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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/10/2002CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING January 10, 2002 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the loth day of January, 2002, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:31 A.M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank W. Morrison, and Councilmember T.J. Patterson Absent: Mayor Pro Tern Cooke and Councilmember Nelson CITIZEN COMMENTS No one appeared for citizen comments. 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 Attorney; City Manager); to discuss and deliberate the electric rates of Lubbock Power and Light (Electric Utilities); to discuss and deliberate on a competitive matter regarding retail energy sales/contracts by the City of Lubbock (Electric Utilities). to discuss pending or contemplated litigation (Police Department; Water Utilities); and to discuss personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions) 7:32 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, to discuss and deliberate the electric rates of Lubbock Power and Light (Electric Utilities). ( 2A.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, to discuss and deliberate on a competitive matter regarding retail energy sales/contracts by the City of Lubbock (Electric Utilities). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Police Department; Water Utilities). ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Building Board of Appeals Central Business District Tax Increment Regular City Council Meeting January 10, 2002 Page 2 Financing Reinvestment Zone Community Relations Commission Neighborhood Redevelopment Commission 10:25 A.M. COUNCIL RECESSED ( 5.) Presentation regarding January 1, 2002 population estimates. David Buckberry, Planner (10 minutes) This item was deleted. (6.) Presentation on the Ports -to -Plains Progress. Kevin Evans, Ports to Plains President; Tommy Gonzalez, Assistant City Manager (10 minutes) This item was deleted. 10:42 A. M. COUNCIL RECONVENED INTO REGULAR SESSION City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember Frank W. Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Councilmember Hernandez Mayor Sitton called the meeting to order at 10:42 A. M. (7.) Invocation by Bishop Placido Rodriguez, Lubbock Catholic Diocese. (8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. CONSENT AGENDA (Items Nos. 9-32) Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to approve Items Nos. 9 — 32 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (9.) Approval of Minutes: December 3, 2001 Regular City Council Meeting December 13, 2001 Regular City Council Meeting (10.) ORDINANCE #2001-00093—Abandoning and closing a 20-foot alley adjacent to Tract A-1-C, C.N. Hodges Addition, and a 10-foot electric easement in Tract A-1-C, C.N. Hodges Addition to the City of Lubbock (5120 I-27) (second and final reading). ORDINANCE NO. 2001-00093 AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT ALLEY LOCATED ADJACENT TO TRACT A-1-D OF THE C.N. HODGES ADDITION AND A 10 FOOT ELECTRIC EASEMENT LOCATED IN TRACT A-1-C OF THE C.N. HODGES 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. I Regular City Council Meeting January 10, 2002 Page 3 (11.) ORDINANCE #2001-0107—Abandoning and closing a portion of 66th Street located in Section 36, Block AK, Lubbock County, Texas (6030 66th Street) (second and final reading). ORDINANCE NO. 2001-00107 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 66TH STREET LOCATED IN SECTION 36, BLOCK AK, 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. (12.) ORDINANCE #2001-0108—Abandoning and closing a 20-foot underground utility easement and a sewer line easement located in Section 8, Block E-2, Lubbock County, Texas (4315 50th Street) (second and final reading). ORDINANCE NO.2001-00108 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20 FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN SECTION 8, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND A 10 FOOT SEWER LINE EASEMENT LOCATED IN SECTION 8, BLOCK E-2, LUBBOCK COUNTY, TEXAS, 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. (13.) ORDINANCE #2001-0109—Amending Ordinance #10121 of the City of Lubbock Code of Ordinances to amend the City's Deferred Compensation Plan to conform with changes in State and Federal Law (second and final reading). ORDINANCE NO.2001-00109 AN ORDINANCE AMENDING ORDINANCE NO. 10121 OF THE CITY OF LUBBOCK, WHICH ORDINANCE PROVIDED PARTICULARS OF A DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES, AND MODIFYING SAID ORDINANCE TO PROVIDE FOR ADDITIONAL VENDORS AND TO CONFORM TO FEDERAL AND STATE LAW. The first reading of an Amendment to City Ordinance #10121 regarding the Deferred Compensation Plan for City of Lubbock employees was passed at the December 13, 2001 Council meeting. The attached ordinance to be considered for the second reading has been changed from the ordinance considered at the first reading. The changes were made to correct certain administrative functions and due to further review of the IRS regulations governing the plan. SECTION III — ADMINISTRATION: Section III outlines the responsibilities of the Oversight Committee and Plan Administrator. Revisions to this section include changing the Oversight Committee meetings to quarterly from monthly, changing the duties of the Plan Administrator to more closely reflect the tasks actually performed and adding a statement in 3.06 that states approval of vendor contracts are with the consent of Council. SECTION IV — PARTICIPATING IN THE PLAN: This section states that deferrals through payroll deductions will begin on the first day of a calendar month. This section was revised to begin deferrals at the beginning of a bi-weekly pay period to correlate with the City's pay cycle. 3 Regular City Council Meeting January 10, 2002 Page 4 SECTION V — CALCULATION OF BENEFITS: Section V was deleted. This section discussed that monies invested into the plan by employees would be considered as assets of the City subject to claims of the City's general creditors. The IRS regulations have changed and Deferred Compensation funds are not the property of the City. Plan assets are considered individual retirement accounts and are not subject to claims by creditors. SECTION VIII — LEAVE OF ABSENCE: Section VIII states that a participant could continue deferrals during an approved leave of absence with or without compensation. This sentence was changed to read that deferrals would continue only during leaves of absence with compensation. Staff recommended approval of this ordinance. (14.) Ordinance No. 2002-00001 abandoning and closing a 15-foot alley in Block 1, G. A. Rush Addition, and a portion of Avenue P adjacent to Block 175, Original Town Addition to the City of Lubbock (1611 151h Street) (first reading). ORDINANCE NO.2002-00001 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 15 FOOT ALLEY LOCATED IN BLOCK 1, G.A. RUSH ADDITION AND A PORTION OF AVENUE P BETWEEN BLOCK 1, G.A. RUSH ADDITION AND BLOCK 175, 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. American State Bank is in the process of replatting Block 1, G. A. Rush Addition and Block 175, Original Town Addition for building and parking lot development. This block of land is located between 15th Street and 16th Street, and Avenue O on the east and Paris Avenue on the west. There is an alley and a half portion of Avenue P to be closed as part of this replat process, a 15-foot east -west alley containing 4,054.05 square feet and a 25-foot wide portion of Avenue P containing 6,537.69 square feet for a total area being closed of 10,591.74 square feet. There will be a charge for this area being closed of $2.30 per square foot taken from adjacent land sales for a total of $24,361. These areas being closed will remain as easements so the proponents of these closures will be charged 50% of the $24,361, or $12,180.50. They are dedicating a 3,050.16 square foot portion of 15`h Street that has never been dedicated so a credit of $7,015.37 will be given them for a total due the City of $5,165.13. All utilities are in agreement with this closure. Right -of -Way Department recommended approval of the first reading of this ordinance. (15.) Resolution No. 2002-R0001 authorizing the Mayor to execute an agricultural lease with Kelly Thomas-TKT Farms (northeast corner, FM 1585 and Milwaukee Avenue). RESOLUTION NO. 2002-R0001 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK 0 Regular City Council Meeting January 10, 2002 Page 5 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 Agricultural Lease Agreement by and between the City of Lubbock and Kelly Thomas - TKT Farms, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this loth day of January, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Lease Agreement is filed with Resolution No. 2002-R0001. This agricultural lease allows Kelly Thomas of TKT Farms to farm the 160-acre tract of land owned by the Water Utilities Department at the northeast corner of FM 1585 and Milwaukee Avenue. This lease is for one year. Right -of -Way Department recommended approval of this resolution. (16.) Resolution No. 2002-R0002 approving and authorizing publication of notice of sale with respect to General Obligation Bonds. RESOLUTION NO.2002-R0002 A RESOLUTION approving and authorizing publication of notice of sale with respect to general obligation bonds. WHEREAS, the City Council of the City of Lubbock, Texas, has determined to issue and take bids for the purchase of general obligation bonds in the principal amount of $9,400,000 and, in accordance with the provisions of the City's Charter, the sale of such bonds is to be advertised in a newspaper once a week for a period of 30 days; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause a notice of sale relating to the sale of general obligation bonds to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 3: This Resolution shall be in force and effect from and after its passage on the date shown below. 61 Regular City Council Meeting January 10, 2002 Page 6 PASSED AND APPROVED, this January 10, 2002. CITY OF LUBBOCK, TEXAS /S/ WINDY SITTON Mayor ATTEST: /s/ Rebecca Garza City Secretary (City Seal) The bonds represent the third issuance of debt as approved in an election held on September 18, 1999. The amount of bonds approved in the election was $37,385,000. The City expects to issue these bonds over a five-year period in increments that are not expected to increase the tax rate. The available capacity is estimated at $9,400,000 for the 2001-02 fiscal year. The projects tentatively scheduled to be funded include the following: Parks McAlister Park development Park Benches/Seating Area Canyon Lakes Dam #4 Fiesta Plaza @ Buddy Holly Rec Area Sandlewood Neighborhood Park Chapel Hill Neighborhood Park West End Neighborhood Park Smithlawn Hts Neighborhood Park Northridge Neighborhood Park Skyview Neighborhood Park Irrigation/Lighting Miller Park subsurface drainage Parks subtotal Amount to Total Project be funded Cost $839,307 $1,998,525 $176,400 $ 202,400 $350,000 $ 786,667 $334,323 $ 500,000 $339,400 $ 526,000 $185,400 $ 306,000 $405,400 $ 526,000 $267,370 $ 387,970 $341,400 $ 526,000 $516,000 $ 526,000 $230,000 $ 807,400 $260,000 $ 524,000 $4,245,000 $4,245,000 represents 28.8% of the Parks Projects total bond authorization for the five-year period. Streets Amount to Total Project be funded Cost Subdivision/Assessment & Paving $ 125,000 $ 384,384 Curb ramps $ 375,000 $2,039,107 Frankford: 82nd Street to $2,675,000 $2,776,000 98th Street 98th Street: Frankford $ 500,000 $ 600,000 Ave. to Slide Rd. Frankford Ave. @ 191h $ 200,000 $ 390,000 St. intersection Dip reconstruction $ 200,000 $ 500,000 Streets subtotal $4,075,000 $4,075,000 represents 23.7% of the total bond authorization for Streets projects. 0 Regular City Council Meeting January 10, 2002 Page 7 Traffic Computer System design Traffic Signal new locations Traffic subtotal Amount to Total Project be funded Cost $985,000 $3,432,962 $95,000 $245,000 $1,080,000 $1,080,000 represents 32.8% of the total bond authorization for Traffic Control. Any excess bond proceeds and all interest on unexpended bond proceeds will be reserved and allocated only to other qualifying bond projects as approved by City Council. Cost of issuance is budgeted to be paid out of interest earned on bond proceeds. As this action is the first necessary step to proceed with a bond issuance, staff recommended passage of this resolution. Pricing date is set for February 28, 2002. (17.) Resolution No. 2002-R0003 approving and authorizing publication of "Notice of Intention to Issue" and "Notice of Sale" of $6,450,000 Combination Tax & Waterworks System Revenue Certificates of Obligation, Series 2002. RESOLUTION NO.2001-0003 A RESOLUTION approving and authorizing publication of (i) notice of intention to issue certificates of obligation and (ii) notice of sale with respect to such certificates of obligation. WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Waterworks System, (ii) Lake Alan Henry improvements and (iii) professional services rendered in connection with such projects and the financing thereof; and WHEREAS, prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time provided by law and deems it appropriate to publish a notice of sale with respect to such certificates of obligation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $6,450,000 for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Waterworks System, (ii) Lake Alan Henry improvements and (iii) professional services rendered in connection with such projects and the financing thereof, such certificates to be payable from ad valorem taxes and a lien on and pledge of the net revenues of the City's Waterworks System. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 2: The City Secretary is hereby authorized and directed to cause a notice of sale relating to the sale of certificates of obligation to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this resolution for all purposes. 7 Regular City Council Meeting January 10, 2002 Page 8 SECTION 3: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND APPROVED, this January 10, 2002. CITY OF LUBBOCK, TEXAS /S/ WINDY SITTON Mayor ATTEST: /s/ Rebecca Garza City Secretary A copy of Exhibits "A" and `B" is filed with Resolution No. 2002-R0003. The proceeds from the sale of this bond issuance will be used for improvements and extensions to the City's Waterworks System, Lake Alan Henry improvements and costs associated with issuance of these bonds. The projects tentatively scheduled to be funded include the following: Waterworks System Projects Amount to Total Project be funded Cost Water Lines ahead of Marsha Sharp $2,300,000 $2,475,000 Fwy Lake Alan Henry Improvements $1,190,000 $2,109,938 SW Lubbock Water Distribution $2,890,000 $5,500,000 Waterworks Total $6,380,000 As this action is the first necessary step to proceed with a bond issuance, staff recommended passage of this resolution. Pricing date is set for February 28, 2002. (18.) Resolution No. 2002-R0004 approving and authorizing publication of "Notice of Intention to Issue" and "Notice of Sale" of $1,545,000 Combination Tax & Sewer System Revenue Certificates of Obligation, Series 2002. RESOLUTION NO. 2001-R0004 A RESOLUTION approving and authorizing publication of (i) notice of intention to issue certificates of obligation and (ii) notice of sale with respect to such certificates of obligation. WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Sewer System, and (ii) professional services rendered in connection with such projects and the financing thereof; and WHEREAS, prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time provided by law and Regular City Council Meeting January 10, 2002 Page 9 deems it appropriate to publish a notice of sale with respect to such certificates of obligation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $1,545,000 for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Sewer System and (ii) professional services rendered in connection with such projects and the financing thereof, such certificates to be payable from ad valorem taxes and a lien on and pledge of the net revenues of the City's Sewer System. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 2: The City Secretary is hereby authorized and directed to cause a notice of sale relating to the sale of certificates of obligation to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 3: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND APPROVED, this January 10, 2002. CITY OF LUBBOCK, TEXAS /S/ WINDY SITTON Mayor ATTEST: /s/ Rebecca Garza City Secretary A copy of Exhibits "A" and `B" is filed with Resolution No. 2002-R0004. The proceeds from the sale of this bond issuance will be used for improvements and extensions to the City's Sewer System and to pay costs associated with issuance of these bonds. The projects tentatively scheduled to be funded include the following: Sewer System Projects Amount to Total Project be funded Cost Sewer Lines ahead of Marsha Sharp $1,360,000 $1,485,000 Fwy Land Application Site System $150,000 $900,000 Improvements Se'si,er Total $1,510,000 E Regular City Council Meeting January 10, 2002 Page 10 As this action is the first necessary step to proceed with a bond issuance, staff recommended passage of this resolution. Pricing date is set for February 28, 2002. (19.) Resolution No. 2002-R0005 authorizing the Mayor to execute a Memorandum of Lease and Consent with Pinnacle Towers, Inc. RESOLUTION NO.2002-R0005 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Memorandum of Lease and Consent and any associated documents between City and Pinnacle Towers, Inc., approving the assignment of a lease agreement dated March 22, 1990, from Motorola Communications and Electronics, Inc., to Pinnacle Towers, Inc., a copy of which Memorandum of Lease and Consent, is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this loth day of January, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning (by Mark Yearwood Sharlett Chowning, Managing Director of Information Technology APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of Memorandum of Lease and Consent is filed with Resolution No. 2002-R0005. The City of Lubbock holds a lease agreement with Motorola for use of a tower facility in southeast Lubbock, which is valid until August 31, 2010. This tower facility houses equipment used in the Police Department's data communications system. In 2000, Motorola sold its interests in this facility, and assigned its leases to Pinnacle Towers, Inc. This memorandum serves as the City's consent to the assignment of the lease with the conditions of the original contract remaining valid. Staff recommended approval of this resolution. (20.) Resolution No. 2002-R0006 authorizing the Mayor to execute a professional services contract with the Museum of Texas Tech in an amount not to exceed $4,000,000 for the provision of professional archaeological services through December 31, 2006. 10 Regular City Council Meeting January 10, 2002 Page 11 RESOLUTION NO. 2002-R0006 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an agreement between the City of Lubbock and the Museum of Texas Tech University for archeological services for the City of Lubbock, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 1 Oth day of January, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2002-R0006. The Texas Antiquities Code requires that archaeological testing, under a state -approved permit, take place on all publicly held lands prior to construction. The extent of required testing is directly related to the amount of disturbance caused by the construction project. The Texas Historical Commission (THC), which administers the antiquities code, mandates that approved archaeologists may have no more than three active permits at any given time. Given these constraints, city staff has creatively found a way to streamline this process to positively impact future construction project timelines. Staff has negotiated a mutually beneficial contract with the Museum of Texas Tech for the provision of archaeological services. The term of the contract is for five years and the value will not exceed $4,000,000 over that time period. This expense will be borne by individual projects that are managed by various City departments. Therefore, the entire $4,000,000 will not be spent at one time, nor will the entire cost be paid from the General Fund. By utilizing graduate level students, the Museum is able to provide this service at approximately sixty percent of the cost charged by the private sector. Furthermore, the Museum typically charges a 25 percent administration fee for this service. Due to this long-term agreement, the Museum has lowered its administrative fee to 15 percent for the first million dollars, 10 percent for the next million dollars, and 7.5 percent for the last two million dollars. This contract will enable the Museum of Texas Tech to obtain one permit for archaeological investigations on all City owned lands, including the Jim Bertram Lake System. Currently, the City is required to obtain a permit for each project site. The City will benefit due to the elimination of 11 Regular City Council Meeting January 10, 2002 Page 12 the lag time between starting a project and successfully negotiating a contract with a state approved archaeologist. In some instances, there has been a one -month delay as the area archaeologists close out an active permit to make room for a new one. The Museum's permit will include monitoring water line repairs by the Water Department to testing as well as testing and mitigation associated with high profile projects such as the Mackenzie Amphitheater, the new dam that will create Vaquero Lake underneath I-27, and Fiesta Plaza. The Museum of Texas Tech will benefit from the long-term agreement by being able to provide consistent research projects for its graduate students. The Jim Bertram Lake System provides the Museum with an abundance of research potential to attract top students from around the world. Furthermore, all artifacts recovered during the archaeological investigations will be curated for display in the Museum of Texas Tech. Due to these mutual benefits, the THC is expected to use this contract as a model for other Texas cities. Staff recommended approval of this resolution. (21.) Resolution No. 2002-R0007 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a contract for Public Health Services between the City and the Texas Department of Health, pertaining to HIV prevention services. RESOLUTION NO.2002-R0007 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for Public Health Services between City and the Texas Department of Health (TDH Document #7560005906 200301), pertaining to HIV prevention services, attached hereto, and any associated documents, which Contract shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this loth day of January, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Department Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract is filed with Resolution No. 2002-R0007. Our contract with the Texas Department of Health to provide HIV counseling services comes before the City Council annually. The total attachment amount is $46,350, which covers salary and fringe benefits for 12 Regular City Council Meeting January 10, 2002 Page 13 one FTE, travel, supplies, equipment, and $1,540 for indirect (administrative) costs. The contract includes the collaborative efforts between the Health Department, South Plains AIDS Resource Center, Catholic Family Services, Lubbock Mental Health Mental Retardation Center, Texas Tech University, and the Lubbock County Community Correctional Facility to provide HIV education, prevention counseling and testing. Each agency has a unique role in providing these services to Lubbock residents. All agencies are needed to provide comprehensive, continuous care for persons at risk or who are diagnosed as HIV positive. The City Health Department provides testing and counseling services, both pre -test and post-test, with heavy emphasis placed on education and preventive measures. As of December 1, 2001, Lubbock has experienced 340 total cases of AIDS since 1983 with 190 cases resulting in death. Lubbock had 36 new cases of AIDS reported in 1999, 29 new cases reported in 2000, and 19 cases to date in CY 2001. Lubbock had 38 new HIV -positive infections reported in 1999, 29 cases in CY 2000, and 32 new cases to date in CY 2001. This program fulfills the Core Mission of Public Health as it relates to prevention and health education. Without the funding from the Texas Department of Health contract, local public health efforts will be greatly impaired and the risk of illness in Lubbock citizens will increase. Staff recommended approval of this resolution. (22.) Resolution No. 2002-R0008 authorizing the Mayor to make changes to the City of Lubbock FY 2001-02 Operating Budget. RESOLUTION NO. 2002-R0008 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budget for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes: and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Manager of the City of Lubbock is hereby authorized and directed to make the following changes to the City of Lubbock Budget for municipal purposes: Revenue and Expenditures in the General Fund will be changed to account for additional sales tax revenue. This revenue will be used to fund a Security Project. The attached Exhibit A outlines the specific changes. SECTION 2. THAT a copy of the change made to the City of Lubbock Budget pursuant to the Resolution shall be filed with the City Secretary and County Clerk of Lubbock as required by law. 13 Regular City Council Meeting January 10, 2002 Page 14 Passed by the City Council this 1 Oth day of January, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte' Debra B. Forte', Deputy City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2002-R0008. The events of the September 11 tragedy in New York City have again brought into question the security of the public buildings occupied by the citizens of Lubbock as well as City employees. In an effort to enhance the security measures already implemented since this event, an additional capital project will be established. This project will include the addition of cameras, bollards, and card readers as well as metal detectors. A filtration monitoring system and phone intercom system will also be part of the project. The funding for this project will be made available through savings from last fiscal year's Seal Coat Program as well as additional sales tax revenue received in October 2001. The sales tax receipts for the month of October came in $247,672 over budget for the month of October. The General Fund Operating Budget will be adjusted to reflect this additional revenue. There will also be an increase to the transfer to General Facilities and System Improvements Capital Projects Fund. There will be no impact to the General Fund Operating Budget. Staff recommended approval of this resolution. (23.) Resolution No. 2002-R0009 authorizing the Mayor of the City of Lubbock to approve a joint application with the City of Lamesa, Lubbock County and Gaines County for a State administered federally funded grant for the continuation of the South Plains Regional Narcotics Task Force. RESOLUTION NO.2002-R0009 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 joint application with Lubbock County, Gaines County and the City of Lamesa, Texas, for grant funding and related documents for the State of Texas, Office of the Governor, Criminal Justice Division, for the State and Federal assistance for operation of the South Plains Regional Narcotics Task Force to combat narcotics and illegal substances trafficking. The City Council hereby agrees to a cash match of $123,794.00, from the City of Lubbock to fund 25% of the Project, as required by the State of Texas in order to be eligible to receive such State and Federal assistance; and THAT in the event of loss or misuse of funds of the State of Texas, Office of the Governor, Criminal Justice Division, provided pursuant to said joint application for grant 14 Regular City Council Meeting January 10, 2002 Page 15 funding, this Council assures that the funds will be returned to the Criminal Justice Division. Passed by the City Council this 1 Oth day of January, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude T. Jones Claude Jones, Interim Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Application is filed with Resolution No. 2002-R0009. This grant application is being made in conjunction with the Governor's Anti -Drug Abuse Program. The 52 law enforcement agencies represented in the South Plains region cover some 10,000 square miles and are responsible to approximately 300,000 people located in 12 counties. Narcotic trafficking on the South Plains should be considered multi - jurisdictional with the success of each individual law enforcement agency in its operation having a direct effect on criminal activity in neighboring jurisdictions. Illegal narcotic trafficking is a regional program requiring regional coordination. The citizens of the 12 county region, including the City of Lubbock, would greatly benefit from this program. By identifying transient narcotic dealers and coordinating efforts to monitor their activities, the program will facilitate an effective impact on the narcotic problem in the 12 county region. Further, the Task Force will maintain an effective communications network with local jurisdictions concerning criminal violator activity. This approach will be promoted by an effective coordination of enforcement priorities and an efficient violator apprehension program working closely with the Drug Enforcement Administration, Department of Public Safety, County and City law enforcement agencies. The unit would also lend investigative support to local jurisdictions. The grant application is to be received by the Governor's Office, Criminal Justice Division. Awards for the grant have been set for June 1, 2002. The total request for funding is $648,287 with the City of Lubbock, City of Lamesa, Lubbock County, and Gaines County contribution being $162,098. This is the required cash match for the total grant. To assure compliance with the requirements of the program, each participating agency must sign an Interlocal Cooperation Agreement with the City of Lubbock. The Police Department recommended approval of this resolution. 15 Regular City Council Meeting January 10, 2002 Page 16 (24.) Resolution No. 2002-R0010 authorizing the Mayor of the City of Lubbock to execute an Interagency Agreement for law enforcement purposes for the investigation and prevention of narcotic and drug related laws of the State of Texas by and between the City of Lubbock and the City of Lamesa, Texas. RESOLUTION NO. 2002-R00IO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 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 Interagency Agreement to develop a narcotics task force for law enforcement purposes, by and between the City of Lubbock and the City of Lamesa, Texas, attached hereto, and which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be part of this Resolution as if fully copied herein. Passed by the City Council this 1 Oth day of January, 2002. /S/ WINDY SITTON WINDY SITTON, Mayor ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude T. Jones Claude Jones, Interim Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Asst. City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0010. This Interagency Agreement is being made in conjunction with the Governor's Anti -Drug Abuse Program. As a recipient of a Texas Narcotics Control Program Grant, one requirement is that each participating agency enters into an Interagency Agreement. This is to assure compliance with the various mandates of the program placed upon the participating agencies. The execution of this agreement will also allow City of Lubbock Police Officers to work outside their normal jurisdictional boundaries in furtherance of the goals of the program, and making the enforcement effort multi -jurisdictional. The Police Department recommended approval of this resolution. (25.) Resolution No. 2002-R00II authorizing the Mayor of the City of Lubbock to execute an Interagency Agreement for law enforcement purposes for the investigation and prevention of narcotic and drug related laws of the State of Texas by and between the City of Lubbock and Lubbock County. 16 Regular City Council Meeting January 10, 2002 Page 17 RESOLUTION NO. 2002-R0011 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 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 Interagency Agreement to develop a narcotics task force for law enforcement purposes, by and between the City of Lubbock and Lubbock County, Texas, attached hereto, and which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be part of this Resolution as if fully copied herein. Passed by the City Council this 1 Oth day of January, 2002. /S/ WINDY SITTON WINDY SITTON, Mayor ATTEST: /s/ Rebecca Garza Becky Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude T. Jones Claude Jones, Interim Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Asst. City Attorney A copy of the Agreement is filed with Resolution No. 2002-ROO11. This Interagency Agreement is being made in conjunction with the Governor's Anti -Drug Abuse Program. As a recipient of a Texas Narcotics Control Program Grant, one requirement is that each participating agency enters into an Interagency Agreement. This is to assure compliance with the various mandates of the program placed upon the participating agencies. The execution of this agreement will also allow City of Lubbock Police Officers to work outside their normal jurisdictional boundaries in furtherance of the goals of the program, and making the enforcement effort multi jurisdictional. The Police Department recommended approval of this resolution (26.) Resolution No. 2002-ROO12 authorizing the Mayor of the City of Lubbock to execute an Interagency Agreement for law enforcement purposes for the investigation and prevention of narcotic and drug related laws of the State of Texas by and between the City of Lubbock and Gaines County. RESOLUTION NO. 2002-R0012 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 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 Interagency Agreement to develop a narcotics task force for law enforcement purposes, by and between the City of Lubbock and 17 Regular City Council Meeting January 10, 2002 Page 18 Gaines County, Texas, attached hereto, and which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be part of this Resolution as if fully copied herein. Passed by the City Council this 1 Oth day of January, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Becky Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude T. Jones Claude Jones, Interim Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Asst. City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0012. This Interagency Agreement is being made in conjunction with the Governor's Anti -Drug Abuse Program. As a recipient of a Texas Narcotics Control Program Grant, one requirement is that each participating agency enters into an Interagency Agreement. This is to assure compliance with the various mandates of the program placed upon the participating agencies. The execution of this agreement will also allow City of Lubbock Police Officers to work outside their normal jurisdictional boundaries in furtherance of the goals of the program, and making the enforcement effort multi jurisdictional. The Police Department recommended approval of this resolution. (27.) Resolution No. 2002-R0013BID #269-01/RS — for LP&L Tree Trimming — Annual Pricing (Electric Distribution). RESOLUTION NO.2002-R0013 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 LP&L tree trimming — annual pricing, by and between the City of Lubbock and Provco of Yuba City, California, 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. Regular City Council Meeting January 10, 2002 Page 19 Passed by the City Council this 1 Oth day of January, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-ROO13. This bid will provide for the services required to trim and or remove trees interfering with LP&L lines. The contract will cover 743 miles of overhead distribution and transmission electric lines. Contractor shall supply one 2-man crew with one aerial truck with hydraulic chip dump box, brush chipper and two chain saws and one 4-man crew with aerial truck with hydraulic dump box, and one non -aerial split dump truck, bush chipper, one pickup and three chain saws. The low bid is $287,740 from Environmental Professional Associates dba PROVCO of Yuba City, California and is within the Electric Distribution Customer Service -Special Projects budget. (28.) Resolution No. 2002-R0014/BID #280-01/RS — for Lubbock Police Department Emergency Equipment (Fleet Services). RESOLUTION NO.2002-ROO14 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #280-01/RS for Lubbock Police Department emergency equipment, by and between the City of Lubbock and Big Country Supply of Abilene, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 19 Regular City Council Meeting January 10, 2002 Page 20 Passed by the City Council this 1 Oth day of January, 2002. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-ROO14. This bid is for the purchase of new emergency equipment to be installed on new city police cars used by the Lubbock Police Department. The low bids are from the following companies: Big Country Supply of Abilene, Texas $75,669.60 Galls, Inc. of Lexington, Kentucky $11,586.72 Emergency Vehicle Equipment Company of Port Neches, Texas $ 9,939.84 Adamson Industries Corporation Lawrence, Massachusetts $ 5,712.00 Fleet Safety Equipment, Inc. of Houston, Texas $ 4,800.00 Lubbock Fire Extinguisher Service of Lubbock, Texas $ 1,248.00 The low bids total $108,956.16 and is within the Capital Outlay -Fleet Replacement Motor Vehicle budget. (29.) Resolution No. 2002-R0015/BID #281-01/RS — for Police Department Firing Range Fence (Facilities Management). RESOLUTION NO. 2002-ROO15 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #281-01/RS for police department firing range fence, by and between the City of Lubbock and Maner Bros. Supply, Inc. of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. em Regular City Council Meeting January 10, 2002 Page 21 Passed by the City Council this 10th day of January, 2002. /S/ WINDY SITTION WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0015. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this loth day of January, 2002, 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 Maner Bros. Supply, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #281-01/RS —Police Department Firing Range Fence - $29,648.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 21 Regular City Council Meeting January 10, 2002 Page 22 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ George Lisenbe Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Tod Anderson CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Maner Bros. Supply, Inc. By: /s/ Deonna Anderson PRINTED NAME: Deonna Anderson TITLE: President COMPLETE ADDRESS: Maner Bros. Suppy, Inc. 9801 Beaufort Lubbock, TX 79424 This project will provide for the installation of approximately 4,214 linear feet of six-foot chain link fence. The installation will be along the west, north and east sides of the Police Department Firing Range. The south portion of the range was fenced during the main range construction proj ect. The low bid is $29,648 from Maner Brothers Supply, Inc. and is within the Building Capital Outlay -Police Department Firing Range budget. (30.) Resolution No. 2002-R0016/BID #290-01/RS - for Full Size Cargo Van (Fleet Services). RESOLUTION NO. 2002-RO016 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #290-01/RS for a full size cargo van, by and between the City of Lubbock and All American Chevrolet of Slaton, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Regular City Council Meeting January 10, 2002 Page 23 Passed by the City Council this 1 Oth day of January, 2002. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0016. This bid will provide for the procurement of three full size cargo vans for the Animal Control Department. The low bid is $49,290 from All American Chevrolet of Slaton, Texas and is within the Capital Outlay -General Fund budget. (31.) Resolution No. 2002-R0017BID #291-01/RS — for 32,000 Pound GVWR Truck Cab & Chassis (Fleet Services). RESOLUTION NO. 2002-ROO17 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #291-01/RS for a 32,000 pound GVWR truck cab & chassis, by and between the City of Lubbock and Dallas Freightliner of Dallas, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 1 Oth day of January, 2002. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney 23 Regular City Council Meeting January 10, 2002 Page 24 A copy of the Purchase Order is filed with Resolution No. 2002-R0017. This bid will provide for the procurement of one heavy-duty truck cab and chassis for the Solid Waste Department. The low bid is $46,530 from Dallas Freightliner of Dallas, Texas and is within the Capital Outlay -Solid Waste Fund budget. (32.) Resolution No. 2002-R0018/BID #302-01/RS — for Mechanical Track Boring Unit (Electric Distribution). RESOLUTION NO. 2002-R0018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #302-01/RS for a mechanical track boring unit, by and between the City of Lubbock and Ditch Witch Southwest of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 1 Oth day of January, 2002. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0018. This bid is for a mechanical track -boring unit for LP&L Underground Electric Distribution. The low bid is $131,209.75 from Ditch Witch Southwest of Lubbock, Texas and is within the Capital Outlay budget. Staff recommended award of each bid to the bidder as indicated on the tab sheets and award of each contract as shown on the resolutions. REGULAR AGENDA (33.) ORDINANCE #2001-00104—ZONE CASE NO. 2437-E (west of Homestead Avenue and north of 82nd Street): Request of Paula Ammons (for Master Cleaners) for a zoning change from A-2 to C-3 on an unplatted 3.75-acre tract of land out of Section 29, Block AK (second and final reading). A Regular City Council Meeting January 10, 2002 Page 25 ORDINANCE NO. 2001-00104 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2437-E; A ZONING CHANGE FROM A-2 TO C-2 AND C-3 SPECIFIC USE ZONING ON AN UNPLATTED 3.75 ACRE TRACT OF LAND OUT OF SECTION 29, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The request is to rezone property currently zoned for church and church related. The proposed zoning district is C-3. Adjacent land uses: North — elementary school South — commercial East — church West — church zoning The request represents a minor change to the Comprehensive Land Use Plan. The recommendation of the request by the Planning Commission includes that the north and south sides of 82nd from the corner of Frankford west to the intersection of Huron be illustrated as commercial on the Plan. This configuration will match the commercial zoning on the south side of 82nd Street. While the proposed Plan change is not within the pattern of a 660-foot dimension along 82nd, the total allotment of land to commercial on each corner is still within reason. In addition, the shape of the commercial areas at this intersection is dictated by earlier platting of residential in a manner that will not allow the standard ten -acre, 660 foot by 660 foot format. During the Council public hearing, an incomplete presentation by staff caused some misunderstanding. While the zoning request to C-3 is fairly routine (the property south of 82nd at this location is currently C-3), discussion of curb cut locations on both 81 st and 82nd remain to be resolved during the second reading. 81 st Street: The Zoning Code requires a screening fence between commercial and adjacent residentially zoned property, which is a Frenship school site in this case. The staff is of the opinion that the bulk of the commercial should be screened from the school. Since the commercial property owners desire to have access from 81 st, the staff discussed the following with the Planning Commission: • Allow the east 100-foot lot to remain unfenced, with one curb cut to 81 st Street. • Require that a twenty -foot public access easement be dedicated on the north side of the lots adjacent to 81st Street, as they are platted. • No additional curb cut shall be allowed to 81 st Street except within the west 100 feet of the north line of the lots along 81 st, in the vicinity of Huron. The Council requested that staff visit about the curb cuts with someone from the Frenship District. Randy Henson contacted John Thomas, the Superintendent, and described the situation by phone with a follow-up reminder several days later. To date, Mr. Thomas has yet to come by to view the proposed site plan. After school starts, staff will continue to solicit a response. 25 Regular City Council Meeting January 10, 2002 Page 26 While the Planning Department expressed some concern about curb cuts on 81 st Street because of the school, the proposal for only two would be a compromise and the proposed locations do not interfere with the main drives at the school. If residential development were across the street from the school, there would be a curb cut every 60-70 feet. The school should not expect to have a total exclusion of curb returns across the street. During the Planning Commission meeting, after extensive discussion about allowing a curb cut on the two end lots (even with an access easement between) and not allowing direct access to all of the future lots, the Planning Commission concluded that no curb cuts to 81 st Street would be most equitable to the commercial owners and would solve the potential for congestion on 81st Street adjacent to the school. Their discussion seemed more concerned about equity to the interior lots versus a compromise. The church, which is the current owner of all of the lots, is in agreement with the proposed compromise. 82nd Street: Lost in the shuffle of discussion on 81 st, the staff had presented a suggestion of only one curb cut per 100 feet along 82nd Street, to match the conditions of a zone case on the south side. Since the lots are going to be fairly small (100-150 feet), the current allowance of two cuts per lot would create congestion on 82nd Street. As a substitute for the condition recommended by the Commission, the proponent and staff are suggesting consideration of a condition allowing one curb cut per lot, plus one shared curb cut per pair of lots. If the lot sizes are 90-100 feet, there will be a total of six cuts versus the eight normally allowed. If the future lot sizes are larger, fewer will be permitted and even less congestion will occur. With the future individual businesses being small (as contrasted to a shopping center level of traffic), the congestion on 82nd should be minimum. Regarding curb cuts, the Planning and Zoning Commission recommendation and first Council reading of this request includes the following conditions: I . That there be a twenty-five foot setback from 81 st Street. 2. That there be a screening fence on 81 st Street. 3. That there be no curb cuts on 81 st Street. 4. That there be one curb cut per 100 feet on 82nd Street. In addition to the case being Specific Use allowing a twenty-five foot setback from 81 st Street, the staff recommended amendment of the proposed ordinance conditions noted above as: 1. That the east 100 feet of the screening fence on 81 st Street shall not be required, allowing one curb cut to 81 st Street. 2. A twenty -foot public access easement shall be dedicated on the north line of all the lots from the east boundary of this case to the bend in 81 st Street in the vicinity of Huron. 3. That no additional curb cut shall be allowed to 81 st Street except with the west 100 feet of the north line of the lots, in the vicinity of Huron. 4. That each development lot shall be allowed one curb cut to 82nd Street, in addition to one shared drive between pairs of development lots. 26 Regular City Council Meeting January 10, 2002 Page 27 Randy Henson spoke for staff. Councilmember Hernandez arrived. Nick Mountos represented Saint Andrew Greek Orthodox Church and spoke in opposition of the zoning change as he felt it would have a negative impact on the property of the church. Motion was made by Councilmember Morrison, seconded by Councilmember McDougal to pass on second reading Ordinance No. 2000-00104 as recommended by staff with the amendment that Master Cleaners lot be changed to C-3 specific use and the remainder of section be changed to C-2. Motion carried: 7 Yeas, 0 Nays. Mayor Sitton then recognized Ms. Becky Wooten, teacher and a group of sixth (6`h) grade students from Smyer Elementary who were attending the council meeting. PUBLIC HEARINGS ZONING (34.) Ordinance No. 2002-00002/ZONE CASE No. 2924 (602 3rd Street, 610 3rd Street, 707 3rd Street, 709 3rd Street, 711 3rd Street, 713 3rd Street, 715 3rd Street and 717 3rd Street): Hold a public hearing to consider request of Watson Sysco Food Services, Inc. for a zoning change from R-3 to IHC on Lots 1 through 6, Block 4, Liff Sanders Addition; Block 1, Covington Addition; Block 3, Spikes Addition and a closed street, and to consider ordinance. ORDINANCE NO.2002-00002 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2924; A ZONING CHANGE FROM R-3 TO IHC ZONING ON LOTS 1 THRU 6, BLOCK 4, LIFF SANDERS ADDITION; BLOCK 1, COVINGTON ADDITION; BLOCK 3, SPIKES ADDITION AND A CLOSED STREET, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:16 a. in. No one appeared on behalf of Watson Sysco Food Services, Inc. No one appeared in opposition. Mayor Sitton closed the hearing at 11:17 a. in. Randy Henson, Senior Planner, presented staff comments. Watson Foods is proposing an expansion of the warehouse and frozen food lockers that are located to the north. Watson has been a long time commercial resident in this area, and the proposed zone case will enable a large expansion of the operation. Adjacent land uses: North — commercial South — commercial and nonconforming residential East — commercial West — commercial The request is consistent with the Comprehensive Land Use Plan and zoning policies. The project includes a plat proposing to close a number of streets in the area to combine the old blocks into a contiguous land area. 27 Regular City Council Meeting January 10, 2002 Page 28 The proposal should not have a negative effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this ordinance. Staff supported recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2000- 00002 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (35.) Ordinance No. 2002-00003/ZONE CASE NO. 1448-G (3701 50th Street): Hold a public hearing to consider request of South Plains Investment Co., LTD for a zoning change from C-2 to C-3 on Lot A-1, Rothwebb Addition, and to consider ordinance. ORDINANCE NO. 2002-00003 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1448-G; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON LOT A-1, ROTHWEBB ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:16 a. in. No one appeared on behalf of South Plains Investment Co., LTD. No one appeared in opposition. Mayor Sitton closed the hearing at 11:17 a. in. Randy Henson, Senior Planner, presented staff comments. The parcel is the former location of Woolworths and later Builders Square. When the property was developed, the department store, discount center and family center permitted uses were in the C-2 District. When the current Code was adopted in 1975, those uses were placed in the C-3 District. As such, the stores were legal nonconforming after 1975. Since the building supply business has been gone for more than one year, the nonconforming status of the property has lapsed. The owner is requesting that the zoning district be adjusted to fit the needs of the building. Adjacent land uses: North commercial South — residential East — commercial West — commercial and residential The proposal is consistent with both the Comprehensive Land Use Plan and zoning policies. There are no plans for structural changes on the parcel and parking meets the current Code requirements for C-3. One adjacent resident asked questions during the meeting and seemed satisfied with the proposal. The proposal should have no additional effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this ordinance. Staff supported recommendation of the Planning Commission. 4: Regular City Council Meeting January 10, 2002 Page 29 Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2000- 00003 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (36.) Ordinance No. 2002-00004/ZONE CASE NO. 1875-T (6625 West 19th Street): Hold a public hearing to consider request of Joe Menaldi to amend the conditions of Ordinance No. 8565 on Lot 4, Commander's Addition, and to consider ordinance. ORDINANCE NO.2002-00004 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1875-T; AMEND THE SITE PLAN CONDITION OF ORDINANCE NO. 8565; TO ALLOW A USED FURNITURE STORE AND GAMEROOM AS PERMITTED USES ON LOT 4, COMMANDERS ADDITION, LUBBOCK, TEXAS; TO AMEND ORDINANCE 8565; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:16 a. in. No one appeared on behalf of Joe Menaldi. No one appeared in opposition. Mayor Sitton closed the hearing at 11:17 a. in. Randy Henson, Senior Planner, presented staff comments. The current zoning ordinance on this parcel allows C-4 with a list of prohibited uses. The proponent is requesting amendment of the current ordinance to remove several uses from the prohibited list, gamerooms in particular. Adjacent land uses include: North — commercial South — manufactured home park East — commercial West — commercial The proposal is consistent with the Comprehensive Land Use Plan. The primary zoning discussion is the advisability of removing the prohibited uses. The list is similar to a number of zone cases outside Loop 289 on west 19th Street. The current zoning is C-4 with the following prohibited uses (Ordinance 8565): • Automobile body shops • Billboards • Commercial private clubs and teenage clubs • Dancehall • Feed store • Furniture store • Gameroom, pool billiard or domino parlor • Motorcycle shop • Public kennel • Second-hand good (sic) store or pawn shop • Used car lot 29 Regular City Council Meeting January 10, 2002 Page 30 A subsequent ordinance allowed gamerooms when the facility was in conjunction with a restaurant. The application indicates the desire to remove the furniture store; gameroom portion of the gameroom, pool, billiard or domino parlor; motorcycle shop and second-hand good store or pawnshop. A gameroom is open in the strip center currently because of a miscommunication or misunderstanding regarding the proposed location when the permit was requested. The commercial area to the north of 19th is zoned correctly for the gameroom, and the error was due to a presumption that the building on the north side was the intended location. As noted, the gameroom prohibition as well as three others was included for amendment. In terms of past zone case discussions and amendments along west 19th Street, the staff and Planning Commission are not opposed to the removal of the furniture store (the term actually should be "furniture store, used"), and gameroom from the prohibited list. An inquiry from an adjacent property owner indicates concerns about allowing the gameroom and the motorcycle shop. The representative expressed concern about lights and noise of the new business and the effect on the future development of the trailer park. The Commission pointed out that there is a second row of commercial buildings between the new business and the vacant land to the south, and that the new business location is not visible from the trailer park or undeveloped area. The representative reiterated that the owner of the trailer park is in opposition to allowing the gameroom. The staff is of the opinion that the second hand good(s) store or pawnshop and motorcycle shop are not in keeping with the balance of uses along the street, or at least the objective of future uses on this major entryway to Lubbock. If approved, the new prohibited list would be: • Automobile body shops • Billboards • Commercial private clubs and teenage clubs • Dancehall • Feed store • Pool, billiard or domino parlor (gameroom permitted) • Motorcycle shop • Public kennel • Second hand goods store or pawn shop • Used car lot The proposed change should have no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this ordinance. Staff supported recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2000- 00004 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 30 Regular City Council Meeting January 10, 2002 Page 31 (37.) Ordinance No. 2002-00005/ZONE CASE No. 1917-E (307 Frankford Avenue): Hold a public hearing to consider request of Kendall Howard (for Westwind Mini -Storage & U-Haul) for a zoning change from C-3 to C-4 to allow for truck/trailer rental and all unconditionally permitted C-3 uses on Tract N, Westwind Addition, and to consider ordinance. ORDINANCE NO. 2002-00005 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1917-E; A ZONING CHANGE FROM C-3 TO C-4 ZONING TO ALLOW FOR TRUCK/TRAILER RENTAL AND ALL UNCONDITIONALLY PERMITTED C-3 USES ON TRACT N, WESTWIND ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:16 a. in. No one appeared on behalf of Westwind Mini -Storage & U-Haul. No one appeared in opposition. Mayor Sitton closed the hearing at 11:17 a. in. Randy Henson, Senior Planner, presented staff comments. The proponent recently developed the parcel east of this request as a mini - warehouse project. At that time, the entire parcel was zoned C-3. In conjunction with the storage locker business he began leasing lease trucks and trailers from a national franchise, but the current C-3 zoning does not accommodate that as a permitted use. The request is to allow the truck/trailer rental as the only permitted use from C-4 and the current C-3 list of permitted uses. Adjacent land uses include: North — residential South — commercial East — commercial West commercial As commercial, the proposal is reasonably consistent with the Comprehensive Land Use Plan. The Plan advocates C-4 only on regional streets (Frankford is a Farm to Market). In addition, the full impact of C-4 is diminished by the proposal to allow only one permitted use from C-4. Regarding zoning policy, most of the recent cases allowing truck/trailer rental have required that only one or two units be displayed adjacent to the street. The remainder of the units should be stored either in the mini - warehouse compound or in the parking lot for the existing office (which is approximately 100-feet from Frankford), and the business owner should propose a maximum number of units to be located on the property. The smaller rental lots have never caused much concern. The large, full service rental lots with a huge inventory have caused visual and clutter issues at other locations in town. One adjacent resident asked questions and seemed satisfied with the request. The area where the trucks are to be parked will be paved and an extension of the screening fence will be made. The Planning and Zoning Commission recommended approval of this ordinance subject to the following conditions: 1. The property shall be zoned C-4 limited to truck/trailer rental and all permitted C-3 uses. 31 Regular City Council Meeting January 10, 2002 Page 32 2. A maximum of two rental units may be displayed within 100 feet of the west property line of the parcel (on Frankford). 3. A maximum of 15 units shall be stored for lease on the parcel. Staff supported recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2000- 00005 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (38.) Ordinance No. 2002-00006/ZONE CASE NO. 2925 (south of 107th Street and east of Indiana Avenue): Hold a public hearing to consider request of John Mosser (for Roman Catholic Diocese of Lubbock) for a zoning change from T to A-2 limited to church and church related uses on an unplatted 12-acre tract of land out of Section 19, Block E-2, and to consider ordinance. ORDINANCE NO. 2002-00006 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2925; A ZONING CHANGE FROM T TO A-2 ZONING LIMITED TO CHURCH AND CHURCH RELATED USES ON AN UNPLATTED 12-ACRE TRACT OF LAND OUT OF SECTION 19, 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 11:16 a. in. No one appeared on behalf of Roman Catholic Diocese of Lubbock. No one appeared in opposition. Mayor Sitton closed the hearing at 11:17 a. in. Randy Henson, Senior Planner, presented staff comments. The request is for a church. Adjacent land uses include: North school site South — vacant East — proposed residential West proposed residential The proposal is consistent with both Comprehensive Land Use Plan and Zoning policy. The Plan contemplates that churches should be located on thoroughfares, on the perimeter of neighborhoods. This proposed site meets both criteria. The proposal should have no negative effect on the thoroughfare system The Planning and Zoning Commission recommended approval of this request as A-2 subject to the following condition: Limited to a church and church related uses. Staff supported recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2000- 00006 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 32 Regular City Council Meeting January 10, 2002 Page 33 (39.) Ordinance No. 2002-00007/ZONE CASE NO. 2926 (south of 98th Street and west of Quaker Avenue): Hold a public hearing to consider request of Lakeridge South, L.P. for a zoning change from T to C-3, R-1 Specific Use for garden homes and R-1 Specific Use for reduced front setback on an unplatted 127.29 acre tract of land out of Section 16, Block E-2, and to consider ordinance. ORDINANCE NO. 2002-00007 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2926; A ZONING CHANGE FROM T TO C-3, R-1 SPECIFIC USE ZONING FOR GARDEN HOMES AND R-1 SPECIFIC USE ZONING FOR REDUCED FRONT SETBACK SPECIFIC USE ON AN UNPLATTED 127.29 ACRE TRACT 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 Sitton opened the public hearing at 11:16 a. m. No one appeared on behalf of Lakeridge South, L.P. No one appeared in opposition. Mayor Sitton closed the hearing at 11:17 a. in. Randy Henson, Senior Planner, presented staff comments. The proposal is a comprehensive request on the quarter section south of 98th Street and west of Quaker. Adjacent land uses: North — 981" Street South — residentially zoned East — Quaker and nonconforming commercial West — residentially zoned An area adjacent to 98th is proposed as C-3. For residential, an area centered on a cul-de-sac of Toledo is proposed as R-1 Specific Use for garden homes while the balance of the property is proposed as R-1 Specific Use for a twenty foot front setback including a five foot minimum setback on cul-de-sac lots. The proposal is consistent with both the Comprehensive Land Use Plan and zoning policy. The future C-3 development is uncertain enough that the standard site plan review by the Planning Commission prior to a construction permit would be an asset. As a condition attached to the plat, the area on the south end of the plat is proposed to be redesigned by the proponent to better fit with the future hike and bike trail along the SPS easement on the half section. This subdivision is the first to be proposed after the project was approved by the City Council as future linear open space. Proposed plats along the corridor will be requested to treat the trail as an asset rather than backing or siding up to it along the entire length. The proposal will not affect the thoroughfare plan in a manner not expected by a project of this size. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. Proposed lots 359-374 shall be garden home lots. 2. The balance of the residential lots shall provide a minimum of a twenty -foot front setback except that cul-de-sac lots may have a minimum of five feet of setback with the 33 Regular City Council Meeting January 10, 2002 Page 34 exception of any garage, which shall have a minimum of twenty feet of setback. 3. On the C-3 portion, a site plan, including building elevations showing materials, color and texture, shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit. Staff supported recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2000- 00007 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. MISCELLAENOUS (40.) Ordinance No. 2002-00008 ordering the 2002 Regular Municipal Election of the City of Lubbock; indicating those officers to be elected; providing for an electronic voting system to be used; establishing polling places; appointing election judges; establishing hours for voting; adopting the sealed ballot box procedure; providing for early voting; directing the City Secretary to give notice of the Regular Municipal Election of the City of Lubbock; and providing an effective date (first reading). ORDINANCE NO.2002-00008 AN ORDINANCE ORDERING THE 2002 REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK; INDICATING THOSE OFFICERS TO BE ELECTED; PROVIDING FOR AN ELECTRONIC VOTING SYSTEM TO BE USED; ESTABLISHING POLLING PLACES; APPOINTING ELECTION JUDGES; ESTABLISHING HOURS FOR VOTING; ADOPTING THE SEALED BALLOT BOX PROCEDURE; PROVIDING FOR EARLY VOTING; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF THE REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK; AND PROVIDING AN EFFECTIVE DATE. 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 order a Regular City Election for the election of municipal officers to be held on May 4, 2002, pursuant to the Texas Election Code, the Lubbock City Charter and City ordinances. Said election shall be for the purpose of electing the following officers of the City of Lubbock: MAYOR (AT LARGE) 2 YEAR TERM COUNCIL MEMBER, DISTRICT 1 4 YEAR TERM COUNCIL MEMBER, DISTRICT 3 4 YEAR TERM COUNCIL MEMBER, DISTRICT 5 4 YEAR TERM An electronic voting system shall be used for this election, including early voting. Said City general election shall be held at the places in the City of Lubbock hereinafter designated as voting precincts and in the voting places designated in Exhibit "A". Voting places shall be open from 7:00 a.m. to 7:00 p.m., and all electors shall vote in the precinct of their residence unless such precinct shall be consolidated with another precinct as indicated in Exhibit "A". The sealed ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code, shall be used for this election. 34 Regular City Council Meeting January 10, 2002 Page 35 Judges to conduct said General City Election on May 4, 2002: In the event any named person is unable to serve for any reason, the City Secretary of the City of Lubbock is hereby authorized and directed to make such substitutions as may be required and to amend Exhibit "A" hereto as required. Each presiding judge so named is authorized to appoint the number of clerks authorized by the City Secretary of the City of Lubbock, which number shall not be less then two clerks nor more than six clerks. The alternate judges shall serve as presiding judges in the event that the regularly appointed presiding judge is unable to serve. The alternate judges shall be appointed by the presiding judge to serve as one of the clerks in the event that the regularly appointed presiding judge conducts the election. Early voting by personal appearance shall commence on the 17th day of April, 2002, and end on the 30th day of April, 2002. Said early voting shall be conducted at the locations, days and hours indicated on Exhibit «B" The City Secretary of the City of Lubbock is ordered to cause publication of this ordinance ordering the General City election of municipal officers in a newspaper of general circulation at least once no earlier than the 30th day nor later than the loth day before election day. In addition, a copy of this ordinance shall be posted not later than the 21 st day before election day on the bulletin board used for posting notices of meetings of the governing body and a notice of consolidation shall be posted not less than 20 days before election day at any polling places not consolidated at the last previous election, which notice shall indicate the precinct of consolidation and the location of the new polling place. The City Secretary shall serve a duly certified copy of the ordinance upon each of the presiding judges named in Exhibit "A" not later than the seventh day after the signing of this ordinance or the 15th day before election day, whichever is later. This ordinance shall become effective upon final passage by the City Council of the City of Lubbock. Staff recommended approval of this ordinance. Councilmember Cooke stepped away from the dais. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2000- 00008 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (41.) Ordinance No. 2002-00009 amending Chapter 8 of the Code of Ordinances of the City of Lubbock, Texas, by amending the language of Section 8-4 with regard to voting precincts and voting places as required by state law due to changes in voting precincts made by Lubbock County pursuant to the order of the U.S. District Court in the state redistricting case of Balderas v. State of Texas (ED Tex. No 6:01 CV158); providing a map of the voting precincts and districts of the City of Lubbock; providing a savings clause; providing that all portions of Chapter 8 not amended shall remain the same; providing for publication; and providing an effective date (first reading). ORDINANCE NO. 2002-00009 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 8-4 WITH REGARD TO VOTING PRECINCTS AND VOTING PLACES AS REQUIRED BY STATE LAW DUE TO CHANGES IN VOTING PRECINCTS MADE BY LUBBOCK COUNTY PURSUANT TO THE 35 Regular City Council Meeting January 10, 2002 Page 36 ORDER OF THE U.S. DISTRICT COURT IN THE STATE REDISTRICTING CASE OF BALDERAS V. STATE OF TEXAS (ED TEX. NO 6:01CV158); PROVIDING A MAP OF THE VOTING PRECINCTS AND DISTRICTS OF THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The U.S. District Court on November 28, 2001 entered an order approving the realignment of certain voting precinct boundaries in Lubbock County in connection with Balderas v. State of Texas. Lubbock County on December 10, 2001, established two new county voting precincts within the City of Lubbock and realigned two other precinct boundaries to comply with said Court order. Section 42.061 of the Texas Election Code requires the City of Lubbock to align its voting precincts with those of Lubbock County except where the city limits line intervenes. Such changes to voting precinct boundaries will not affect the City of Lubbock's voting districts. Certain other changes need to be made with regard to City of Lubbock voting locations in various city voting precincts due to unavailability of past voting locations, redistricting, and other causes. Subsection 8-4(a) of the Code of Ordinances of the City of Lubbock, Texas is hereby amended to read as follows with regard to Voting Precinct Nos. 57 and 112 and adding new Voting Precinct Nos. 115 and 116: Voting Precinct No. 57. Beginning at the intersection of Alcove Avenue and 19th Street; thence east along 19th Street to its intersection with Milwaukee Avenue; thence south along Milwaukee Avenue to its intersection with the Lehman Branch of the West Texas and Lubbock Railroad; thence northwest along the Lehman Branch of the West Texas and Lubbock Railroad to a point 660 feet west of the centerline of Milwaukee Avenue, thence north along a line parallel to and 660 feet west of the centerline of Milwaukee Avenue to a point 660 feet south and 660 feet west of the intersection of Milwaukee Avenue and 34th Street, thence west along a line parallel to and 660 feet south of the centerline of 34th Street to its intersection with Alcove Avenue, thence north alone Alcove Avenue to the point of beginning. The voting place shall be St. Theresa Catholic Church. Voting Precinct No. 112. Beginning at a point in the north right-of-way line of U.S. Highway 62 that is 660 feet west of the centerline of Upland Avenue; thence north along a line (the city limits) parallel to and 660 feet west of the centerline of Upland Avenue to its intersection with Lehman Branch of the West Texas and Lubbock Railroad, thence southeasterly along the Lehman Branch of the West Texas and Lubbock Railroad to a point 660 feet west of the extension of the centerline of Milwaukee Avenue, thence south a long a line parallel to and 660 feet west of the extension of the centerline of Milwaukee Avenue to its intersection with the north right-of-way line of U.S. Highway 62, thence southwesterly along the north right-of-way line of U.S. Highway 62 to the point of beginning. The voting place shall be consolidated with the nearest permanent voting location in the same district until such time as a suitable public building and population increase require the establishment of a permanent voting location. Voting Precinct No. 115. Beginning at a point 660 feet south and 660 feet west of the intersection of 34th Street and Upland Avenue; thence east along a line 660 feet south of and parallel to the centerline of 34th Street to a point 660 feet south and 660 feet west of the intersection of 34th Street and Milwaukee Avenue, thence south along a line 660 feet west and parallel to Milwaukee Avenue to the intersection with the Lehman Branch of the West Texas and Lubbock Railroad; thence northwesterly along the 36 Regular City Council Meeting January 10, 2002 Page 37 West Texas and Lubbock Railroad to a point 600 feet west of Upland Avenue, thence north along a line (the city limits) 660 feet west of and parallel to Upland Avenue to the point of beginning. The voting place shall be consolidated with the nearest permanent voting location in the same district until such time as a suitable public building and population increase require the establishment of a permanent voting location. Voting Precinct No. 116. Beginning at the point of intersection of the Lehman Branch of the West Texas and Lubbock Railroad and a point 150 feet west of the west section line of Section 37, Block AK, thence south along a line 150 feet west of and parallel to the west section line of Section 37, Block AK and Section 36, Block AK to its intersection with the Seagraves Branch of the West Texas and Lubbock Railroad, thence southwesterly along the Seagraves Branch of the West Texas and Lubbock Railroad to a point 660 feet west of and parallel to the west section line of Section 36, Block AK and Section 37, Block AK to its intersection with the Lehman Branch of the West Texas and Lubbock Railroad to the point of beginning. The voting place shall be consolidated with the nearest permanent voting location in the same district until such time as a suitable public building and population increase require the establishment of a permanent voting location. Voting Precinct No. 58. The voting place shall be consolidated with the nearest permanent voting location in the same district until such time as a suitable public building and population increase require the establishment of a permanent voting location. Voting Precinct No. 63. The voting place shall be consolidated with the nearest permanent voting location in the same district until such time as a suitable public building and population increase require the establishment of a permanent voting location. Voting Precinct No. 93. The voting place shall be consolidated with the nearest permanent voting location in the same district until such time as a suitable public building and population increase require the establishment of a permanent voting location. Voting Precinct No. 96. The voting place shall be consolidated with the nearest permanent voting location in the same district until such time as a suitable public building and population increase require the establishment of a permanent voting location. Voting Precinct No. I IL The voting place shall be the Disabled American Veterans — Chapter 44 building, 7444 83rd Street. Staff recommended approval of this ordinance. Councilmember Cooke returned to the dais. Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2000- 00009 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (42.) Resolution No. 2002-R0019 appointing five members to the Board of Directors for the Central Business District Tax Increment Financing Reinvestment Zone and appointing one of those as Chairman of the Board. 37 Regular City Council Meeting January 10, 2002 Page 38 RESOLUTION NO.2002-R0019 WHEREAS, the City of Lubbock has established the Central Business District Tax Increment Financing Reinvestment Zone for the City of Lubbock pursuant to the Tax Increment Financing Act ("Act") for the purpose of encouraging development and redevelopment; and WHEREAS, the City Council of the City of Lubbock desires to appoint five members to the Board of Directors for the Central Business District Tax Increment Financing Reinvestment Zone ("the Zone"); and WHEREAS, the City Council also desires to appoint one of these members to serve as chairman of the Board of Directors; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT the following individuals who are qualified voters in the City of Lubbock or who are at least 18 years of age and own real property in the Zone, are hereby appointed as members of the Board of Directors for the Tax Increment Financing Reinvestment Zone for the Central Business District of the City of Lubbock: Merle Blosser R. J. Givens M. Dolores Milhous Brent Noble Jim Shearer SECTION 2: THAT two of the five individuals appointed in Section 1 shall serve a one year term and the other three individuals shall serve two year terms as determined by drawing lots; and SECTION 3: THAT Merle Blosser shall serve as chairman of the Board of Directors of the Central Business District Tax Increment Financing Reinvestment Zone until January 1, 2003; and SECTION 4: THAT this resolution shall be effective immediately upon its passage. Passed by the City Council this 1 Oth day of January, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director of Planning APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney, Office Practice The City Council has established a Tax Increment Finance District (TIF) for the Central Business District for the purpose of encouraging development and redevelopment. The statute requires that the TIF be Regular City Council Meeting January 10, 2002 Page 39 administered by a board made up of one representative from each of the jurisdictions that levy taxes within the TIF district and a number of representatives appointed by the municipality. After the City Council creates the TIF, the Board of Directors of the zone finalizes both a Reinvestment Zone project plan and financing plan. Both plans must be approved by both the TIF Board of Directors and by ordinance of the City Council. The Board is responsible for administering the TIF throughout its 20-year life span and for recommending projects to be financed with the approval of the City Council. The staff has recommended a total of 9 members for the board. One member each will be appointed by Lubbock County, Lubbock County Hospital District, the Lubbock Independent School District and the High Plains Underground Water Conservation District, leaving 5 appointments to be made by the City Council. The School District will not be able to participate in the TIF, but by state statute must still have a representative on the board. TIF Board representatives must be qualified voters of the municipality; or at least 18 years of age and owners of real property in the TIF zone. A list of owners of real property in the area is available in the Planning Department should Council members wish to consult it. The Council must also appoint one of these members to serve as Chairman of the Board of Directors for the remainder of 2001 and all of 2002. The staff recommended that Council appoint five members and designate a chairperson so that final project and financing plans can be completed during early 2002. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 2000-R0019 as recommended by staff and to appoint Merle Blosser, Chairman, R. J. Givens, Delores Milhouse, Brent Noble and Jim Shearer to the Board of Directors for the Central Business District Tax Increment Financing Reinvestment Zone. Motion carried: 5 Yeas, 0 Nays. Councilmembers Hernandez and McDougal recused themselves. (43.) Consider one appointment to the Appointments Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Molly Manning to the Appointments Advisory Board. Motion carried: 7 Yeas, 0 Nays. (44.) Consider two appointments to the Citizens Traffic Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Abel Martinez and Renee Underwood to the Citizens Traffic Commission. Motion carried: 7 Yeas, 0 Nays. (45.) Consider eight appointments to the Community Relations Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint James Bonner Bennett, Dr. Safei Hamed, Juan Mancias, Martha Medina, Dr. Michael Passmore, McKinley Shepherd, Cara Speer and Gail Tutino to the Community Relations Commission. Motion carried: 7 Yeas, 0 Nays. (46.) Consider one appointment to the Keep Lubbock Beautiful Advisory Committee. 39 Regular City Council Meeting January 10, 2002 Page 40 Motion was made by Councilmember Cooke, seconded by Councilmember :Patterson to appoint Kay Phelps to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 7 Yeas, 0 Nays. (47.) Consider one appointment to the Lubbock Libraries Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Christine Seger to the Lubbock Libraries Board. Motion carried: 7 Yeas, 0 Nays. (48.) Consider one appointment to the Park and Recreation Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Suzanne King to the Parks and Recreation Board. Motion carried: 7 Yeas, 0 Nays. (49.) Consider six appointments to the Urban Design and Historic Preservation Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Don Bundock, Dr. Gail House, Eileen Johnson, Sally Loden, Russ Plowman and Brenda Sheppard to the Urban Design and Historic Preservation Commission. Motion carried: 7 Yeas, 0 Nays. (50.) Consider one appointment to the Youth Commission -Students. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Anita Gutierrez to the Youth Commission -Students. Motion carried: 7 Yeas, 0 Nays. (51.) Consider four appointments to the Zoning Board of Adjustment. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Billie Jean Caviel, Mitchell Hankins, Winn Sikes and Maggie Trejo to the Zoning Board of Adjustment. Motion carried: 7 Yeas, 0 Nays. 11:21 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 1:20 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Nelson adjourned the meeting. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST - Rebecca Garza, City Secretary Read and approved this 13 " day of A'Za e al,— , 200Z. /S/ WINDY SITTON WINDY SITTON, MAYOR AT i ES7 : Retie ca Garza, City Secretary lrj'