Omar Jones (unable to attend) Eva Musoke Raymond Pace (unable to attend) J.R. Romero (unable to attend) Jennifer Strong Jacqueline Vega Joseph Villeareal Williams Erin Williams Evans Junior High Katie Akeroyd Jason King Shelby Kloiber Donald Robinson Hutchinson Junior High Theresa Ayala Austin Shooter Alissa Sims 120 City Council Meeting February 24, 2000 Page 121 Irons Junior High Ross McCuistion Jess Walker Lubbock High School Allison Cornish Lauren Griffin Deitra Jackson Jessica Rios Marie Villareal Travis Wilson Mackenzie Junior High Elizabeth Parsley MontereHigh School Katy Murphy-Lubowicz (unable to attend) O.L. Slaton Junior Hi h Andrea Cox Lindsey Duncan Paul Menzel CITIZEN APPEARANCES (11.) Presentation of certificate of appreciation from the Texas Animal Control Association to the City of Lubbock for providing personnel and supplies during the 1999 Oklahoma tornado disaster relief effort. The City of Lubbock Animal Services Department provided personnel and supplies to Oklahoma during the 1999 tornado disaster. The Texas Animal Control Association has presented the City of Lubbock with a Certificate of Appreciation, and Nancy Hickman and Jim Owens from the Animal Services Department presented that to the Mayor and the City Council. (12.) Presentation of a special recognition to Nancy Hickman, Animal Services Manager for the City of Lubbock, for her recent participation in the "Happy Paws/Saving Pets Lives" conference in Toronto, Canada. Nancy Hickman was invited as one of eight individuals to speak at the recent "Happy Paws/Saving Pets Lives" conference in Toronto, Canada. The conference directors were impressed with the City of Lubbock's Animal Services web page, which provides pet information and links to other pet sites. The City of Lubbock Animal Services Department was also invited to participate in the beta testing of new software entitled "Saving Pets Lives", which will be used to reunite lost pets with their owners. The City of Lubbock was one of eight facilities invited to participate in the testing. Because of the recognition Nancy Hickman brought to Lubbock by instituting this program and through her participation at this conference, senior management thought it appropriate to recognize her hard work. A special recognition was given to Nancy Hickman. 121 City Council Meeting February 24, 2000 Page 122 (13.) Presentation of a special recognition to Lubbock Animal Services, recognizing February 29, 2000 as "Spay Day USA in Lubbock." The sixth anniversary of the national campaign "Spay Day USA" is February 29, 2000. Lubbock will join in the national effort by issuing certificates for one free spay or neuter per family from February 1, 2000 to March 31, 2000. The City of Lubbock will proclaim February 29, 2000 as "Spay Day USA in Lubbock." Lucinda Mann and Laura Forsythe accepted the recognition on behalf of Lubbock Animal Services. (14.) Presentation of special recognition to the City of Lubbock for participation in the National Flood Insurance Program Community Rating System. The Federal Emergency Management Agency (FEMA) has presented a plaque to the City of Lubbock for the City's participation in the Community Rating System (CRS) of the National Flood Insurance Program (NFIP). The City of Lubbock has participated in the NFIP since the 1970's. By participating in this voluntary program, flood insurance is available to all property owners within the corporate limits of the City. FEMA initiated the optional CRS program in order to promote additional floodplain management measures in communities that participate in the NFIP and award them for the increased protection of their citizens. The City of Lubbock has also participated in the CRS since 1992. The CRS requires that more than the minimum regulations of the NFIP be met. In exchange for a community exceeding these minimum requirements of the NFIP, the flood insurance policy holders within the community receive a reduction in their flood insurance premium cost. The City of Lubbock has adopted measures that qualify the City of Lubbock for a Class 8 rating, entitling its citizens to up to a 10 % reduction in flood insurance premiums through the CRS. The savings to the flood insurance policyholders of Lubbock, amount to about $25,000 per year. Some of the criteria for which the City received credit in the CRS were already in place prior to application in the CRS. Additional requirements, to obtain credit for other criteria items, were adopted to qualify for the reduced insurance rates. This plaque from FEMA is recognition to the City of Lubbock for its continued participation in floodplain management practices that exceed the minimum requirements of the NFIP. Skipper Wood and Larry Hertel of Street Drainage Engineering accepted the special recognition. (15.) Presentation of a special recognition to Vicki Key, Civic Centers Manager, for her work with promoters in attracting concerts to the Lubbock Community. For the past twenty years, Vicki Key has been instrumental in attracting various concerts to the Lubbock area. Her work with promoters in the concert industry has strengthened Lubbock's foothold in the entertainment industry. Her most recent work includes an eight -month long effort to attract Elton John to the City of Lubbock. For the past 122 City Council Meeting February 24, 2000 Page 123 several months, Ms. Key worked with Randy Shelton with Star Day Productions to try and bring Elton John to the Lubbock Municipal Coliseum. However, due to the number of seats in the coliseum and the cost per seat in order to make this work for a performer like Elton John, staff had to pursue other options. With this in mind, Ms. Key worked with promoters to identify another venue. That venue was the United Spirit Arena. Her unselfish effort allowed the citizens of Lubbock to enjoy a magnificent concert in a phenomenal facility in the United Sprit Arena. In attracting a big act like Elton John, the City of Lubbock was not left out of the mainstream of entertainment. Furthermore, because of Ms. Key's efforts to continue to work with the promoter and the United Spirit Arena facility manager, she was able to provide ticket services for this event. By doing so, Select -a -Seat was able to sell tickets for this event and make a profit that will assist in recovering costs for that department as well as for the coliseum. Because of her ingenuity and continued efforts with promoters and other facility managers in the area, Vicki Key deserves special recognition because of her unselfish efforts to promote Lubbock as an entertainment venue. Ms. Key was presented with a special recognition certificate, and John Walker and Lisa Burns of Select -a -Seat were also honored for their extraordinary efforts in administering a sellout in less than two hours for the United Spirit Arena. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things About Lubbock. No. 10 is LIA. The Lubbock International Airport is reaching greater heights these days. As of May 1, 85 % of all departing flights from Lubbock will be jet service compared to only 12 jet flights in 1994. According to our Air Service Task Force Council representative Ty Cooke, there will be four airlines serving Lubbock with jet service: Continental, American Airlines' affiliate, American Eagle, Delta Lines' affiliate, Atlantic Southwest Airline and Southwest Airlines. The renovations under way on the Airport's food court, gift shop and lounge areas, combined with the placement of televisions in each gate area, along with the new airport parking computer operations system, makes LIA the best airport in this region. No. 9 is the United Spirit Arena. With recent sell -out crowds in excess Of 15,000 people to Texas Tech basketball games and the Elton John concert, the realization that the United Spirit Arena is truly an entertainment venue of national attractiveness and uniqueness, should be apparent to all citizens of Lubbock. I wonder how many thousands of people have come to Lubbock, spent the night in our hotels, and spent money at our local restaurants and retail stores to participate in or enjoy an event at the United Spirit Arena? Remember that the best thing about the United Spirit Arena is that, from an economic development and entertainment aspect, the best is yet to come. No. 8 is Buckled up. Did you know that more than 200 young children in Lubbock are now more safely buckled up in their cars? On February 19, the Traffic and Engineering Department in conjunction with the Health Education team provided a Car Safety seat checkpoint at one of the Wal-Mart stores where children's car seats were inspected and 123 City Council Meeting February 24, 2000 Page 124 installed to insure proper safety for children under four years of age. One alarming statistic is that 80% of all car seats are installed improperly. This event on February 19 educated parents and grandparents on proper car seat safety and also gave away close to 50 new car seats to needy families. No. 7 is Bird sanctuary. This time of year Lubbock's parks, lakes and backyards attract more than human citizens. They have become sanctuaries for over 100 species of birds, both native and visitor. The naturally protected environment of our playa lakes provides a spectacular bird airport for daily flights of Canadian geese. Carol Mitchell, Executive Director of the South Plains Wildlife Rehabilitation Center, also reports the existence of other winged creatures such as barn owls, hawks, morning doves, gulls and starlings. These are only a few of the 124 kinds of birds cited in Lubbock in just one day by our local chapter of the National Audobon Society. Take a moment and enjoy these national beauties who choose to call Lubbock "home." No. 6 is Opening dates. Who says that business opportunity is limited or that the economy is cooling off in Lubbock? Not the following big name chain retail outlets who are planning to invest over a combined $20 million in new stores in Lubbock: I . Walgreen Drugstore will open its 5"' store in Lubbock at 8201 University in October of this year; 2. TGIFridays will be opening a new restaurant in Central Plaza at 6201 Slide Road on May 15"'; 3. Old Navy confirmed an April opening of its new 25,000 square foot store in Central Plaza also; 4. Staples Office Supply Store will move into the 23,200 square foot former Movies 4 Slide Road location in Central Plaza later this year; and, 5. United Supermarket is planning to construct a new grocery store concept called "Market Street" at the former Winchester Theater location at 50' and Indiana, commencing on March 1 of this year. Court No. 5 is Court, Teen Court. The Lubbocknate4avenuel of dispostion for the Teen Court Program in 1987 as an alter teenagers under 17 years of age chrbest Bed with Class C een court programnin the Stateof What has evolved is arguably th Texas that involves student judges, attorneys,enc. s adult through volunteers hours and f benefits 33 charitable and community gas community service by those teenagerscofpthe outstanding community sefforts of alternate punishment. In recognition Lubbock's Teen Court, the 2001 State Association 00 envisCotors is will hold its annual meeting in Lubbock eattracting Teen Court coordinator and three -state area. Hats off to Ed Coop Judge Robert Doty for this excellent educational and rehabilitative program. No. 4 is Key, Vicki. Civic Center Manager Vicki Key is doing a tremendous job promoting and attracting concerts, Broadway shows, and performances to the City of other entertaining and culturally r e iching Pecognition in our Citizen ou Lubbock as indicated by previous Appearances portion of this meeting. 124 City Council Meeting February 24, 2000 Page 125 No. 3 is Yearning to pass on tradition. An art form passed down from generation to generation that uses products from the cotton industry is alive and well in Lubbock. Quietly and consistently, members of the South Plains Quilter's Guild produced colorful 100% cotton quilts which graced private homes and are donated to outreach organizations in the City, such as the Children's Advocacy Center. In today's world, the story -telling patterns of quilts have taken on a bigger significance, as symbolic quilts tour the country to promote social and national causes. Thanks to our local Guild for keeping this pioneer art form alive. No. 2 is E-commerce plans. We had a presentation earlier during our work session from Anna Mosqueda, the Director of Management Services regarding our City's planning for the opportunities and challenges that e-commerce brings to the citizens of the City of Lubbock. As with any opportunities for the consumer, fair treatment to all merchants both established and new, as well as those state and local governments involved in the process, requires great foresight and planning. Anna and all members of the City of Lubbock staff, along with the National League of Cities, are working very hard to insure the success and compatibility of e-commerce. No. 1 is Surgeon (Dr. Wayne Isom). In recognizing the successful surgery that our Mayor underwent recently with an excellent prognosis, it is appropriate to note that one of Lubbock's natives has gone on to national notoriety as being the heart surgeon of the stars. Dr. Wayne Isom was recognized Monday night on CBS's David Letterman Show as the cardiac surgeon who performed quintuple bypass surgery on David Letterman. David introduced Dr. Isom by saying "Straight from Lubbock, Texas, the doctor that held my life in his hands." Even in New York City the talents, skills and resources of Lubbock, Texas are being received and appreciated. How appropriate it is for one of the early Top Ten listmakers, David Letterman, to recognize a Lubbock native on his own personal Top Ten list. CONSENT AGENDA (Items 16-29, 31-39) Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve all items on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (16.) Approval of the Minutes of the Regular City Council Meeting of February 10, 2000. (17•) Ordinance No. 2000-00002 establishing the date of the 2000 General Municipal Election of the City of Lubbock (second and fmal reading). ORDINANCE NO. 2000-00002 AN ORDINANCE ESTABLISHING THE DATE OF THE 2000 REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK; AUTHORIZING THE MAYOR TO ORDER THE 2000 REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK AND PROVIDING AN EFFECTIVE DATE. (18•) Ordinance No. 2000-00003 changing Chapter 2, Article VIII, Sections 2-216(1) and 2-216(2) of the Code of Ordinances to eliminate the approval requirements of the Civil Service Commission's Local Rules (second and final reading). 125 City Council Meeting February 24, 2000 Page 126 ORDINANCE NO.2000-00003 AN ORDINANCE AMENDING SUBSECTIONS 2-216(l) and 2-216(2) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE POWERS AND DUTIES OF THE CIVIL SERVICE COMMISSION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (19.) Ordinance No. 2000-00004 amending Chapter 21 of the Code of Ordinances by adding a new article regarding flooding resulting from filling in playa lakes located within the extraterritorial limits of the City (second and final reading). ORDINANCE NO.2000-00004 AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE IV REGARDING FLOODING RESULTING FROM FILLING IN PLAYA LAKES LOCATED WITHIN THE EXTRATERRITORIAL LIMITS OF THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (20.) Ordinance No. 2000-00005 - ZONE CASE NO. 2872 (southwest corner of 98' Street and Frankford): Request of The Springs UMC for a zoning change from T to A-2 limited to church and church related uses on 15 acres of land out of the northeast quarter of Section 21, Block AK (second and final reading). ORDINANCE NO.2000-00005 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2OUT OF THE NORTHEAST QUARTER OF ZONING ON 15 ACRES OF LAND SECTION 21, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (21.) Ordinance No. 2000-00006 abandoning and closing a 20-foot ingress - egress easement located in Lot 13, Spur 327 Business Park Addition to the City of Lubbock (5902 6e Street) (first reading). ORDINANCE N0.2000-00006 AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT INGRESS - EGRESS EASEMENT LOCATED IN LOT 132COUNTYBUSINESS TEXAS,PARK, AND AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK MORE PARTICULARLY DESCRIBED IN THE BODY TOFFICIAL S ORDINAAPS OFNCE; DIRECTING THE CITY ENGINEER TO MARK THE THE CITY TO REFLECT SAID ABANDONMENT AND ING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a north -south 20-foot ingress -egress easement near the west side of Lot 0. a es and Shadyhis area is ed for Mowery,parking and the proponents of this closure, J ill dedicate a new easement to replace this one being closed. The Right -of -Way Department recommended the approval of the first reading of this ordinance. 126 City Council Meeting February 24, 2000 Page 127 (22.) Ordinance No. 2000-00007 abandoning and closing portions of Emory Street, Duke Street, and North Avenue V (also known as Canyon View Drive) and a 10-foot fire hydrant and water supply line easement located in Blocks 1 and 2, Canyon View Addition to the City of Lubbock, Lubbock County, Texas (2102 Emory Street) (first reading). ORDINANCE NO.2000-00007 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF EMORY STREET, DUKE STREET, AND NORTH AVENUE V (ALSO KNOWN AS CANYON VIEW DRIVE) AND A 10 FOOT FIRE HYDRANT AND WATER SUPPLY LINE EASEMENT LOCATED IN BLOCKS 1 AND 2, CANYON VIEW 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. At the intersection of Emory Avenue and North Avenue U are Lots 1 and 2, Canyon View Addition. This addition is serviced by a u-shaped thoroughfare that is made up of Emory Street, Duke Street, and North Avenue V. Several years ago, this addition contained affordable housing units that were declared substandard and demolished. Habitat for Humanity has acquired this property and desires to replat it into a new subdivision with new streets and alleys which will more than offset the street areas being closed. A 10-foot by 135.80-foot fire hydrant and water supply line easement will also be closed since it will no longer be needed. The Right -of -Way Department recommended the approval of the first reading of this ordinance. (23.) Ordinance No. 2000-00008 abandoning and closing a portion of an alley in Block 138, Original Town Addition to the City of Lubbock (510 13'h Street) (first reading). ORDINANCE NO.2000-00008 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN BLOCK 138, 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 abandons and closes the south portion of a north -south alley just east of Avenue E and north of 13' Street for replatting purposes. The proponent of this closure is Raymond Hogan and Ted Hogan. The total area being closed is 2,448.20 square feet. The Right - of -Way Department, after reviewing tax office records and land sales in this area, has valued this alley at $1 per square foot for a total due to the City of $2,448.20. All utilities have been satisfied and the final plat has been submitted. The Right -of -Way Department recommended the approval of the first reading of this ordinance. 127 City Council Meeting February 24, 2000 Page 128 (24.) Ordinance No. 2000-00009 amending Chapter 27 of the Code of Ordinances with regard to the operation of taxicabs within the City of Lubbock (first reading). ORDINANCE NO.2000-00009 AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE OPERATION OF TAXICABS WITHIN THE CITY OF LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Last month staff met with Jim Sexton, owner of the Yellow Cab Company, and his attorney, John Sims, to discuss "fine-tuning" of the City ordinance regulating taxicab service. The following changes grew out of the discussion and are supported by staff: 1. Clarification that if a taxicab permit holder replaces a permitted vehicle during the year, no additional permit fee is required for the replacement. 2. Current taxicab permit holders shall be notified and given an opportunity to comment when the City Secretary receives an application from a new taxicab company. The City Manager shall consider such comments when determining whether public convenience and necessity require the granting of a new permit. 3. The criminal history of the new permit applicant and its general manager shall be considered, in addition to their character, experience and responsibility. A point staff could not agree upon was the need to increase the number of vehicles from 5 to 10, as required in Sec. 27-75(4) of the current ordinance. Staff believes the current regulations are adequate to prevent so called "gypsy cabs" from entering the Lubbock market while still allowing a start-up company to enter the market without excessive overhead. Staff recommended approval of the ordinance on first reading. (25.) Ordinance No. 2000-00010 changing the City of Lubbock 1999-2000 budget for municipal purposes for purchase of additional land for irrigation of effluent (first reading). ORDINANCE NO.2000-00010 AN ORDINANCE MAKING CHANGES IN THE FY 1999-2000 BUDGET OF THE CITY OF LUBBOCK FOR GOVERNMENTAL PURPOSES. This item is a housekeeping item to establish the Budget for Capital Project #9135 for the Hancock Land Application Site Acquisition. Capital Projects are accounted for on a life -to -date basis. Bond funding was approved by Council in April 1999 for this project and this action merely establishes the appropriation for this expenditure that was not previously included. Staff recommended approval. 128 City Council Meeting February 24, 2000 Page 129 (26.) Ordinance No. 2000-00011 authorizing the issuance of $7,000,000 "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2000" and all necessary documents related to the issuance (first reading). ORDINANCE NO.2000-00011 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2000"; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. On January 13, 2000, City Council approved the first step in the issuance process. Resolution #2000-R0014, dated January 13, 2000 was to approve and authorize publication of Notice of Sale with respect to the issuance of the General Obligation Bonds. The second reading of this bond ordinance is scheduled for March 23, 2000. On that date, the bonds will be sold competitively. Bidders will be able to place bids via mail, phone, fax and through an electronic site. The bids will be accepted until I1:00 a.m. and then they will be verified and the lowest bid will be identified. The results of those bids will be presented in the City Council meeting at approximately 11:30 a.m. City Council will be asked to approve the recommendation for lowest bidder meeting specifications as well as approve the second reading of the ordinance and make final approval of all necessary documents related to the issuance. As this action is necessary to proceed with the bond issuance, staff recommended passage of this ordinance. (27.) Resolution No. 2000-R0054 accepting paving improvements constructed by Williams and Peters Construction Co., in South Haven Addition, Lots 99-122. RESOLUTION NO. 2000-R0054 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 99-122 South Haven Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 102nd Street from the East lip line of Utica Drive to the end of cul-de-sac East of Utica Drive, known and designated as New Subdivision Sub -Unit Number 08 of Unit Number 2039. 129 City Council Meeting February 24, 2000 Page 130 102" Street from the West lip line of Utica Drive to the East lip line of Vicksburg Avenue, known and designated as New Subdivision Sub -Unit Number 09 of Unit Number 2039. Utica Drive from the South end of the alley return North of 102' Street to the South end of the alley return South of 102nd Street, known and designated as New Subdivision Sub -Unit Number 10 of Unit Number 2039. East half of Vicksburg Avenue from the South end of the alley return North of 102nd Street to the South end of the alley return South of 102' Street, known and designated as New Subdivision Sub -Unit Number 11 of Unit Number 2039. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 24' day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: 102" Street from Utica Drive to the cul-de-sac east of Utica Drive. 102nd Street from Utica Drive to Vicksburg Avenue. Utica Drive from the alley north of 102nd Street to the alley south of 103" Street. 130 City Council Meeting February 24, 2000 Page 131 East half of Vicksburg Avenue from the alley north of 102' Street to the alley south of 102"d Street. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (28.) Resolution No. 2000-R0055 accepting paving improvements constructed by Williams and Peters Construction Co., in Day Estates Addition, Lots 1-61. RESOLUTION NO.2000-R0055 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1-61 Day Estates Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: Gardner Avenue from the South lip line of 94' Street to the North lip line of 95d' Street, known and designated as New Subdivision Sub -Unit Number 41 of Unit Number 2039. Fulton Avenue from the South lip line of 93rd Street to the North lip line of 94°i Street, known and designated as New Subdivision Sub -Unit Number 42 of Unit Number 2039. Gardner Avenue from the North lip line of 93' Street to the cul-de-sac South of 92"d Street, known and designated as New Subdivision Sub -Unit Number 43 of Unit Number 2039. Fulton Avenue from the South lip line of 92"d Street to the North lip line of 93rd Street, known and designated as New Subdivision Sub -Unit Number 44 of Unit Number 2039. 95' Street from the West lip line of Frankford Avenue to the West end of radius of Gardner Avenue, known and designated as New Subdivision Sub -Unit Number 45 of Unit Number 2039. 93rd Street from the West lip line of Frankford Avenue to the West property line of lot Number 31 (320 feet ±, West of Gardner Avenue), known and designated as New Subdivision Sub -Unit Number 46 of Unit Number 2039. The South half of 92"d Street from the West lip line of Frankford Avenue to the West end of radius of the alley West of Gardner Avenue, known and desi nated as New Subdivision Sub -Unit Number 47 of Unit Number 2039. g 94' Street from the West lip line of Frankford Avenue to 120.43 feet West of the West end of radius of Gardner Avenue, known and designated as New Subdivision Sub -Unit Number 48 of Unit Number 2039. The West half of Frankford Avenue from the centerline of 92' Street to the drainage channel at 95`h Street (alley returns and Curb & Gutter only) known and designated as New Subdivision Sub -Unit Number 49 of Unit Number 2039. 131 City Council Meeting February 24, 2000 Page 132 WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 24' day of February, 2000. Is/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: Gardner Avenue from 94h Street to 95d' Street. Fulton Avenue from 93rd Street to 94' Street. Gardner Avenue from 93rd Street to the cul-de-sac south of 92°d Street. Fulton Avenue from 921 Street to 93rd Street. 95t' Street from Frankford Avenue to Gardner Avenue. 93rd Street from Frankford Avenue to the west property line of Lot 31. The south half of 9Td Street from Frankford Avenue to the alley west of Gardner Avenue. 94'h Street from Frankford Avenue to 120.43 feet west of Gardner Avenue. 132 City Council Meeting February 24, 2000 Page 133 Curb and gutter and alley returns only on the west half of Frankford Avenue from 92nd Street to 95`h Street. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (29.) Resolution No. 2000-R0056 authorizing the Mayor to execute for and on behalf of the City of Lubbock a grant application and related documents for a Library Services Technology Act (LSTA) Grant to support the "Read With Me" Literacy Program of the Lubbock City -County Library and the Lubbock Area Coalition for Literacy. RESOLUTION NO. 2000-R0056 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 any and all documents related to the Library Services Technology Acts (LSTA) Grant to support the Lubbock City -County Library with a new LSTA Grant, attached herewith, by and between the City of Lubbock and the Texas State Library and Archives Commission, and any associated documents, and shall be included in the minutes of the Council. Passed by the City Council this 24'' day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of the LSTA Grant is filed with Resolution No. 2000-R0056. This project is a cooperative endeavor between the Lubbock City -County Library (LCCL), the Lubbock Independent School District (LISD), the Lubbock Area Coalition for Literacy (LACFL), the Retired Senior Volunteer Program (RSVP) and KTXT-TV (local PBS station). The project meets criteria of the Strategic Youth Plan for the City of Lubbock. LCCL currently has children's storytimes at all four library locations. Taking these storytimes to the kindergartens at the Title I Elementary 133 City Council Meeting February 24, 2000 Page 134 Schools will reach many families who are not presently library users and do not know what kinds of programming the library has to offer. LISD Title I schools currently have a "Brown Bag Day" in which families eat with their children, while teachers give programs on learning activities to do at home. The Coalition has a Family Reading Program which increases family literacy, encourages parental involvement in their children's education, and encourages parents to continue their own educational goals. Families from the 22 Title I schools will attend a library tour at one of the four locations, receive packets with information about all the library programs, be given the opportunity to get a library card and check out books, and become a future library user. In addition, the librarians will conduct story hours for all kindergarten children at the Title I schools and give each child a free book. This program will reach 660 parents and children who tour the library and 1120 students at kindergarten storytimes. LCCL received this grant last year. This program will be fully funded by the State of Texas, and in -kind services offered by LISD. The City has no responsibility or obligation in the event that funds are not appropriated or provided. The City of Lubbock will receive compensation of 9.03 % of direct charges to reimburse the cost of fiscal administration of the grant. This new grant, if received, will be for approximately $35,365. Because the LSTA Grant encourages the use of library staff and facilities by parents and children in the 22 Title I Schools within LISD, as well as supporting the adult literacy program which serves Lubbock County, staff brought this proposal and recommended the Mayor be authorized to execute the necessary documents related to the LSTA Grant, as provided in the resolution document. (30.) Consider a resolution authorizing the City Council to approve the recommendation of the Parks and Recreation Board regarding FY 1999-2000 use of in -kind services by City of Lubbock departments for special event support. This item was deleted. (31.) Resolution No. 2000-R0057 authorizing the Mayor to execute an Interlocal Agreement with Lubbock Independent School District and Lubbock County for support of the Specialized Treatment and Rehabilitation (STAR) Program. RESOLUTION NO.2000-R0057 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 Interlocal Agreement and all related documents by and between the City of Lubbock, Lubbock Independent School District, and Lubbock County Youth Center for the Specialized Treatment and Rehabilitation project (STAR) with regard to juvenile offenders who have committed detainable offenses, which agreement is attached hereto, 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. 134 City Council Meeting February 24, 2000 Page 135 Passed by the City Council this 24' day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Interlocal Agreement is filed with Resolution No. 2000-R0057. In 1994-95, the City Council entered into an agreement with Lubbock Independent School District (LISD) and Lubbock County to jointly fund the Specialized Treatment and Rehabilitation (STAR) project. The current agreement expired September 30, 1999. Due to the administrative changes at both the County and the School District during the previous year, the agreement was not renewed prior to the beginning of the 1999-2000 fiscal year. The new agreement will expire September 30, 2000. The STAR program is a cooperative venture of LISD, the City of Lubbock, and the Lubbock County Youth Center. It provides a very structured environment which combines regimented discipline, along with education to youth between the ages of 11-16 who have committed offenses for which they can be detained at the youth center, or whom the courts determine would benefit from the program. Most provisions of the contract have remained the same, with the exception of the level of contribution. • Term of the contract is for one year with the option to renew for three successive one-year terms. • The City, County, and LISD will each contribute $105,000. Last year's contribution was $94,162. • LISD will provide offices for drill instructors, classrooms, drill, and exercise facilities and meals for students. • Lubbock County will provide training and travel for drill instructors assigned to the project and arrange for court hearings for placement of students into the program. • Lubbock County will provide quarterly reports on progress of the program. 135 City Council Meeting February 24, 2000 Page 136 LISD and Lubbock County have already executed this agreement. Staff recommended approval with the following conditions: The Lubbock County Youth Center will provide the City with quarterly reports including: 1. Number of juveniles enrolled in each STAR program. 2. Breakdown of criminal offenses committed by the juveniles. 3. Number and type of criminal offenses committed by each juvenile prior to enrollment in STAR. 4. Any criminal offense (number and type) committed by a juvenile after completing the STAR program. (32.) Resolution No. 2000-R0058 authorizing the Mayor to execute an industrial tax abatement agreement with X-FAB Texas. RESOLUTION NO.2000-R0058 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 X-FAB Texas, 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 24' day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin G. Walker Kevin G. Walker, Business Liaison Officer 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. 2000-R0058. The City of Lubbock received an application for industrial tax abatement from X-FAB Texas, Inc. to renovate and modernize space in the facility located at 2301 North University Avenue. 19101 City Council Meeting February 24, 2000 Page 137 X-FAB will be renovating space in the facility, located in the North Enterprise Zone, to bring portions of the facility into leasable condition. The proposed improvements include: modifying modules C, D & E to house a call center, modify main lobby, construct an area for a day care center in Module B, recarpet and repaint spine, construct new visitors' lobby at the south end of the facility, and modify Module A warehouse per tenant requirements. The estimated cost for the renovations is $2.5 million. The project meets the Industrial Tax Abatement Policy and Guidelines minimum investment of $1,000,000. The application is for abatement on the improvements to the building only, no personal property. The recommended abatement term is ten years with a declining percentage schedule beginning at 100% and declining 10% in each subsequent year of the abatement. The abatement amount for the City of Lubbock is approximately: Year 1 100% $14,500 Year 2 90% $13,050 Year 3 80 % $11, 600 Year 4 70 % $10,150 Year 5 60% $8,700 Year 6 50% $7,250 Year 7 40 % $5 , 800 Year 8 30 % $4, 350 Year 9 20 % $2, 900 Year 10 10 % $1,450 The total city abatement over the life of the contract is $79,750. The total county abatement over the life of the contract would be $40,986. _ The existing value of the building, as of January 1, 1999, was $12,960,800. There will be no direct jobs created by X-FAB Texas, but within eighteen months 700 to 800 jobs will be created by the tenant leasing the space. The estimated amount of the new payroll created by the new tenant is approximately $16 million. The project will add $2.5 million in new value to the tax base in the North Enterprise Zone. Under the current guidelines, X-FAB Texas, Inc. is eligible and meets all the criteria for tax abatement. Staff concurs with Market Lubbock Inc.'s recommendation of approval of the tax abatement for a term of ten years with a declining schedule beginning with 100% and declining by 10% each year. The Notice of Intent was approved by the City Council at its February 10, 2000 City Council meeting. (33.) Resolution No. 2000-R0059 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development funding contract and all related documents between the City of Lubbock and theSouth fromPhe Communitylrkforce Dev lopment Development Board for childcare Block Grant for Public Service. 137 City Council Meeting February 24, 2000 Page 138 RESOLUTION NO.2000-R0059 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 Community Development Funding Contract, by and between the City of Lubbock and South Plains Regional Workforce Development Board - Childcare program from the Community Development Block Grant (CDBG) for Public Service, and other related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24t' day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Interim Managing Director, Health & Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of the Agreement is filed with Resolution No. 2000-R0059. Grantee: South Plains Regional Workforce Development Board. Program: Childcare Funding Source: 1999-2000 Community Development Block Grant Use of Funds: This project will provide childcare fee assistance to 50 low to moderate income families who are working toward self- sufficiency. Amount: $66,000 Match: 25 % Return of Investment: Not required for Community Development Public Service. Terms: October 1, 1999 through September 30, 2000 Cow: Funding for this contract was approved by City Council at the June 10, 1999 City Council meeting. The contract is available for review in the City Secretary's Office. 138 City Council Meeting February 24, 2000 Page 139 Community Development recommended the approval of this resolution authorizing the Mayor to execute this contract. (34.) Resolution No. 2000-R0060 authorizing the Mayor to execute an interlocal cooperative lease agreement by and between Garza County and the City of Lubbock. RESOLUTION NO.2000-R0060 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 Interlocal Lease Agreement between the City of Lubbock and Garza County, Texas, 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 24' day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Managing Director Water Utilities APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade, Assistant City Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of the Interlocal Lease Agreement is filed with Resolution No. 2000-R0060. The public access area, "Sam Wahl Recreational Area," located at Lake Alan Henry in Garza County has been open to the public since 1991. Originally, law enforcement services for City lands and facilities were provided by the Brazos River Authority's Lake Ranger. In December 1999, the City entered into a contract with Garza County to provide law enforcement services for City land and facilities at Lake Alan Henry. For a similar expense, Garza County will provide two full-time officers instead of the one full-time officer provided by the Brazos River Authority. The law enforcement vehicles and supplies, while owned by the City of Lubbock, will be made available to the two Garza County law enforcement officials assigned to Lake Alan Henry. The vehicles include a boat, trailer and motor, and one pick-up. This agreement provides for Garza County to lease the vehicles in order that Garza 139 City Council Meeting February 24, 2000 Page 140 County may provide the liability insurance coverage needed for the operation of the vehicles by non -City employees. Staff recommended that the City enter into this interlocal agreement in order that Garza County may provide liability insurance coverage for City vehicles. (35.) Minuted action by City Council accepting the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 1999. Pursuant to Ch. 1, Art. IX, Sec. 26 of the City Charter, the City Council shall cause an audit of the books of the City at least once a year. At the February 10, 2000 City Council work session, a presentation of the Comprehensive Annual Financial Report (CAFR) for the year ended September 30, 1999 was made to the City Council by the independent CPA. This action item is to document the consensus acceptance of the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 1999 in the minutes of the City Council meeting. Staff recommended formal acceptance of the CAFR in the minutes of the February 24, 2000 City Council meeting. (36.) Resolution No. 2000-R0061 authorizing the Mayor to execute an interlocal agreement with the City of Texarkana for cooperative purchasing. RESOLUTION NO.2000-R0061 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 Interlocal Agreement for Cooperative Purchasing, by and between the City of Lubbock and the City of Texarkana, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24' day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 140 City Council Meeting February 24, 2000 Page 141 A copy of the Interlocal Agreement is filed with Resolution No. 2000-R0061. Cooperative purchasing is one of the ways that local governments can save time and money in their purchasing programs. It occurs when two or more entities coordinate some or all of their purchasing needs so that they can join in purchases to the mutual benefit of all the entities concerned. Local governments benefit in many ways, including developing contacts with other local government officials and developing the habit of cooperating with other entities. Some of the most common benefits are: 1. Lower costs through increased volume. 2. Lower (shared) administrative costs. 3. Improved response from vendors. 4. Shared experience leading to better product specification. 5. Better compliance with state statutes on purchasing. VTCA Government Code Chapter 791 - Interlocal Cooperation Act allows local governments to contract with and between each other, to provide governmental functions and services, and to join together in contracting with others to provide goods and services. The City of Lubbock and the City of Texarkana desire to cooperate on select governmental purchases in order to enjoy greater economy of scale and thereby reduced prices for certain commodities used by both governmental entities. Pursuant to Section 791.012, the laws of the particular entity making the particular purchase will apply to the purchase unless the law of the other entity is more strict and would prohibit the purchase being made in such a manner. In such a case, the purchase will be made in conformance with the most stringent applicable regulation. The City of Lubbock and the City of Texarkana will engage in the purchase of items and services that are used by both entities and as jointly agreed upon by the purchasing officers of both entities. As a general rule, the governmental entity that uses the most of a particular commodity or service will be the lead agent in making a joint purchase. Each entity will be responsible for payment of its portion of the proportionate purchase costs directly to the vendor. The period of this interlocal agreement will be for the balance of the fiscal year and will thereafter be automatically renewed annually for each succeeding fiscal year of the City. Staff recommended approval of the resolution (37.) Resolution No. 2000-R0062/RFP #99-207 - Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Link System (Water Utilities). 141 City Council Meeting February 24, 2000 Page 142 RESOLUTION NO.2000-R0062 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 a Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Link System, by and between the City of Lubbock and Adaptive Broadband of Rochester, New York 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 24' day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the contract is filed with Resolution No. 2000-R0062. This contract will provide "high tech" equipment and installation of Supervisory Control And Data Acquisition (SCADA) radio communication systems. These radio systems will provide the communications medium for remote control and status monitoring associated with the Sandhills wells in Bailey County and other facilities and system monitoring sensors scattered throughout the City of Lubbock. The contract includes multiple address spread spectrum radio systems in the City of Lubbock and in the Sandhills Well Field located in Bailey and Lamb Counties near Muleshoe, Texas and a point-to-point radio system to link the SCADA master stations at Lubbock Water Control Room and the Sandhills Well Field providing continuous data communications. The multiple address spread spectrum system includes 256 radio units to provide communication to each remote water facility and to each water production well for the first time. They will allow full and almost instantaneous SCADA control and monitoring in the Sandhills Well Field. Two companies submitted proposals to the City of Lubbock for these radio systems: • Lubbock Communications, Inc. - Lubbock, Texas • Adaptive Broadband - Rochester, New York 142 City Council Meeting February 24, 2000 Page 143 A selection committee was appointed to review and evaluate the proposals submitted by the companies listed above. The proposals were distributed and evaluated independently by the committee members. In addition, each company made an oral presentation to the committee. The committee used the basic evaluation methods detailed in the City Purchasing Department policies and procedures. Uniform selection criteria was utilized by the committee. The major criteria considered were: 1) Overall Responsiveness to the RFP. 2) Past Project Experience on Similar Projects. 3) Cost. Adaptive Broadband received the highest average score of 97. Lubbock Communications, Inc. received an average score of 87. Each committee member individually ranked the proposal from Adaptive Broadband highest of the two proposals. Both proposals were found to be prepared in a professional manner and showed technical capability. It was the selection committee's opinion that Adaptive Broadband possessed the best combination of history and experience on similar projects. The selection committee recommended that Adaptive Broadband be engaged to provide the equipment and installation associated with this project. References given by Adaptive Broadband were contacted by the committee. Without exception, each reference contacted gave a good report on the company and the results of their work on projects very similar to this one. In addition, Adaptive Broadband has performed similar work in the past for the City of Lubbock with excellent results. A contract has been successfully negotiated with Adaptive Broadband Corporation, Rochester, New York. The negotiated contract amount is $1,077,320 and is within the budget for this project. The staff recommended approval of this contract. (38.) Bid #00-024 - PVC Pipe, Valves & Fittings (Water Utilities) This bid is for the purchase of 4,600 feet of 18-inch PVC pipe and various valves and fittings. The material will be installed by Water Utilities as part of a pipeline by-pass system at the Land Application Site. This pipeline will increase the water volume and pressure that are necessary to provide water to irrigation customers northeast of the city's farm. The pipeline by-pass will also provide an increase in pressure that is necessary for the operation of the City's irrigation pivots 25, 26, and 27 located on the far east side of the City's farm. The by-pass line must be installed by April 2000 to provide proper irrigation to this year's crop. The low bid is $45,530.80 from O'Tool Plastic Pipe, Inc. of Lubbock, Texas and is within the Land Application Site Irrigation Line Extension budget amount. (39.) Bid #00-026 - Submersible Pumps & Accessories (Water Utilities) This bid is for the purchase of two submersible pumps and accessories. The material will be installed by Water Utilities as part of a pumping system to move water from Lakeridge Front Lake, Miller Park and 143 City Council Meeting February 24, 2000 Page 144 Trinity/Sundial to the Texas Department of Transportation Interstate 27 drainage system. The low bid is $42,809 from CF Engineered Equipment, Inc. of Dallas, Texas and is within the Storm Water Pumping Project budget amount. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. REGULAR AGENDA PUBLIC HEARINGS The first item considered was Item 50. (40.) Ordinance No. 2000-00012 - Zone Case No. 2874 (north of 4`h street and east of Guava): Hold a public hearing to consider request of David L. Billingsley (for Fay Tice Billingsley) for a zoning change from R-1 to C-3 on Lots 5-8, Block 1, Moore-Elliston Addition. ORDINANCE NO.2000-00012 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2874; A ZONING CHANGE FROM R-1 TO C-3 ZONING ON LOTS 5-8, BLOCK 1, MOORE-ELLISTON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Ince opened the public hearing at 11:19 a.m. No one appeared to speak. Mayor Pro Tem Ince closed the hearing at 11:20 a. m. The request would expand the zoning along the Idalou Road north of 4' Street to match the small parcel that is already commercial at East 4' and Idalou. The C-3 zoning will accommodate a proposed convenience store with a carwash. Adjacent land uses: North - commercial South - commercial East - residential West - commercial The request suggests a minor change for the Comprehensive Land Use Plan. The current plan indicates only the corner as commercial. Plan policy exists to justify the proposed change since the Idalou Road is a U.S. highway and the shape of the lots would not create a good residential environment. The proposal meets zoning policy. A screening fence will be required on the east portions of the projects since the property to the east will remain residentially zoned. The proposal will have little effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request. The staff supports the recommendation of the Planning Commission. Randy Henson, Senior Planner, presented staff comments. 144 City Council Meeting February 24, 2000 Page 145 Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2000- 00012 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (41.) Ordinance No. 2000-00013 - Zone Case No. 2875 (4230 37'b Street): Hold a public hearing to consider request of ADC, Inc. (for Horace Henley) for a zoning change from R-1 to R-1 Specific Use for townhomes on Lot 17, Block 6, Highland Place Addition. ORDINANCE NO.2000-00013 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2875; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR TOWNHOMES ON LOT 17, BLOCK 6, HIGHLAND PLACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Ince opened the public hearing at 11:22 a.m. Connie Reed appeared on behalf of ADC, Inc. for Horace Henley. No one appeared in opposition. Mayor Pro Tem Ince closed the hearing at 11:23 a.m. The proposal is similar to several previous cases in this area. The two townhomes may have the appearance of a duplex, but will be two independent single-family units. Land use is residential is all directions. As R-1 Specific Use, the request is consistent with the Comprehensive Land Use Plan if the proposal is acceptable to adjacent owners. No individuals appeared at the Planning Commission hearing. The lot is approximately 8576 square feet. With two units the density is about 1,400 square feet under the 10,000 square feet that would be required for two separate single-family units. The two new lots would be significantly larger than the 2,000 square foot minimum for townhomes in the Specific Use District. The proposal should have no additional effect on traffic. Since existing housing in area has a 25-foot front setback, the staff recommended a condition be attached requiring a 25-foot front setback versus the fifteen -foot minimum in R-1 Specific Use. The Planning and Zoning Commission recommended approval of this request subject to the following condition: Front setback shall be a minimum of twenty-five feet. The staff supports the recommendation of the Planning Commission. Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2000- 00013 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 145 City Council Meeting February 24, 2000 Page 146 (42.) Ordinance No. 2000-00014 - Zone Case No. 2876 (west of Quaker and north of 110`b Street) : Hold a public hearing to consider request of Burl Masters (for Excel Development) on a zoning change from R- 1 to R-1 Specific Use for a reduced front setback, R-2, A-1 and A-2 limited to a private community center as defined in Section 29-10 (c)(10) on 14.26 acres of land out of Section 16, Block E-2. ORDINANCE NO.2000-00014 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2876; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR A REDUCED FRONT SETBACK, R-2, A-1 AND A-2 ZONING ON 14.26 ACRES OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Ince opened the public hearing at 11:25 a.m. Burl Masters appeared on behalf of Excel Development. No one appeared in opposition. Mayor Pro Tern Ince closed the hearing at 11:27 a.m. As submitted, the request will follow suit on the recent trend for 20 feet of front setback in the residential area, buffer the electric substation at the northeast corner with an apartment tract and duplex lots and accommodate a neighborhood fitness center. Adjacent land uses: North - residential South - residential East - residential West - residential The request is consistent with the Comprehensive Land Use Plan policy and zoning policy. The proposal will have no greater effect on the street system than anticipated. The City Council and Parks Board have endorsed the concept for a linear hike/bike/open space use of the 50-foot utility easement on the north of this property, inclusive of an area between University and Upland. This development will create the initial portions of the trail. The project has generated a lot of interest and support while the details of development and the cost of improvements by the owner versus the City have not yet been finalized. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: R-1 Specific Use: • Limited to a minimum twenty -foot front setback with a minimum of five feet on cul de sacs. • For those lots adjacent to the power line without a street buffer, minimum side and rear setback shall be ten feet and the lots shall be limited to one story construction. A-2 limited to a private community center: • The private community center shall be for recreational and social use of the immediate area with no commercial enterprises (reference 29-10(c)(10). 146 City Council Meeting February 24, 2000 Page 147 The staff supports the recommendation of the Planning Commission. Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2000- 00014 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (43.) Hold a public hearing to consider a resolution approving the Community Development Service Board's recommendation for changes to the Consolidated Plan, 1999 Action Plan, and reallocation of 1999 CDBG and HOME grant funds. Nancy Haney, Community Development Manager, presented staff comments. Mayor Pro Tem Ince opened the public hearing at 11:35 a.m. No one appeared to speak. Mayor Pro Tem Ince closed the hearing at 11:35 a. in. On February 9, 1999 The Community Development Services Board voted unanimously to recommended to the City Council the following changes: Revise the City's 1999 Annual Action Plan and 1995-2000 Consolidated Plan to add a second Optional Relocation Policy. This policy is designed to assist renters from the North Overton area who are displaced by the "Centre" project. It provides a one-time set payment for displaced renters to assist with their associated moving costs. See attached page for details of the policy. Reallocation of $300,000 of HOME Block Grant Funds to the City Housing Rehabilitation Program. This was the funding returned by WPS for transitional housing. They felt they should delay the project for the immediate future. Reallocation of $300,000 of Community Development Block Grant Funds from the City Housing Rehabilitation Program to the City's Optional Relocation Program. This shifting of funds allows the City to put funds into the Optional Relocation Program now, and have it ready to go in May of 2000, rather than waiting for funds from the regular allocation which would not be available until October 2000. Allow a request by the Housing Authority to change the use of the $242,000 they received in FY 1998, ($141,000) and FY1999 ($141,000) from demolition to rehabilitation activities. The Housing Authority (using CDBG funds for demolition), was bound by Federal regulations to replace each of the units demolished on a one for one basis. After many discussions with HUD and the Housing Authority, it was decided the Housing Authority would use their own funds earmarked for rehabilitation to pay for the demolition of the units in question. They would then request this change to use the CDBG funds to rehabilitate other housing units. This would not trigger the one for one replacement. Reallocation of $325,000 of Community Development Block Grant funds to the following projects: 147 City Council Meeting February 24, 2000 Page 148 City Parks and Recreation, Rodgers Swimming Pool Renovation $225,000 Lubbock Boys and Girls Clubs, Theodore Phea Parking Lot $ 35,000 Teen Publications, Building Acquisition $ 30,000 Lubbock Habitat, Infrastructure $ 25,000 Community Development, Administration Training and Travel $ 10,000 The CDSB looked at projects that were not funded, or were underfunded from the last allocation, as well as considering new projects as recommended. The above recommendation was recommended unanimously by the Board. No action was required. HEALTH AND COMMUNITY SERVICES (44.) Resolution No. 2000-R0064 for the adoption of the Optional Relocation Policy into the 1999 Annual Action Plan, and the 1995- 2000 Consolidated Plan for Housing and Urban Development. RESOLUTION NO. 2000-R0064 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby adopts the Optional Relocation Policy into the 1999 Annual Action Plan, and the 1995-2000 Consolidated Plan for Housing and Urban Development and all related documents. Said plans 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 24' day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Interim Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the plans are filed with Resolution No. 2000-R0064. 148 City Council Meeting February 24, 2000 Page 149 As discussed previously, this would allow a program to be set up to assist renters who are being displaced by the "Centre" project in North Overton. The policy must be included in our Annual Action Plan, and Consolidated Plan in accordance with HUD regulations. See attached policy. Community Development recommended the adoption of this policy. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 2000-R0064 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (45.) Resolution No. 2000-R0065 for the approval of the reallocation of $300,000 Home Block Grant funds to the City Housing Rehabilitation Program, and the Reallocation of $300,000 of Community Development Block Grant funds from the City Housing Rehabilitation Program to the City's Optional Relocation Program. RESOLUTION NO. 2000-R0065 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves the reallocation of $300,000 Home Block Grant funds to the City Housing Rehabilitation Program, and the Reallocation of $300,000 of Community Development Block Grant funds from the City Housing Rehabilitation Program to the City's Optional Relocation Program. Said reallocations 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 24r' day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Interim Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the reallocations are filed with Resolution No. 2000-R0065. This shifting of $300,000 of HOME funds into the Housing Rehabilitation Program allows us to move the $300,000 of Community Development block Grant funds from the Rehabilitation Program into the Optional Relocation Program. This gets funding into the program earlier 149 City Council Meeting February 24, 2000 Page 150 than having to wait until the next regular allocation becomes available in October of 2000. Community Development recommended approval of these transfers. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 2000-R0065 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal recused himself. (46.) Resolution No. 2000-R0066 for the approval of the Lubbock Housing Authority's request to change the use of the $141,000 received in 1998, and $141,000 from 1999 from demolition to rehabilitation. RESOLUTION NO.2000-R0066 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves of the Lubbock Housing Authority's request to change the use of the $141,000 received in 1998, and $141,000 from 1999 from demolition to rehabilitation. Said request 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 24' day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Interim Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the request is filed with Resolution No. 2000-R0066. These funds were awarded to assist with the demolition of some of the Greenfair apartments. After clarification from HUD, it was determined that under CDBG regulations, any units demolished using CDBG funds were subject to the one -for -one replacement rule. Since the Housing Authority does not plan to replace all the units to be demolished, this revision of the use of CDBG funds became necessary. Community Development recommended approval of this request. 150 City Council Meeting February 24, 2000 Page 151 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 2000-R0066 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (47.) Resolution No. 2000-R0067 approving the Community Development Service Board's recommendation for Reallocation of $325,000 of Community Development Block Grant Funds. RESOLUTION NO.2000-R0067 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves the Community Development Service Board recommendation for Reallocation of $325,000 of community Development Block Grant Funds. Said recommendation 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 24' day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Interim Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of the recommendation is filed with Resolution No. 2000-R0067. On February 9, 2000 the Community Development Services Board considered the reallocation of $325,000 in Community Development Block Grant funds. They considered requests from the original allocation that were not funded or were underfunded. They also considered new requests as directed. The following are the recommendations they approved: City Parks and Recreation, Rodgers Swimming Pool Renovation $225,000 This project will assist in the Rodgers Swimming Pool renovation, which includes a zero depth pool, parking lot, and other ADA renovations to make the pool accessible. Lubbock Boys and Girls Clubs, Theodore Phea Parking Lot $ 35,000 151 City Council Meeting February 24, 2000 Page 152 This will assist with the construction of a parking lot for the facility. Currently there is no off street parking and the street gets congested making it difficult for the residents and school buses to navigate the street. Teen Publications, Building Acquisition $ 30,000 This was one of the applications that did not receive funding at the original application process. These funds will assist in the acquisition of a building to house the organization. Recently the group has had to move causing a disruption of services to the youths of the community. They offer anti -drug and gang programs, as well as job skills training to at -risk youths. Lubbock Habitat, Infrastructure $ 25,000 This is an existing project that had requested $100,000 in their original application. They received $50,000. The Board felt an additional $25,0000 would allow them to continue the project. Community Development, Administration Training and Travel $ 10,000 Due to the new Lead Based Paint Rule, the Department will have to spend over $16,000 that was unanticipated in training and travel. The regulation goes into effect prior to the next budget year, so training is necessary prior to that point. Community Development recommended approval of these funding recommendations. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 2000-R0067 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Patterson recused himself. CIVIC SERVICES (48.) Resolution No. 2000-R0068 authorizing the Mayor to execute an amendment to the management agreement between the City of Lubbock and Fore Star Golf, LLC. RESOLUTION NO.2000-R0068 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 on behalf of the City of Lubbock an Amendment to the Management Agreement of October 13, 1994, and any associated documents, by and between the City of Lubbock and Fore Star Golf of Lubbock, LLC, which Amendment is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. 152 City Council Meeting February 24, 2000 Page 153 Passed by the City Council this 24' day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director for Civic Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of the Amendment is filed with Resolution No. 2000-R0068. Fore Star Golf (FSG) has developed several golf properties and is a known commodity in the management golfing industry. Due to their success, they are sought out to consult on golf properties that require development and revitalization. To this end, they have been in discussions with Wilshire Credit Corp. to manage the Lakeridge Country Club and FSG may enter into a contract to manage the property in the future. Should FSG enter into a contract to manage the golfing operations at Lakeridge Country Club, it will more than likely be on a temporary basis. At this time, however, existing language in the contract between the City of Lubbock and FSG prohibits them from managing another golf property operation within Lubbock County. This clause was included in the original contract in order to focus FSG's efforts solely on Meadowbrook. FSG manages over eight properties nationwide and has different management teams at each location so each property receives the attention and focus they all deserve. With this in mind, acquiring additional properties in Lubbock will only strengthen FSG's commitment to Lubbock. Also, because Lakeridge Country Club and Meadowbrook do not compete for the same patron, this is not considered a conflict of interest as it relates to the Meadowbrook operation. Lakeridge Country Club caters more toward the residents at Lakeridge as opposed to the general public, while Meadowbrook caters to all residents of this community and the region. This amendment simply allows FSG to enter into negotiations with a golf course operation; it does not ratify the provisions in any future contract. FSG would have to present any contract FSG is contemplating in Lubbock County to the City Council for approval at a future Council meeting. 153 City Council Meeting February 24, 2000 Page 154 Staff recommended amendment to the resolution document. that the Mayor be authorized to execute the FSG management contract as provided in the Tommy Gonzalez, Managing Director of Civic Services, presented staff comments. Motion was made by Councilmember McDougal, seconded by Councilmember Cooke to pass Resolution No. 2000-R0068 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (49.) Resolution No. 2000-R0069 authorizing the Mayor to execute an agreement between the Lubbock Regional Arts Center Corporation and the City of Lubbock for the purposes of developing the Fire Administration facility as a cultural and arts center. RESOLUTION NO. 2000-R0069 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 Lubbock Regional Arts Center Corporation, for the purposes of developing the Fire Administration facility as a cultural and arts center, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 24' day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Center APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM A copy of the Agreement is filed with Resolution No. 2000-R0069. In the September 1999 bond election, the Lubbock Regional Arts Center (LRAC) project was narrowly defeated. In spite of the results from the public vote, the LRAC Board was not deterred and is still interested in making this project a reality by renovating the Fire Administration building. However, because the bond election failed, any renovations planned for the Fire Administration facility will come at the sole expense of the LRAC. 154 City Council Meeting February 24, 2000 Page 155 The agreement between the City of Lubbock and the LRAC includes the LRAC expending a minimum of $1,000,000 to renovate and construct the improvements to the Fire Administration building. These improvements will be financed by the LRAC and will not require the City to expend any funds. Parking will be sought by the LRAC with adjacent property owners and the agreement includes shared use of parking of city owned facilities, not utilized by City employees. In the event that the LRAC fails to initiate construction of the improvements before December 31, 2002, the City shall terminate this agreement. Prior to the initiation of any construction related to the intended renovations, the LRAC will conduct an environmental study of the leased premises and will take corrective action indicated by the study, including the removal of asbestos materials if required. If the cost proves exorbitant, the LRAC may abandon the premises. The manager will prepare a detailed construction budget for the renovation of the LRAC and will present a detailed budget to the City prior to construction of facility. After renovation of the Fire Administration building, the facility will have an auditorium containing not less than 150 seats, with a proscenium stage, backstage dressing rooms and support rooms, a 600 square foot visual arts gallery, a second multi -purpose visual arts and working gallery classroom, and a lobby gallery and support offices. The term of this lease will begin on September 1, 2000, after the City has removed its personnel and furnishings from the site. The initial term is for 20 years with an option to renew for 10 additional years. The annual rental on property will be $10. The LRAC will have the full responsibility to supervise, operate and manage the day-to-day operations of the LRAC. This includes the right to make application for and obtain a license to allow for sales and consumption of alcoholic beverages on the premises. The LRAC manager will be responsible for the payment of any and all taxes associated with the sale of alcoholic beverages. The LRAC manager will determine the fee schedule for all services and rates charged by the LRAC that will be consistent with fees and rates prevailing in the community. The contract between the City of Lubbock and the LRAC benefits the community because it will renovate a city facility without using taxpayer dollars while providing for the enjoyment of the performing and visual arts, and will locate a cultural facility in close proximity to the Civic Center complex. This agreement will cause the LRAC to provide a venue for the performing art groups that require a smaller facility and will not cost taxpayers public funds to make this a reality. To this end, staff recommended Council authorize the Mayor to execute the agreement between the City of Lubbock and the LRAC to renovate the Fire Administration building. Tommy Gonzalez, Managing Director of Civic Services, presented staff comments, noting that the Board of Directors of the Lubbock Regional Arts Center Corporation was in attendance in support of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass Resolution No. 2000-R0069 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 155 City Council Meeting February 24, 2000 Page 156 MISCELLANEOUS (50.) Resolution No. 2000-R0063 nominating Llano Logistics, Inc. for Enterprise Zone Project Designation. RESOLUTION NO.2000-R0063 WHEREAS, the Texas Department of Economic Development ("Department") designated the Lubbock South Enterprise Zone (the "Zone") on June 7, 1993; WHEREAS, Department will consider Llano Logistics, Inc. as an enterprise project pursuant to a nomination and an application made by the City of Lubbock, Texas (the "City"); and WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the Zone and to provide employment to residents of the Zone and to other economically disadvantaged individuals; and WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas Government Code (the "Act"), Llano Logistics, Inc. has applied to the City for designation as an enterprise zone project; and WHEREAS, the City finds that Llano Logistics, Inc. meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: 1. Llano Logistics, Inc. is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business in the Zone and at least twenty-five percent (25.0%) of the business' new employees will be residents of a Zone within the City's jurisdiction or economically disadvantaged individuals; 2. Llano Logistics, Inc. is located in the Zone, or has made substantial commitment to locate in the Zone, which has an unemployment rate of not less than one and one-half (1 '/a) times the state unemployment rate; 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the Zone; and 4. The designation of Llano Logistics, Inc., as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the Zone. WHEREAS, the City finds that Llano Logistics, Inc. meets the criteria for tax relief on other incentives adopted by the City and nominates Llano Logistics, Inc., on the grounds that it will be located wholly within the Zone, will create a higher level of employment, economic activity and stability; and WHEREAS, the City finds that it is in the best interests of the City to nominate Llano Logistics, Inc. as an enterprise project pursuant to the Act; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the findings of the City set forth above and its actions nominating said business and approving this resolution are hereby approved and adopted. 156 City Council Meeting February 24, 2000 Page 157 BE IT FURTHER RESOLVED that Llano Logistics, Inc., is a "qualified business", as defined in Section 2303.402 of the Act, and meets the criteria for designation as an enterprise project, as set forth in Section 2303, Subchapter F of the Act. BE IT FURTHER RESOLVED that the enterprise project shall take effect on the date of designation of the enterprise project by Commerce and terminate five (5) years after that date of designation. Passed by the City Council this 24`' day of February, 2000. /s/ MAX L. INCE MAX L. INCE ATTEST: MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin G. Walker Kevin G. Walker, Business Liaison Officer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Llano Logistics, Inc. has requested that the City of Lubbock City Council apply to the Texas Department of Economic Development for designation of their business as an Enterprise Zone Project. In order for Llano Logistics to be designated a State Enterprise Zone project, the City Council must pass a resolution supporting the application submitted to the Texas Department of Economic Development by the City of Lubbock. This designation allows the company to access state enterprise zone incentives. The project application must be submitted by the governing body of the enterprise zone on behalf of the qualified business. The City of Lubbock can submit three applications for designation per biennium. On November 10, 1999 Market Lubbock, Inc. approved the nomination of Llano Logistics for consideration as a designated state Enterprise Zone project. United Supermarkets, Inc. has contracted with Llano Logistics, Inc., a member company of the Tibbett & Britten Group, to set up and operate the new distribution center. Tibbett & Britten Group is an international logistics specialist providing dedicated distribution operations to many leading retailers in the United States, Canada, and Europe. Llano Logistics is expected to employ 240 individuals in the distribution center with an annual payroll of more than $6 million. Llano Logistics, Inc. will be operating the 491,838 square foot United Distribution center located at 5801 Martin Luther King Blvd. in the 157 City Council Meeting February 24, 2000 Page 158 city's South Enterprise Zone. This project is a new distribution center supplying food products to United Supermarkets' grocery locations throughout West Texas. The facility will contain both dry and refrigerated warehouse space, offices, and a remote salvage building for the handling of damaged or returned products. Llano Logistics, Inc. will expend approximately $8 million on new machinery and equipment to operate the facility. The City can only nominate Llano Logistics, Inc. for project designation. Once the application has been filed, the Texas Department of Economic Development will make a decision whether to grant the project designation. These designations are made on a competitive basis. Staff concurs with Market Lubbock, Inc. recommendation for approval of the resolution nominating Llano Logistics, Inc. for Enterprise Zone Project designation. This project will aid in obtaining the objective of the City which is to create the proper economic and social environment to induce investment of private resources in productive business enterprises located in severely distressed areas of the City, such as the South Enterprise Zone, and provide employment to the residents of such areas. David Sharp of Market Lubbock, Inc. presented comments. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass Resolution No. 2000-R0063 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 40. (51.) Resolution No. 2000-R0070 that will make the City of Lubbock an official member of the Transportation Excellence for the 21" Century Coalition supporting additional statewide funding for transportation. RESOLUTION NO.2000-R0070 WHEREAS, the outstanding leadership in Texas has created a business climate which has produced a diversified economy resulting in record growth throughout the state; and WHEREAS, Texas is the fastest growing state in the country growing at almost twice the national average, presently has a population in excess of 19 million, and is predicted to reach 33 million by the year 2025; and WHEREAS, the implementation of NAFTA has greatly increased the amount of goods transported on our highways and crossing the border with Mexico; and WHEREAS, the economic vitality and quality of life for all regions of Texas are interconnected by a multimodal network of transportation infrastructure; and that the above growth, with the NAFTA traffic, has created a transportation challenge in Texas which imperils mobility, threatens economic development and the quality of life throughout the state; and WHEREAS, the safety, quality of life and economic opportunity of all Texans is adversely affected by an inadequate investment in the state's transportation network which limits access to employment, increases the cost of living and doing business, and 158 City Council Meeting February 24, 2000 Page 159 WHEREAS, the Texas Department of Transportation does well with the resources it is provided, but is underfunded and is only able to address approximately 40 % of necessary transportation improvements statewide, and Texas deserves to rank better than 45' among the states in transportation spending per capita; and WHEREAS, efforts undertaken by the Texas Transportation Commission, the Texas Transportation Funding Coalition, the Texas Border Infrastructure Coalition, and other coalitions during the 76' Legislative Session deserve to be applauded for significantly raising the awareness of transportation funding shortfalls; and WHEREAS, the 77' session of the Texas Legislature must establish adequate funding of our state's transportation system as a top priority if Texas is to be able to provide the resources necessary to meet the challenges and opportunities to plan for our present and future growth in an appropriate fashion; and WHEREAS, Transportation Excellence for the 2P Century (TEX-21) is a coalition of public and private sector officials from all regions of the state whose efforts will create a comprehensive strategy to address multimodal transportation funding and air quality solutions to improve mobility, public safety, economic vitality and quality of life; and WHEREAS, on December 12-13, 1999, during a regularly scheduled TEX-21 statewide conference, representatives from every region of Texas including the Upper and Lower Rio Grande Valley, Central Texas, East Texas, the Permian Basin, West Texas, Southeast Texas, North Texas, and the High Plains have united to pursue a common objective; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT on December 13, 1999, in Laredo, Texas, members of the TEX-21 Coalition, of which Lubbock is a member, hereby pledge their support and unification for the development of a comprehensive transportation funding solution as a top priority for the 77' Texas Legislature; and THAT said members, commit to coordinated statewide effort that employ s THAT an official copy of this resolution be prepared and presented to the legislative and state leadership that represents said members; and THAT said members agree that regular meetings are a part of defining the solution and implementing action plans, and therefore agree to meet in cities throughout the state; and members also agree to meet during the 3' Annual Texas Transportation Summit, June 21-23, 2000, in Irving to announce the findings of TEX-21. 159 City Council Meeting February 24, 2000 Page 160 Passed by the City Council this 24' day of February, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director Civic Services APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney /s/ MAX L. INCE MAX L. INCE MAYOR PRO TEM The increasingly mobile nature of our economy requires focused attention on our statewide transportation funding policies. In communities across the state, transportation has become a significant economic development and quality of life issue. With the state able to fund about 40 % of the needed transportation projects statewide, cities are increasingly having to shoulder more of the transportation burden. With this in mind, the City of Irving, along with other Texas Cities, created the Transportation Excellence for the 21" Century Coalition. The Coalition consists of a growing group of legislators, business people, regional and local elected officials who are working collaboratively at the highest level to find comprehensive solutions to the transportation challenges faced across the state of Texas. Randy Neugebauer, Ports -to -Plains Chairman and the Metropolitan Planning Organization Chairman, co-chairs Tex 21 along with Bob Cass, City Manager for Lubbock. Tommy Gonzalez has also been assigned to one of the NAFTA and Trade Corridor Committees, so Lubbock is well represented in this coalition. Statewide Tex-21 meetings have been held in recent months in Irving, Laredo, and San Antonio. The purpose of these meetings has been to study criteria that include the needs of the entire state. The goal is to identify why additional transportation funding is needed and how that money should be expended. By partnering with these cities and agreeing to support a resolution for additional funding at the state level for transportation, Lubbock is positioning itself to secure some of these funds for projects that may impact the Panhandle, West Texas, and other parts of South Texas along the Ports -to -Plains Corridor Route. The U.S. Congress recognized the need for increased investment in the nation's surface transportation infrastructure when it enacted the Transportation Equity Act for the 21" Century in 1998. This coalition supports the increase of annual appropriations from the Texas Department of Transportation in order to match the funding levels the federal government is providing to state transportation departments. The 160 City Council Meeting February 24, 2000 Page 161 coalitions believe that with a strong economy and healthy state revenues there is an opportunity now for Texas to improve its level of investment in mobility. The implementation of NAFTA has greatly increased the amount of goods transported on our highways from Mexico. Because NAFTA has created a transportation challenge in Texas, which affects mobility, staff must take advantage of increased funding from the federal government and match these funds with state money. Additional funding at the state level is vital to support all transportation projects in the state of Texas. To this end, staff recommended that the Council authorize the Mayor to execute the resolution supporting the TEX-21 state funding initiative. Tommy Gonzalez, Managing Director of Civic Services, presented staff comments. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 2000-R0070 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. BOARD APPOINTMENTS (52.) Consider one appointment to the Appointments Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Judy Ribble to the Appointments Advisory Board. Motion carried: 6 Yeas, 0 Nays. (53.) Consider three appointments to the Community Development and Services Board. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Judy Blakey, Carey Don Childers, and Frank Gutierrez to the Community Development and Services Board. Motion carried: 6 Yeas, 0 Nays. (54.) Consider rive appointments to the Community Relations Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Sharon Bass, Cynthia Finley, Paula Finney, Velma Medina, and Carmyn Morrow to the Community Relations Commission. Motion carried: 6 Yeas, 0 Nays. (55.) Consider one appointment to the Youth Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Darnisha Molett to the Youth Commission. Motion carried: 6 Yeas, 0 Nays. 11:47 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 12:43 P.M. COUNCIL RECONVENED 161 City Council Meeting February 24, 2000 Page 162 12:43 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Cooke made a motion to adjourn; Councilmember McDougal seconded the motion. Motion carried: 4 Yeas, 0 Nays. Motion carried with the majority of remaining Council present at adjournment: Councilmembers Cooke, Hernandez, Ince, and McDougal. — &: i ��- /� MAX INC , MAYOR PRO TEM ATTEST: &bk uA kaytt Darnell, City Secretary Read and approved this �� � LL day of % l& 4 C L , 2000. MAX INCE, MAYOR PRO TEM ATTEST: 2 Lup� Kayth' Darnell, City Secretary 162