Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 4/27/2000CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING April 27, 2000 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 27`h day of April, 2000, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:37 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember David Nelson CITIZEN COMMENTS No citizens appeared to express comments to the Council. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager, City Secretary); deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Engineering, Finance, Lubbock Power and Light, Police Department); and personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions). 7:39 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager, 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 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 (Engineering, Finance, Lubbock Power and Light, Police Department). ( 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 Citizens Traffic Commission Community Development and Services Board Culture and Arts Commission Keep Lubbock Beautiful Advisory Committee Public Transit Advisory Board City Council Meeting April 27, 2000 Page 262 9:39 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. ( 5.) Update on Project Impact by Jim Bertram, Director of Strategic Planning. The City of Lubbock recently joined a growing number of cities throughout the United States to develop and implement "Project Impact." This joint effort between the Federal Emergency Management Association (FEMA), State Emergency Management Division (DEM) and local communities is to build disaster resistant communities by increasing the likelihood that communities and businesses will survive and recover from disasters. The development of Project Impact will progress through several stages as follows: 1. Select Advisory Team. A 24 member Project Impact Advisory Team has been appointed to direct the preparation of plans for Project Impact (attached). In addition to certain members of this team receiving training by FEMA, this team has also been primarily involved in developing a draft strategic plan for Project Impact. 2. Project Impact Training. The contract has been executed between the City of Lubbock and FEMA to provide training for ten members of the Advisory Team on the background and process of implementing Project Impact. Ten team members recently went through training at the Emergency Management Institute in Emmitsburg, Maryland and at Mt. Weather, Virginia. 3. Develop Strategic Plan. During the last two months, the Advisory Team members have been involved in developing a draft strategic plan for implementing Project Impact. The rough draft of this plan was completed this week and will be used as the basis for a public meeting on May 11, 2000. 4. Conduct Community Meeting. On May 11, 2000, at 7:00 p.m. a Public Meeting will be held at the Memorial Civic Center to introduce Project Impact to the community as a whole and to get input for completion and development of a strategic plan to carry out Project Impact in the community. In the draft document prepared thus far, seven strategic issues, goals, and numerous strategies will be presented to the public for open discussion. Following the public meeting on May 11, public comments will be incorporated in the Project Impact Strategic Plan and it will be finalized and submitted to FEMA as a basis for an agreement, with a proposed signing ceremony to be set within 30-45 days of May 11. The planning process set forth in Project Impact is a great opportunity to raise the level of public awareness in both the individual and governmental responsibilities in making our community more "disaster resistant." At a minimum, the issue of planning and funding the proper advance alert system for natural or man-made disasters should be thoroughly discussed. 262 City Council Meeting April 27, 2000 Page 263 In addition to updating the City Council on Project Impact, another primary purpose of this work session item was to begin letting the public know about the May 11, 2000 Project Impact Public Hearing in the Memorial Civic Center. 10:03 A. M. WORK SESSION RECESSED 10:37 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, 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: None Mayor Sitton called the meeting to order at 10:37 A. M. ( 6.) Father Rudolf Crasta of Our Lady of Grace Catholic Church gave the invocation. ( 7.) Pledge of Allegiance was given in unison by those in the City Council Chambers. CITIZEN APPEARANCES ( 8.) Presentation of a proclamation for "Lady Raider Day" to the Texas Tech University Lady Raider Basketball Team in honor of their outstanding season. Because of the Texas Tech University Lady Raider Basketball team's outstanding 1999-2000 athletic season, a proclamation was delivered proclaiming April 27 as "Lady Raider Day." This Lady Raider team was not expected to excel during this season's Big 12 Conference competition. Despite the predictions, the Lady Raiders won their third consecutive Big XII Conference regular season title. The Lady Raider's season record was 28 wins with only 5 losses, and they reached both the Sweet 16 and the Elite Eight in post season tournament play. In addition, Lady Raider fan attendance for this season's schedule was the second highest in the nation, averaging 12,741 fans per game. The Lady Raider coaching staff was present to accept the recognition: Marsha Sharp, Linden Weese, Roger Reding, Lance White, and Melissa Maines. A banner proclaiming Lady Raider Day was presented in addition to the proclamation during the City Council meeting. ( 9•) Presentation of a proclamation to the Lubbock County Bar Association recognizing May 1-5, 2000 as Law Week. Each year the Lubbock County Bar Association sponsors activities and efforts that help educate and create an awareness of the laws and the judicial system in the United States. In addition to the United States Constitution and the Bill of Rights, the overall judicial process helps protect our rights as individuals in a free society. Beyond public awareness events, during Law Week attorneys volunteer time to visit schools and discuss the judicial system and the law with area students. 263 City Council Meeting April 27, 2000 Page 264 This is the 43" annual national observance of Law Week. Judge Quinn and Fernando Bustos were present and accepted this proclamation on behalf of the Lubbock County Bar Association. This proclamation recognizes the contributions of the Lubbock County Bar Association in helping educate and create an awareness of the laws and the judicial system in the United States. (10.) Presentation of a special recognition to YWCA recognizing April 27, 2000 as the National Day of Commitment to Eliminate Racism. The YWCA of America recognizes that its collective power across our nation can be used to aid in the elimination of racism. The YWCA of Lubbock has dedicated itself to sponsoring programs and a dialogue across races, celebrating our differences and lessening discrimination. In conjunction with the national efforts, the YWCA Racial Justice Committee will sponsor a panel discussion, "Women's Voices: A Dialogue on Racism," at Mahon Library from 5:30 to 7 p.m. on April 27, 2000. Melisa Roberts, Immediate Past President of the YWCA, and Marlene Hernandez, Chair of the Racial Justice Committee, were present to accept this special recognition. This special recognition recognized the contributions of the Lubbock YWCA in initiating a program to end racism in Lubbock and the United States. (11.) View the Community Development video highlighting federally funded projects and present a proclamation for National Community Development Week and Fair Housing Month. The Community Development Block Grant (CDBG) program, working locally to address complex community problems, was signed into law on August 22, 1974, by President Gerald R. Ford. These federal funds, along with Emergency Shelter Grant and HOME Investment Partnership Program funds, are provided to the City annually for a variety of community development uses. Street and sidewalk improvements, start- up business loans, rehabilitation of housing for low-income families, job training, literacy and youth projects, homeless shelters and affordable housing are just some of these uses. This year, the City of Lubbock will join cities across the nation in celebrating the 26 h Anniversary of CDBG during National Community Development Week, April 24-28, 2000. The theme for this year's celebration is "People Strengthening Communities Strengthening People." This 26'h Anniversary will highlight the accomplishments that have occurred during the past year in Lubbock. The City also will declare April 1-30, 2000, as Fair Housing Month. The Fair Housing Act is a federal law that prohibits discrimination in certain real estate and bank transactions on the basis of race, creed, national origin, gender, familial status or religion. The festivities for the City's CD Week include the following: 264 City Council Meeting April 27, 2000 Page 265 Monday- Friday 8:00 a.m.-5:00 p.m. CD Week Display with CD Video April 24-29 1" Floor, City Hall Wednesday 11:30 a.m.-1:30 p.m. CD Week Awards Luncheon April 26 Civic Center Banquet Hall Thursday 10:30 a.m. City Council Proclamation April 27 City Council Chambers 1:00 P.M. Trolley Ride Leaves from City Hall to view successful projects in the targeted areas. (11A.) Presentation of incentive awards-- the March and April Legendary Service Star Awards The March Legendary Service Star Award for exemplary customer service was presented to Darrel Foster, service department foreman for LP&L. A local citizen complimented Darrel for his prompt and helpful service. After receiving no response from another company, the citizen called LP&L about a fallen tree blocking the alley. In 20 minutes the problem was taken care of. The lady was so impressed that she switched to LP&L and was signed up on the spot. The citizen is glad to be able to deal with LP&L one-on-one and feels that LP&L employees are doing a wonderful job. Darrel has been with the City of Lubbock and LP&L 22 years. The April Legendary Service Star Award went to three employees of the City of Lubbock Police Department. These individuals were named in an Avalanche -Journal "Letter to the Editor" as "angels living in Lubbock." A citizen was a victim of a purse -napping at a local grocery store. She commended Officer Michael Scott as "professional, comforting and helpful." Corporal Terry Sansing and Secretary Marsha Stevens in Property Crimes also provided helpful assistance. Cpl. Sansing has been on the force 17 years and Officer Scott one year. Gold stars, certificates and $50 dinner gifts were awarded to the Legendary Service Star Award recipients. TOP TEN LIST Councilmember David Nelson presented his "Top Ten List of Positive Things About Lubbock". No. 10 is Learn, Inc. LEARN Inc., is a nonprofit education organization established for the sole purpose of aiding financially deprived students with funds to continue post secondary education and or training. LEARN, Inc. provides such services as: Counseling students about vocational, academic and career opportunities, Obtaining information on educational programs chosen by the individual student, Assisting in the application process for admissions, ACT/SAT registration, housing and financial aid, and Referring students to other community agencies and resources. 265 City Council Meeting April 27, 2000 Page 266 In addition it is an educational support program designed to help at risk Th and 8t' grade students to succeed in school. It also it serves adults in Lubbock and the surrounding counties, by offering information, assistance, and counseling to adults on educational and career opportunities. The services for these programs are FREE. The offices are located at 2161 50' Street. No. 9 is United Neighborhood Association. Lubbock's United Neighborhood Association, affectionately known as LUNA, is our community's umbrella organization to assist and facilitate the 36 neighborhood associations within the City of Lubbock. This organization enables each neighborhood association to communicate with their residents through newsletter publication, coordinates the community gardening program in each neighborhood and facilitates the holding of events of interest, for example, concerts in the park and town hall meetings, in each of the neighborhoods. This valuable organization provides a large part of the glue that makes Lubbock one big neighborhood. No. 8 is Basketball - Past, present and future. Ever since their dominance of the Border Conference Basketball competition, the Texas Tech basketball team has had a reputation throughout the country as being a dominant force to be reckoned with. From their numerous conference titles in both the men's and women's programs in the Southwest Conference, to the Lady Raider basketball team's dominance of the new Big 12 Conference, Texas Tech's past basketball accomplishments have been legion. As evidenced by this year's Lady Raider basketball team's accomplishments as reflected in their 28 and 5 season, advancing to the Elite 8 in the NCAA post -season tournament and averaging 12,741 fans per game, Texas Tech's present-day basketball program is considered among the best in the country. With the outstanding recruiting efforts of both the women's and the men's teams, the opportunity to play in the 15,000 seat United Spirit Arena and the indomitable spirit of these programs, the future of Texas Tech basketball looks even brighter. No. 7 is Bar Association. Since 1902 Lubbock has benefited from an organization of practicing attorneys here in Lubbock. Now with over 600 attorneys comprising the membership of Lubbock County Bar Association, three of whom having been President of the State Bar of Texas Association, and with the Texas Tech School of Law providing a foundation for the Texas practitioner and an outstanding academic reputation, Lubbock is looked upon throughout the state as being at the forefront of the legal profession. As reflected earlier, we salute the Lubbock County Bar Association and join in the recognition of Law Day and Law Week during the first week of May. No. 6 is Oxymoronic. Certainly you have heard Lubbock described as an arid oasis and perhaps a city comprised of visionary conservatives. These seemingly incongruent terms aptly describe what we in Lubbock have known forever. Where else can you produce a $10 billion agricultural crop annually on 18 inches of rainfall a year, without the advanced technology of 21S` century irrigation techniques and the tried and true persistence of our farm community, but in Lubbock, Texas. Where else can you envision your city being a music mecca, a major entertainment venue for music and Broadway theatrical productions, building on the agrarian history of this region into the largest cotton - producing area in the United States, recruiting and creating new jobs, 1.: City Council Meeting April 27, 2000 Page 267 and taking Texas Technological College from its origin in 1923 to a tier 1 research university, but in Lubbock, Texas. No. 5 is Camp Echo. The Lubbock United Neighborhood Association is giving a vote of confidence to our young people this summer by creating a new youth project called Camp Echo. Echo is an acronym for Every Child Helps Out. The free camp will take place the last week of June at Clapp Park, and will cover topics such as recycling, graffiti removal, landscaping, clean-ups, and community gardens. Different neighborhoods will host the camp for the next three years. With additional support from the Junior League of Lubbock, this project has high hopes of reaching out to Lubbock's youth. No. 4 is Kind Services (In Kind Services). Each year your city works closely with non-profit and civic organizations to provide in -kind services for those organization's special events, such as the Depot District's Run for the Arts, the Fiesta del Llano's 16'h of September celebration and the Broadway Festival's 4t' on Broadway Independence Day Parade and activities. Without this in -kind services support for both existing events as well as new events, Lubbock would not be able to provide mostly free entertainment opportunities and fund-raising opportunities for these charitable and civic organizations. No. 3 is Youth Health Concerns. Yesterday over 300 students from six high schools in Lubbock held a town hall meeting to express their concerns about health issues in the City of Lubbock. Facilitated by the Lubbock Health Department, with assistance from the Texas Department of Health, those students shared concerns about health issues affecting them, such as tobacco use, violence and teen suicide, alcohol and substance abuse and physical inactivity. The dialogue between elected officials, experts in those fields of health issues and those students reflected a growing awareness on the part of our community as a whole of issues affecting the health and safety of our young people, a reassurance that Lubbock is blessed with bright, articulate and innovative young people who are concerned about their schools and their community, and that Lubbock is willing to consider and assist in ways to make the future of our city —the youth of Lubbock, Texas - healthier and more productive citizens. No. 2 is Expansion of local businesses. With the planned expansion by 115 new jobs of Cox Communications of West Texas, a total of 344 new jobs will be created by local businesses expanding their operations as a result of a prosperous economic environment in the City of Lubbock. The other three businesses announcing expansions are Westex Manufacturing - 92 jobs; TechTel Communications - 72 jobs; and Iwantacar.com - 65 jobs. Statistics have shown that well over two-thirds of a community's economic development and job growth is the result of already -established local businesses expanding in a successful business climate. Our economic development entities - Market Lubbock, Inc., the Lubbock Chamber of Commerce, the Hispanic Chamber of Commerce, the Black Chamber of Entrepreneurs and Reese Reuse Authority deserve credit for fostering an expansive business environment in Lubbock. No. 1 is Storms - TTU's 3 R's. This time of year West Texas is known to experience turbulent weather. High wind and hailstorms are not peculiar to Lubbock, Texas, however, the Wind Engineering Department at Texas Tech University and its auxiliary program at Reese Reuse Authority, is the leading authority in the United States, and perhaps the 267 City Council Meeting April 27, 2000 Page 268 world, in this area. Their extensive research into tornadic and hurricane force wind effects has produced construction materials that have proven to be resistant to the violent affects of tornadoes. The reputation of Texas Tech's Wind Engineering Center is unparalleled in both the academic and meteorological societies. When it comes to turbulent storms, Texas Tech University's 3 R's of Research, Resistant Structures and Reputation put Lubbock in the spotlight of the world. CONSENT AGENDA (Items 12-23) Victor Kilman, Purchasing Manager, stated that Item 22 on the agenda, Bid #00-046, Items 7 and 23 had tie bids. The tie bids were considered at this time. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve all items on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (12.) Approval of the minutes of the Regular City Council Meeting of April 6, 2000. (13.) Ordinance No. 2000-00021 abandoning and closing an underground utility easement in Lot 8, Block 3, Burlington Industrial Addition No. 2, an addition to the City of Lubbock (108 East 42nd Street) (first reading). ORDINANCE NO.2000-00021 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED IN THE BURLINGTON INDUSTRIAL ADDITION NO. 2 TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. A 15-foot underground utility easement is located along the west 15 feet of Lot 8, Block 3, Burlington Industrial Addition No. 2. This ordinance abandons and closes this easement on Lot 8 since it is being replatted along with Lot 7 and is no longer needed. The Right -of -Way Department recommended the first reading of this ordinance. (14.) Ordinance No. 2000-00022 amending Chapter 17 of the Code of Ordinances with regard to the operation and procedures of the Lubbock Municipal Court of Records (first reading). ORDINANCE NO. 2000-00022 AN ORDINANCE AMENDING SECTION 17-2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO OPERATION AND PROCEDURES OF THE LUBBOCK MUNICIPAL COURT OF RECORD; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The 76th Legislature completely revised the State's municipal court of records laws in 1999, which rendered certain references to state law in the City of Lubbock's City Code obsolete with regard to the Municipal City Council Meeting April 27, 2000 Page 269 Court. This amendment will conform those references to the current law. In the interest of avoiding this happening again in the future, the references were broadened from specific sections to chapters and codes. These changes will have no substantive effect on the Municipal Court and will not change its operations or procedures, but will merely correct statutory authorization references contained in the Code of Ordinances. The City Attorney's Office and the Municipal Judge recommended approval of this ordinance. (15.) Resolution No. 2000-RO112 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an Economic Development Initiative —Special Projects application and all related documents between the City the ubbock and the Housing and American Wind Power Center Urban Development Department for RESOLUTION NO.2000-RO112 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE anod is her eby k, authorized and Economic directed to execute for and on behalf of application, by and between the City of Development Initiative -Special Projects app and the Housing and Urban Development Department fora tachedehereto and rican Wind Lubbock a application Power Center, and all related documents. Said p incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 27 h day of April, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Ka thie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Han C Nancy Haney, ommunty Development Manager APPROVED AS TO FORM. /s/ Am Sims Amy Sims, Assistant City Attorney - application is filed witloment h Resolution No. 2000-R0112. has given A copy of the p (HUD) t of Housing and Urban Deve The Department r a $350,000 allocation to the American Development preliminary approval for Community The City of Lubbock's rant. The power Center. purposes of this g Department will serve as the Gub granteethe p P Wind Power Center will be 269 City Council Meeting April 27, 2000 Page 270 Congress allocated these funds for the Wind Power Center. This application is a follow up to this allocation in order to draw down the funds. These funds will be used for the operation of the facility, and to assist with the construction of the interpretative center. The use of the funds is designed to be flexible in order to allow the project to move forward. Community Development recommended the approval of this application. (16.) Resolution No. 2000-RO113 authorizing the Mayor to execute an amendment to an interlocal agreement with the Lubbock Emergency Communications District. RESOLUTION NO. 2000-R0113 WHEREAS, the City of Lubbock did enter into an Interlocal Agreement with Lubbock Emergency Communication District ("LECD") on April 6, 2000 for the provision of enhanced 9-1-1 emergency service to the citizens of Lubbock; and WHEREAS, City and LECD are desirous of amending the said Agreement to provide for the establishment of an additional Public Safety Answering Point (PSAP and the installation of related equipment; and ) WHEREAS, the LECD Board of Managers and the City, pursuant to provisions of the Interlocal Cooperation Act, Texas Government Code Chapter the p et.Seq., as amended, have determined that it would be in the best interests oLECD and City and of the citizens and inhabitants of Lubbock County, Texas f the LECD the establishment of an additional Public Safety AnsweringPoint to provide for t PSAP) and the installation of related equipment; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby directed to execute on behalf of the City of Lubbock th Agreement which shall be spread upon the minutes o is authorized and the minutes of this Council shall upon e Amendment s Interlocalupon f the Council and ti spread upon copied herein in detail. to and be a part of this Resolution as if fully Passed by City Council this 27t' day of April, 2000. ATTEST: /s/ Ka thie Darnell Kaythie Darnell, city Secretary APPROVED AS TO CONTENT: /s/ Steve Haile Steve Hailey, Fire Chief APPROVED AS TO FORM: /s/ John M. Kni ht John M. Knight, Assistant City Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR 270 City Council Meeting April 27, 2000 Page 271 A copy of the Agreement is filed with Resolution No. 2000-RO113. On April 6, 2000, an interlocal agreement with the LECD was approved to provide for Public Safety Answering Points (PSAP) and the installation of related equipment. This amendment will provide for an additional PSAP, to be located in the new Fire Department Administration Complex when it is completed this year. Staff recommended approval of this amendment to the interlocal agreement. (17.) Resolution No. 2000-RO114 establishing a salary for the upcoming term of office of the Judge of Division One of the Lubbock Municipal Court of Record. RESOLUTION NO.2000-RO114 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to establish a salary for the upcoming term of office of the Judge of Division One of the Lubbock Municipal Court of Record; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the annual salary for the Judge of the Municipal Court of Record for the 2000-2004 term of office shall be as follows: JUDGE, DIVISION 1: $84,000.00 SALARY Passed by City Council this 27'' day of April, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /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 This particular item will set the salary of the Municipal Court Judge. — The compensation may not be changed after a candidate begins his term, so it is necessary to enact this resolution prior to the May 6 election. Staff recommended approval. (18.) Resolution No. 2000-RO115 authorizing the Mayor to execute an amendment to the February 24, 2000 industrial tax abatement agreement with X-FAB Texas to include tangible personal property. 271 City Council Meeting April 27, 2000 Page 272 RESOLUTION NO.2000-RO115 WHEREAS, the City of Lubbock and X-FAB Texas heretofore on February 24, 2000, entered into a tax abatement agreement; and WHEREAS, the parties to said tax abatement agreement desire to amend said agreement in accordance with Sections 312.204 and 312.208 of the Tax Code to include tangible personal property; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to a Tax Abatement 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 City Council this 27' day of April, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Amended Agreement is filed with Resolution No. 2000-RO115. The City Council approved a ten-year declining scale tax abatement for the renovation of the X-FAB facility on February 24, 2000. Since that time, the City of Lubbock has received an application for industrial tax abatement for machinery and equipment from X-FAB Texas, Inc. to expand their production capacity at 2301 North University Avenue, in the North Enterprise Zone. X-FAB has been approached with additional business opportunities and in order to take advantage of them they will have to expand their production capacity. X-FAB is planning a two-phase expansion that will take place over the next 12 to 36 months. The first phase of the expansion will begin in February 2000 and be completed by December 2000. X-FAB will expand their monthly capacity from 10,000 wafers to 20,000 wafers in this phase to meet the long-range demand for a specific customer. The investment will be 272 City Council Meeting April 27, 2000 Page 273 approximately $4.6-$12 million in new equipment. X-FAB will create 85 new jobs with an estimated annual payroll of $2.25 million. The project meets the Industrial Tax Abatement Policy and Guidelines minimum of $2,000,000 of personal property assessed valuation or 25 new permanent jobs. Market Lubbock considered this application at its March 8, 2000 Board Meeting and has recommended a 5 year, declining scale tax abatement for the machinery and equipment for X-FAB. The abatement amount for the City of Lubbock based on the maximum investment of $12 million would be approximately: Year 1 100 % $69, 600 Year 2 80% $55,680 Year 3 60 % $41,760 Year 4 40 % $27, 840 Year 5 20 % $13 , 920 The total city abatement over the life of the contract for the machinery and equipment at the maximum investment would be $208,800. The total county abatement for the machinery and equipment over the life of the contract would be $107,309. Rather than preparing and executing a totally different contract, staff is recommending that the existing contract be amended, executed on February 24, 2000 by the City Council, to add the tangible personal property. The base year will be the same and it would be less confusing to have one contract rather than two. The project will add $4.6 million to $12 million in new value to the tax base in the North Enterprise Zone and will create 85 new jobs. 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 machinery and equipment for a term of five years with a declining schedule. The City Council approved the Notice of Intent at the April 6, 2000 City Council meeting. (19.) Resolution No. 2000-RO116 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. RESOLUTION NO. 2000-RO116 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby approves the recommendations of the Parks and Recreation Board with regard to FY 1999-2000 use of in -kind services by City of Lubbock departments as set forth in Exhibit "A" hereto, which said Exhibit "A" is attached hereto and made a part hereof as if fully copied herein in detail. 273 City Council Meeting April 27, 2000 Page 274 Passed by City Council this 27" day of April, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager, Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2000-R0116. At the January 9, 1997, City Council meeting the City Council approved Ordinance #9965, which amended Chapter 2 of the Code of Ordinances of the City of Lubbock. In doing so, the duties of the Parks and Recreation Board were expanded to include review of requests for in - kind services for special/community events. The special events policy was developed in order to track special event support and monitor the increase of requests received from non-profit organizations for special events in the City of Lubbock. The policy allocates up to $200,000 annually for in -kind services. Of that amount 90 % is earmarked for existing events, while the remaining 10% is targeted for new events. Each year, City staff conducts at least two training sessions for local non-profit and civic organizations to familiarize them with the special events policy and the grant process. Applications for in -kind services are due at least forty-five days prior to the event. Once received, the applications are reviewed by the appropriate departmental staff to ensure that the request is appropriate. For example, the Police Department reviews requests for security and traffic control to ensure that the appropriate number of officers is requested. If needed, adjustments are made to the requests and the applicants are notified. The Parks and Recreation Board then rates the grant applications for in - kind City services based on the applicant's response to nine subjective questions for each event. Each subjective question is worth up to 5 points from the individual Parks and Recreation Board members. The individually graded applications are then returned to staff in order to determine the aggregate score. There are a total of 405 possible points on the subjective section and an additional 250 possible points on the objective section of the application with a possible 655 points for each event. The objective section deals with the percent of budget that is publicly funded, the applicant's non-profit status, etc. At the March 23, 2000 City Council meeting, the City Council approved the requests of seven Special Event Applications which totaled $68,283 of in -kind services. All seven of these applications were for existing 274 City Council Meeting April 27, 2000 Page 275 events and therefore the funding came from the $180,000 allotted for existing Special Events. On March 28, 2000, the Parks and Recreation Board approved the aggregate scoring of an application for a new Special Event. This application was accepted due to our policy of allowing application forty- five days prior to an event. Since this is a new event, the funding will come from the $20,000 allotted for new Special Events. The Parks and Recreation Board recommended the following Special Event Application for in -kind services: Event In -Kind Percent In -Kind Requested Awarded Proposed Depot District Run $449 80 % $359 for the Arts To date, there is a total of $68,732 of in -kind services requested with a total of $66,215 to be considered for approval, which will be absorbed within the existing departmental budgets. The event organizers will be responsible for making up the difference. There is a balance of $114,144 of in -kind services that can be allocated for existing special events. Of the $20,000 reserved for new special events, the new balance is $19,641. Staff recommended approving the seven recipients for the in -kind services to be provided through the Special Events Policy adopted by City Council. (20.) Resolution No. 2000-RO117 authorizing the Mayor to execute an amendment to a contract between Texas Municipal League Intergovernmental Risk Pool (TML-IRP) and the City of Lubbock to provide Workers' Compensation Benefits. RESOLUTION NO.2000-RO117 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 an on behalf of the City of Lubbock, by and between the City of Lubbock and the Texas Municipal League Intergovernmental Risk Pool, an Addendum #2 to the Worker's Compensation Interlocal Agreement, and related documents. Said addendum 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. 275 City Council Meeting April 27, 2000 Page 276 Passed by City Council this 27' day of April, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Scott Snider for Mary Andrews Mary Andrews Director of Human Resources APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of Addendum #2 is filed with Resolution No. 2000-RO117. TML-IRP offers statutory workers' compensation benefits under a joint self-insurance pool named the Texas Municipal League Workers' Compensation Joint Insurance Fund. The City contracted with TML-IRP for a period beginning April 15, 1999 and ending April 15, 2000 with the option to renew from April 15, 2000 through September 30, 2000 at the same prorated cost as the first year. TML has informed the City that they cannot continue the coverage at a pro -rated premium as originally agreed, however, TML-IRP will continue the workers' compensation benefits at an increase in costs. In an effort to reflect the cost of coverage, TML will provide workers' compensation benefits from April 15, 2000 through September 30, 2000 on a sliding scale with a minimum cost of $158,305 and a maximum cost of $555,094, subject to payroll audit. Staff recommended signing Addendum #2 to the Workers' Compensation interlocal agreement with TML-IRP to provide workers' compensation benefits through September 30, 2000. (21.) Bid #00-037 - Outdoor Security Lighting Maintenance - Annual Pricing (Park Maintenance). Security lighting enhances the quality of life for the citizens of Lubbock by providing a safe environment in the parks. Due to the age and condition of some of the security lighting throughout the park systems, replacement of fixtures and light poles is needed. This bid establishes annual pricing for the replacement of 100 light fixtures, 100 mounting brackets and 12 poles including mounting materials (concrete base). The low bid is $26,733.50 from Southwestern Electric Supply Company of Lubbock, Texas and is within the Park Security Lighting Capital - Outlay budget amount. (22.) Resolution No. 2000-RO118 and Resolution No. 2000-R0119/Bid #00- 046 - Traffic Signal Cabinets & Controllers (Traffic Engineering). 276 City Council Meeting April 27, 2000 Page 277 RESOLUTION NO.2000-RO118 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a purchase order for traffic signal cabinets and controllers per Bid #00-046, by and between the City of Lubbock and Traffic Engineering & Controls, Inc., and related documents. Said purchase order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 27' day of April, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /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 Purchase Order is filed with Resolution No. 2000-R0118. RESOLUTION NO. 2000-RO119 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a purchase order for traffic signal cabinets and controllers per Bid #00-046, by and between the City of Lubbock and Control Technologies, and related documents. Said purchase order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 277 City Council Meeting April 27, 2000 Page 278 Passed by City Council this 27' day of April, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /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 Purchase Order is filed with Resolution No. 2000-R0119. This bid involves the purchase of new Traffic Signal Cabinets and Controllers and associated spare parts to replace outdated equipment. This equipment is part of the new traffic signal computer system. The equipment will be received in three shipments over a period of 1-1/2 years. The low bids are as follows: Control Technologies, Inc. of Sanford, Florida $712,614.00 Traffic Engineering & Controls, Inc. of Centerville, Texas$127,691.50 Consolidated Traffic Controls, Inc. of Arlington, Texas $ 12,480.00 U.S. Traffic Corporation of Santa Fe Springs, California $ 2,818.28 Tie Bids (Items 7 and 23) $ 3,350.00 In considering the tie bids, Mayor Sitton drew Control Technologies, Inc. of Sanford, Florida. The low bids total $858,953.78 and are within the Traffic Signal Cabinets and Controllers budget amount. (23.) Resolution No. 2000-R0120/Bid #00-050 - Paint Water Storage Tanks and Elevated Tank Renovations (Water Utilities Engineering). RESOLUTION NO.2000-RO120 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 paint water storage tanks and elevated tank renovations, by and between the City of Lubbock and Luckinbill, Inc. of Enid, Oklahoma, 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. 278 City Council Meeting April 27, 2000 Page 279 Passed by City Council this 27' day of April, 2000. ATTEST: /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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ WINDY SITTON WINDY SITTON, MAYOR THIS AGREEMENT, made and entered into this 27th day of April, 2000, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Luckinbill, Inc., of the City of Enid, County of Garfield, and the State of Oklahoma, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if an) the CONTRACTOR hereby agrees with OWNER to commence and complete construction of certain improvements described as follows: the BID #00-050 - PAINT WATER STORAGE TANKS AND ELEVATED RENOVATIONS - $319,410.00 TANK and all extra work in connection therewith, under the terms as stated in the documents, and at his (or their) own proper cost and expense to furnish al contract 1 m supplies, machinery, equipment, tools, superintendence, labor, insurance materials, accessories and services necessary to complete said construction in accordance w other contract documents as defined in the General Condition of Agreement. other the THE CONTRACTOR hereby agrees to commence work within ten d the date written notice to do so shall have been given to him and ays after complete same within the time specified in the contract documents, to substantially The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, additions and deductions, as provided in the contract documents and to a subject t ma on account thereof as provided therein. make payment 279 City Council Meeting April 27, 2000 Page 280 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Anna Sue Luckinbill CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Luckinbill, Inc. Bv: /s/ Dennis Luckinbill PRINTED NAME: Dennis Luckinbill TITLE: President COMPLETE ADDRESS: Luckinbill, Inc. 304 E. Broadway Enid, Oklahoma 73701 This project involves renovations includinge removal and enlarging ahe access isposal of lead based paint from the interior hatches to meet TNRCC regulations at the following locations: One million -gallon elevated storage tank nk at 6001 North Guava Avenue at 35' Street and Avenue W One hundred thousand -gallon elevated One million -gallon backwash tank at 6001 North Guava Avenue. Lloyd's of Kern Painting of Lindsay, Oklahoma submitted a bid in the amount of $236,600. However, their bid included a type of paint that was not specified and not approved. The low bid meeting specifications is $319,4t 0 from Luckinbill, budget'amount f Enid, Oklahoma and is within the Repaint Water Staff recommended award of each bid to the nbidd on r s indicated on the tabsheets and award of each contract as show REGULAR AGENDA PUBLIC HEARINGS Ordinance No. 2000-00023/Zone Case No. 880 (De F�eaney (for (24.) ublic hearing to consider request Hold a P for a zoning change from M-1 to M-1 Dismas Charities, Inc.) the Specific Use for a community based residential center certifisubb by p Block 43, Federal Board of Pardons and Paroles on Lot 1, Homes Addition. .E City Council Meeting April 27, 2000 Page 281 ORDINANCE NO.2000-00023 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2880; A ZONING CHANGE FROM M-1 TO M-1 SPECIFIC USE ZONING FOR A COMMUNITY BASED RESIDENTIAL CENTER ON LOT 1, BLOCK 43, SUBURBAN HOMES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:25 a.m. Bernie Gradel appeared on behalf of Dismas Charities, Inc. Den Freaney also spoke in favor of this zone case. No one appeared in opposition. Mayor Sitton closed the hearing at 11:28 a.m. The request would provide for a residential halfway house. The Zoning Code requires a Specific Use Permit in any location within the City. Adjacent land uses in all directions are industrial or commercial. The area is noted as industrial on the Comprehensive Land Use Plan. The current "base" M-1 zoning meets one of the criteria in the zoning code, that the centers be located in heavy commercial or industrial areas. Zoning policy also suggests that the opinion of adjacent owners be considered within a specific use request. There are responses both in favor and opposition of this designation. No opponents attended the Planning Commission meeting. The proposal will have no effect on traffic. Seldom is a case filed such as this where adjacent owners want the new activity. The residents in this proposed facility are pre -parole and will be coming back to Lubbock at some time. If they violate the rules, their parole is retracted. The organization provides 24 hours supervision at the facility. The Planning and Zoning Commission recommended approval of this request subject to the following condition. Limited to residential center with a current certification by the Federal Bureau of Prisons. The staff supports upholding the recommendation of the Planning Commission. Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2000- 00023 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Motion was made by Councilmember Hernandez, Councilmember McDougal to take the items seconded by out of order and to consider Item 26 next. Motion carried: 7 Yeas, 0 Nays. (25•) Ordinance No. 2000-00024/Zone Case No. 2868-A (south of 10 Street and east of Frankford Avenue): 1st d consider request of Hugo Reed and Associates (for Scott Mackenzie) for a zoning change from R-1 Specific Use to R-2 Specific Use for duplexes with reduced front setbacks on a tract of land located in section 25, Block E-2. 281 City Council Meeting April 27, 2000 Page 282 This item was considered following Item 26. ORDINANCE NO.2000-00024 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2868-A; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-2 SPECIFIC USE ZONING FOR DUPLEXES WITH REDUCED FRONT SETBACKS ON A TRACT OF LAND LOCATED IN SECTION 25, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:06 p.m. Bernie Gradel with Hugo Reed and Associates appeared on behalf of Scott Mackenzie. No one appeared in opposition. Mayor Sitton closed the hearing at 12:08 p.m. The request would accommodate two cul-de-sac streets south of 101't Street for duplex construction. Adjacent land uses: North - zoned for a church South - residential East -residential school tracts on the west side West - Frankford with The proposal sits the concept of buffering tolthin the the north andphe platvis Land Use Plan. A large church tract designed such that none of the duplex residents would have street access to the single-family to the south. the hdepelooerand adjacel meets nt residents. cy for oning subject to the agreement between P The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1 Each half of each duplex shall contain a minimum of 1,200 air- conditioned square feet. 2. Each duplex shall provide garage space for four vehicles. 3. No accessory structures shall be allowed. 4. Six-foot screening fences shall be provided for rear yards. 5. Structures shall have an exterior minimum of roof 80%brick, 25-year texture shingles, and a minimum of 6/12 pitch. 6. A twenty -foot front setback along the tract shall ex ea that minimum with five minimum setback on garage shall have a minimum setback of 20 feet. The staff supports the recommendation of the Planning Commission. Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading �Ordina0 Naynce s. 2000- 00024 as recommended by staff. Motion carried: The next item considered was Item 27. 282 City Council Meeting April 27, 2000 Page 283 (26.) Zone Case No. 2877 (north of 63" Street and west of Frankford): Hold a public hearing to consider appeal of Rodney Warren (for Sonic Drive -In) for a zoning change from GO to C-4 Specific Use on a portion of land out of Section 36, Block AK, and to consider ordinance. Mayor Sitton opened the public hearing at 11:30 a.m. Rodney Warren and Keith Potts appeared in favor of the zone case. Keith Whitworth and Ken Corbin appeared in opposition. Mayor Sitton closed the hearing at 12:01 p.m. In years past, the developer of Farrah chose to run the residential subdivision to the corner of Spur 327, east of Frankford. Subsequent Comprehensive Land Use Plan and zoning decisions created both commercial policy and zoning cases on the west side of Frankford. The area from Spur 327 to 64' Street has some level of commercial across Frankford from existing residential ranging from a car dealer on the north to a bank on the south. The area under discussion is currently zoned Garden Office. Adjacent land uses: North - commercial South - commercial East - residential West - commercial The Comprehensive Land Use Plan indicates the area under discussion as commercial. It is the intensity of any commercial proposal that drives discussion within this zone case. From south of the auto dealership on the Spur to 64°i Street was originally zoned C2A limited to a bank and offices, then "GO" in 1997 for a level of buffering across from the existing residential. The drive-in aspect of Sonic causes the C-4 basis of this zone case, although the discussion should include whether even C-2A would be appropriate on this parcel because the fast food competition of Sonic could be placed in C-2A and have essentially the same effect. The reaction of adjacent property owners was a key element of the discussion at the Planning Commission. Several owners of property on the east of Frankford expressed opposition. The proposed development plan of Sonic would benefit traffic on Frankford in that access to 63`d Street will also be provided, rather than all access from Frankford. The Planning and Zoning Commission denied this request. The Planning Commission denied the request based on opposition from property owners east of Frankford. Unless that opposition is amended, the staff would recommend upholding the denial. Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to uphold the Planning Commission's denial as recommended by staff. Motion carried: 6 Yeas, 1 Nays. Councilmember Ince voted nay. (27.) Ordinance No. 2000-00025 - Public hearing to consider assessments for paving improvements on the 82"d Street Assessment Paving Program. 283 City Council Meeting April 27, 2000 Page 284 ORDINANCE NO.2000-00025 AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING STREET: 82nd STREET FROM AVENUE U EAST TO US HIGHWAY 87 SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF, AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS ON EVIDENCE HEREOF, ALLOCATING FUNDS. Mayor Sitton opened the public hearing at 12:09 p.m. Larry Hertel, Street/Drainage Engineer, presented staff comments. Mike Allison, Chris White, Artie Howard, Donna Adams, and Adrienne Hamilton appeared to speak in opposition. Mayor Sitton closed the hearing at 12:25 p.m. The proposed paving improvements consist of a portion of the following street: Unit Number Description 2386-001 82" Street from Avenue U East to U. S. Highway 87 82nd Street is a thoroughfare and is being paved as a capital improvement project with federal participation. Assessments are proposed against the owners of property abutting the portion of 82nd Street to be improved in order to obtain their share of the paving costs. 82nd Street is an approved capital project, and the purpose of the hearing is only to provide affected property owners an opportunity to express their feelings in regard to assessment of cost for such improvements. After public comment the City Council will determine the portion of the costs that will be assessed to the abutting property owners for the paving improvements for the above said unit. Under Texas Law a municipality may not assess an amount exceeding the special benefits of the paving improvements to the abutting properties. The municipality must participate in at least 10 % of the cost of street paving. The "Calculated Rate" shown on the assessment rolls is the maximum legal assessment rate which may be levied consistent with state law and the City of Lubbock Policy. This rate is calculated on the basis of the property owners paying 100 % of the curb and gutter cost and 90 % of the paving cost. A qualified appraiser was engaged by the City of Lubbock to determine the value of the paving improvements for each of the abutting properties included in this project. His report indicates the value of the paving for 82nd street is significantly less than the construction cost. These determinations are consistent with historical appraisal studies. A copy of the appraiser's report is available for inspection. The alternatives available to the City Council are as follows for this unit: City Council Meeting April 27, 2000 Page 285 1. Authorize the assessment of the abutting property owners at the amount specified by the appraiser. Historically past City Councils have assessed property abutting thoroughfares at the appraised rate. Although alleys and minor streets are viewed to primarily benefit the abutting property owners, thoroughfare paving is viewed to benefit the City as a whole. 2. Authorize the assessment of the abutting property owners at an amount up to the calculated rate. 3. Do not assess any amount for this unit. Staff recommended alternative 1. The public hearing will serve as the first of three readings of the assessment ordinance. The first part of this ordinance is included in the Council's back-up materials. The ordinance will be completed following testimony given at the public hearing. Following the hearing the City Council will determine the assessment rates for the street involved in this program which is being constructed by TxDOT. Upon completion of the paving construction and acceptance by the City, the amounts determined by the City Council will be assessed to the abutting property owners. The assessments may be paid all at once or in five annual payments at 8 % interest. Staff recommended that the assessment rate be established at the appraised rate. Motion was made by Councilmember McDougal to pass on first reading Ordinance No. 2000-00025 with no assessment (alternative #3). Motion failed due to lack of a second. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 2000- 00025 with currently zoned commercial property being assessed at the calculated enhancement rate (alternative #1) as recommended by staff, and no assessment to currently zoned residential property (alternative #3). Motion carried: 5 Yeas, 2 Nays. Councilmembers Hernandez and Ince voted nay. HEALTH AND COMMUNITY SERVICES (28.) Resolution No. 2000-RO121 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development funding contract and all related documents between the City of Lubbock and the Lubbock Boys and Girls Clubs from the Community Development Block Grant for the construction of a parking lot and other improvements to the Theodore Phea branch. 285 City Council Meeting April 27, 2000 Page 286 RESOLUTION NO. 2000-RO121 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 Lubbock Boys and Girls Clubs from the Community Development Block Grant for the construction of a parking lot and other improvements to the Theodore Phea branch, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 27' day of April, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney, Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2000-R0121. Grantee: Lubbock Boys and Girls Club Program: Parking Lot and facility renovation Funding Source: 1999-2000 Community Development Block Grant reallocation Use of Funds: This will allow for the construction of a parking lot at the facility. Amount: $35,000 Match: 25 % Return of Investment: 25 % payback after completion of the project in accordance with the approved policy. Terms: May 1, 2000 through September 30, 2001. Comments: Funding for this contract was approved by City Council at the February 24, 2000 City Council meeting. The contract is available for review in the City Secretary's Office. Community Development recommended the approval of this resolution authorizing the Mayor to execute this contract. City Council Meeting April 27, 2000 Page 287 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 2000-R0021 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 30. (29.) Resolution No. 2000-RO124 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 Teen Publications from the Community Development Block Grant for the acquisition of a facility. This item was considered following Item 31. RESOLUTION NO.2000-RO124 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 Teen Publications from the Community Development Block Grant for the acquisition of a facility, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 27'h day of April, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney, Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract is filed with Resolution No. 2000-R0124. Grantee: Teen Publications Program: Acquisition of a facility Funding Source: 1999-2000 Community Development Block Grant reallocation Use of Funds: This will allow for the acquisition of a permanent facility. 287 City Council Meeting April 27, 2000 Page 288 Amount: $30,000 Match: 25 % Return of Investment: 25 % payback after completion of the project in accordance with the approved policy. Terms: May 1, 2000 through September 30, 2001. Comments: Funding for this contract was approved by City Council at the February 24, 2000 City Council meeting. The contract is available for review in the City Secretary's Office. Community Development recommended the approval of this resolution authorizing the Mayor to execute this contract. Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to pass Resolution No. 2000-R0024 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Patterson recused himself. The next item to be considered was Item 32. (30.) Resolution No. 2000-RO122 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development funding contract and all related documents between the City of Lubbock and the Lubbock Housing Authority from the Community Development Block Grant for the operation of the optional relocation program. RESOLUTION NO. 2000-RO122 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 Lubbock Housing Authority from the Community Development Block Grant for the operation of the optional relocation program, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. City Council Meeting April 27, 2000 Page 289 Passed by City Council this 27' day of April, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney, Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2000-R0122. Grantee: Lubbock Housing Authority Program: Optional Relocation program Funding Source: 1999-2000 Community Development Block Grant reallocation Use of Funds: This will allow for the operation of the optional relocation program to assist residents being displaced in North Overton by the "Centre" project. Amount: $16,665 Match: This is a cooperative effort between government agencies, match is not applicable. Return of Investment: N/A Terms: May 1, 2000 through September 30, 2001. Comments: Funding for this contract was approved by City Council at the February 24, 2000 City Council meeting. The contract is available for review in the City Secretary's Office. Community Development recommended the approval of this resolution authorizing the Mayor to execute this contract. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 2000-R0122 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (31.) Resolution No. 2000-R0123 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development funding amendment to a contract and all related documents between the City of Lubbock and the Lubbock Habitat for Humanity from the Community Development Block Grant for additional infrastructure work. City Council Meeting April 27, 2000 Page 290 RESOLUTION NO. 2000-RO123 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 Amendment to a Contract, by and between the City of Lubbock and Lubbock Habitat for Humanity from the Community Development Block Grant for additional infrastructure work, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 27' day of April, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/Nancy Haney Nancy Haney, Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2000-R0123. Grantee: Lubbock Habitat for Humanity Program: Infrastructure Funding Source: 1999-2000 Community Development Block Grant reallocation Use of Funds: This will allow for the construction of a parking lot at the facility. Amount: $25,000 additional for a total of $75,000 for the project. Match: 25 % Return of Investment: 25 % payback after completion of the project in accordance with the approved policy. Terms: Extended through September 30' 2001. Comments: Funding for this contract was approved by City Council at the February 24, 2000 City Council meeting. The contract is available for review in the City Secretary's Office. Community Development recommended the approval of this resolution authorizing the Mayor to execute this contract. 290 City Council Meeting April 27, 2000 Page 291 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 2000-RO123 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. BOARD APPOINTMENTS (32.) Consider one appointment to the Canadian River Municipal Water Authority. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to appoint Robert Rodgers to the Canadian River Municipal Water Authority. Motion carried: 7 Yeas, 0 Nays. (33.) Consider one appointment to Market Lubbock Inc. Board of Directors. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to appoint Reuben Reyes to the Market Lubbock, Inc. Board of Directors. Motion carried: 7 Yeas, 0 Nays. (34.) Consider one appointment to National Windmill Project, Inc. Board of Directors. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to appoint Cindy Martin to the National Windmill Project, Inc. Board of Directors. Motion carried: 7 Yeas, 0 Nays. (35.) Consider one appointment to the Appointments Advisory Board. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to appoint Michael Jackson to the Appointments Advisory Board. Motion carried: 7 Yeas, 0 Nays. (36.) Consider one appointment to the Keep Lubbock Beautiful Advisory Committee. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to appoint Linda Sadler to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 7 Yeas, 0 Nays. (37.) Consider one appointment to the Park and Recreation Board. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to appoint Steve Locke to the Park and Recreation Board. Motion carried: 7 Yeas, 0 Nays. (38.) Consider one appointment to the Youth Commission. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to appoint Monica Orosco to the Youth Commission. Motion carried: 7 Yeas, 0 Nays. 12:55 P.M. COUNCIL RECESSED 2:35 P.M. COUNCIL RECONVENED 291 City Council Meeting April 27, 2000 Page 292 2:35 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Cooke adjourned the meeting. WINDY S TTON, MAYOR ATTEST: i Kaythie arnell, City Secretary 1 Read and approved this day of _ , 2000. WINDY SITT , MAYOR 292