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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/28/2002CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2002 7:30 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 28th day of February, 2002, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A.M. 7:32 A.M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Councilmember Victor Hernandez, Councilmember Marc McDougal, and Councilmember David Nelson, Absent: Mayor Pro Tem Alex "Ty" Cooke, Councilmember Frank W. Morrison, and Councilmember T.J. Patterson 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 deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Human Resources; Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Water Utilities). 7:33 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) and take appropriate action. ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Human Resources; 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: Citizens Traffic Commission Community Relations Commission North Overton Tax Increment Finance District Board (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Water Utilities). Regular City Council Meeting February 28, 2002 Page 124 9:42 A.M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. (6.) Discussion of North Overton Project and Tax Increment Finance District. Bob Cass, City Manager (60 minutes) Council was briefed on the proposed TIF at the December 13 Council meeting. At that time, staff was authorized to proceed with the TIF study. Craig Farmer, Managing Director of Planning, and Larry Cline of Schrader and Cline, the City's TIF consultants, were present to discuss any results of the study and to provide any background information for the Council. The purpose of this presentation, however, was also to discuss the overall issues facing the community and the municipal organization relative to the North Overton project. Representatives from Texas Tech and the developer were present to answer any questions that Council might have regarding this project. Senator Robert L. Duncan, Victor M. Mellinger, Associate General Council, Texas Tech University Health Sciences Center and Delbert McDougal responded to questions asked by Council. No action is required on this item. 10:40 A.M. WORK SESSION RECESSED 10:59 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank W. Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: None. Mayor Sitton called the meeting to order at 10:59 A. M. ( 7.) Pastor Carl Toti, Trinity Church, gave the invocation. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: Rubye Donaldson Edna Garcia (unable to attend) Roshan Mehdiabadi Board of Health Receiving: Dr. John Selby (unable to attend) Community Relations Commission Receiving: Earnest Merritt Marisela Olivas (unable to attend) Susan Poff Warlean Reed 124 Regular City Council Meeting February 28, 2002 Page 125 Culture and Arts Commission Receiving: Don Kittrell Keep Lubbock Beautiful Advisory Committee Receiving: Sue Aparicio Shelby Crews Susan White Neighborhood Redevelopment Commission Receiving: John Carroll Parks and Recreation Board Receiving: Andr6 Howard (unable to attend) Zoning Board of Adjustment Receiving: Larry Lowe CITIZENS APPEARANCES (9.) Presentation of a proclamation to the American Business Club commemorating March 7-9, 2002, as ABC; Rodeo Days in Lubbock. For the past 60 years, the ABC Rodeo has contributed to the quality of life in our community. By providing rodeo proceeds to help sponsor Lubbock's three Boys and Girls Clubs, a longstanding tradition of helping local youth has been established. Each year, members of the American Business Club dedicate personal time and effort in organizing the ABC Rodeo, and they work hard to ensure that it is a quality event. Scott Brown, Chairman of the 2002 ABC Rodeo, accepted the proclamation commemorating March 7-9, 2002, as ABC Rodeo Days in Lubbock. (10.) Presentation of a proclamation to the International Cultural Center of Texas Tech University commemorating March 1-7, 2002, as International Week in Lubbock. International Week, presented annually by Texas Tech University's Office of International Affairs, accentuates the many cultures represented at Texas Tech and in Lubbock. The week is a continuation of a tradition that focuses on all nationalities and peoples, as well as on all students, faculty, and community members who are interested in multicultural and intercultural experiences and professions. Diverse activities have been organized and sponsored by academic, administrative and student affairs groups from across the campus. Jane Bell from the Office of International Affairs at Texas Tech University accepted a proclamation to the International Cultural Center of Texas Tech University commemorating March 1-7, 2002, as International Week in Lubbock. CONSENT AGENDA (Items Nos. 11, 12, 14-16, 18-40 Motion was made by Councilmember McDougal, seconded by Councilmember Morrison to approve Items 11, 12, 14-16, 18-40 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (11.) Approval of Minutes: February 7, 2002 Special City Council Meeting 125 Regular City Council Meeting February 28, 2002 Page 126 (12.) Ordinance No. 2002-00011-ZONE CASE NO. 2927 (7405 Brownfield Road): Request of Tom Scarborough for a zoning change from T to IHC on an unplatted 9.74-acre tract of land out of Section 31, Block AK (second and final reading). ORDINANCE NO. 2002-00011 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2927; A ZONING CHANGE FROM T TO IHC ZONING ON AN UNPLATTED 9.74 ACRE TRACT OF LAND OUT OF SECTION 31, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Next item to be considered was Item No. 14. (13.) Ordinance No. 2002-00012-ZONE CASE NO. 2163-B (2717 3'd Street): Request of SpectraSite Communications (for Cingular Wireless -Randy Mannino/Agent) for a zoning change from IHC to IHC Specific Use for a telecommunications tower on a 2,500 square foot parcel out of the east 130.33 feet of Lot A, Blankenship Addition No. 2 (second and final reading). This item was moved to Regular Agenda and was considered following Item No. 40. ORDINANCE NO. 2002-00012 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2163-B; A ZONING CHANGE FROM IHC TO IHC SPECIFIC USE ZONING ON A 2500-SQUARE-FOOT PARCEL OUT OF THE EAST 130.33 FEET OF LOT A, BLANKENSHIP ADDITION NO. 2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to pass on second reading Ordinance No. 2002-00012 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal recused himself. Next item to be considered was Item No. 17. (14.) Ordinance No. 2002-00013-ZONE CASE NO. 2928 (5229 73`d Street): Request of Hugo Reed and Associates, Inc. (for Lubbock Legacy Homes, Inc., Linn Lee) for a zoning change from R-1 to R-2 for a duplex on Lot 62, South Acres Addition (second and final reading). This item was considered following Item No. 12. ORDINANCE NO. 2002-00013 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2928; A ZONING CHANGE FROM R-1 TO R-2 ZONING ON LOT 62, SOUTH ACRES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 126 Regular City Council Meeting February 28, 2002 Page 127 (15.) Ordinance No. 2002-00014-ZONE CASE NO. 1875-U (6801 19'h Street): Request of Hugo Reed and Associates, Inc. (for CMH, Inc., Wes Tulley) for a zoning change from R-1 Specific Use (mobile home park) to C-4 Specific Use for a mini -storage on a 5.29 acre tract of land on Lot 2, Commander's Addition (second and final reading). ORDINANCE NO. 2002-00014 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1875-U; A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-4 SPECIFIC USE ZONING ON A 5.29 ACRE TRACT OF LAND ON LOT 2, COMMANDER'S ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) Ordinance No. 2002-00015-ZONE CASE NO. 2816-A (1701 761h Street, 7502 Avenue P, 7516 Avenue P, 7501 Paris Avenue, 7502 Paris Avenue, 7513 Paris Avenue, 7514 Paris Avenue, 7501 Quanah Avenue, 7502 Quanah Avenue, 7512 Quanah Avenue, 7513 Quanah Avenue): Request of South Mesa II, Ltd. to amend Ordinance No. 10073 (R-1 Specific Use) to allow reducing the side street setback from 10 feet to 5 feet on Lots 258, 264, 265, 270, 275, 276, 282, 283, 289, 290, 296, 297, 304 and 305, South Mesa Addition (second and final reading). ORDINANCE NO. 2002-00015 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2816-A; AMEND ORDINANCE NUMBER 10073 BY ADDING CONDITIONS TO ALLOW THE REDUCTION OF THE SIDE STREET SETBACK FROM 10 FEET TO 5 FEET ON LOTS 258, 264, 265, 270, 275, 276, 282, 283, 289, 290, 296, 297, 304 AND 305, SOUTH MESA ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO AMENDED CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Next item to be considered was Item No. 18. (17.) Ordinance No. 2002-00016-ZONE CASE NO. 2930 (south of 8`h Street to Main Street between Avenue W and Avenue V): Request of Burl W. Masters (for McDougal Properties) for a zoning change from R-2 and A-2 to A-2 for an apartment project on Lots 1-24, Blocks 68, 69 and 70, Overton Addition (second and final reading). This item was moved to Regular Agenda and was considered following Item No. 13. ORDINANCE NO. 2002-00016 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2930; A ZONING CHANGE FROM R-2 and A-2 TO A-2 ZONING ON Lots 1-24, Blocks 68, 69 and 70, Overton Addition, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to pass on second reading Ordinance No. 2002-00016 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 127 Regular City Council Meeting February 28, 2002 Page 128 Councilmember McDougal recused himself. Next item to be considered was Item No. 41. (18.) Ordinance No. 2002-00017 amending Chapter 26 of the Code of Ordinances of the City of Lubbock, Texas, by amending Section 26- 11 providing for the taxation of leased motor vehicles by suspending the collection of the tax on leased motor vehicles as provided in Ordinance No. 2001-00094 (first reading). This item was considered following Item No. 16. ORDINANCE NO. 2002-00017 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 26-11 PROVIDING FOR THE TAXATION OF LEASED MOTOR VEHICLES BY RESCINDING THE DECISION TO IMPOSE SUCH TAX, OR, IN THE ALTERNATIVE SUSPENDING THE COLLECTION OF THE TAX ON LEASED MOTOR VEHICLES AS PROVIDED IN ORDINANCE NO. 2001-00094; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF. For many years, automobiles leased for either business or personal purposes have been subject to ad valorem taxation. Approximately two sessions ago, the State of Texas authorized a vote on a constitutional amendment which was designed (if successful) to rescind that tax. The voters did approve that proposition. During the last session of the State Legislature, enabling legislation was put into place, but a provision was allowed which enabled cities to "opt out" of the arrangement. Those cities that chose to opt out before December 31, 2001, would be able to continue assessing the tax. Hearing nothing from the automobile industry, and not having a definitive estimate as to the amount of tax revenue that might be impacted, the City staff brought to the Council an ordinance which enabled us to continue assessing the tax. Since that time, staff has been able to more closely identify the potential revenue losses and have determined that they are not so great (approximately $50,000 per year) that staff believes continued assessment of the tax is appropriate. It appears to staff that continuing to assess the tax, where other adjacent jurisdictions may not choose to do so, will simply have the impact of hurting local businesses while producing no material gain for the City. With that in mind, this ordinance has been prepared which will enable the City to suspend collection of that tax so that our local dealers can participate on an equal footing with other dealers in the State of Texas. Staff recommended approval of first reading of this ordinance. (19.) Ordinance No. 2002-00018 abandoning and closing a portion of 2❑d Place lying South of and adjacent to Lot 1-A Kimbell Addition, a portion of 3d Street lying south of and adjacent to Blocks 2 & 3, Liff Sanders Addition, a portion of Avenue G lying East of and adjacent to Lots 12-14, Block 1 and Lots 8-14, Block 2, Liff Sanders Addition, a portion of Avenue F lying East of and adjacent to Block 3, Liff Sanders Addition, the 20-foot alley lying East of and adjacent to Lots 1-3, Block 1, Liff Sanders Addition, the 20-foot alley lying East of and adjacent to Lots 1-7, Block 2, Liff Sanders Addition, and the 20- foot alley lying South of and adjacent to Lots 1-6, Block 3, Liff Sanders Addition to the City of Lubbock ( 220 Avenue G) (first reading). 128 Regular City Council Meeting February 28, 2002 Page 129 ORDINANCE NO. 2002-00018 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 2ND PLACE LYING SOUTH OF AND ADJACENT TO LOT 1-A, KIMBELL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, THAT PORTION OF 3RD STREET LYING SOUTH OF AND ADJACENT TO BLOCKS 2 & 3, LIFF SANDERS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, THAT PORTION OF AVENUE "G" LYING EAST OF AND ADJACENT TO LOTS 12-14, BLOCK 1, AND LOTS 8-14, BLOCK 2, LIFF SANDERS ADDITION, THAT PORTION OF AVENUE `F' LYING EAST OF AND — ADJACENT TO BLOCK 3, LIFF SANDERS ADDITION, THE 20 FOOT ALLEY LYING EAST OF AND ADJACENT TO LOTS 1 - 3, BLOCK 1, LIFF SANDERS ADDITION, THE 20 FOOT ALLEY LYING EAST OF AND ADJACENT TO LOTS 1-7, BLOCK 2, LIFF SANDERS ADDITION AND THE 20 FOOT ALLEY LYING SOUTH OF AND ADJACENT TO SAID LOTS 1-6, 13LOCK 3, LIFF SANDERS 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. All of these street and alley areas being abandoned and closed are for the new Watson/Sysco food warehouse building and existing facilities expansion replats. These street and alley areas are located east of Buddy Holly Avenue, west of I-27, and north of 3`d Place. Total area being closed is 127,134.7-square feet and these areas were appraised at $00.30 per square foot and $00.15 per square foot for a total value of $28,605.30. Of these areas being closed, 109,914.7-square feet will remain as an easement area for utilities, drainage, and/or garbage service and result in a credit against the amount due. The remainder of the area, 17,220 square feet, will not be left as easement. The total amount due the City for these closures will be $14,203.73. All utilities are in agreement with these closures. It is possible that by the time the final plat is ready and the ordinance is placed on the Council agenda for second reading, the legal description of the areas being closed could change slightly due to additional area being incorporated into the replat. Staff recommended approval of first reading of this ordinance. (20.) Resolution No. 2002-R0067 authorizing the Mayor to execute a monitor well permit with the High Plains Underground Water Conservation District for use of a City Street (1702 291h Street). RESOLUTION NO. 2002-R0067 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and the High Plains Underground Water Conservation District. Said agreements are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 129 Regular City Council Meeting February 28, 2002 Page 130 Passed by the City Council this 28th day of February, 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/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreements is filed with Resolution NO. 2002-R0067. This monitor well permit allows the Conservation District's engineering firm, Arcadis, to drill a monitor well in the north right-of-way of 29`'' Street, just west of Avenue Q. The High Plains Underground Water Conservation Office at the northwest corner of 30' and Avenue Q had an underground leaking fuel tank and the TNRCC has requested that they go off site with a monitor well to determine if or how far this fuel contamination has spread and recommended by letter that a monitor well be drilled at this location. This permit is for 20 years, payable every five years in advance. All utilities are in agreement and the City will receive $100 per year for this well location. Staff recommended approval of this resolution. (21.) Resolution No. 2002-R0068 authorizing the Mayor to execute a partial release and cancellation of lease with Texas Tech University for the Marsha Sharp Freeway (4th and University). RESOLUTION NO. 2002-R0068 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Partial Release and Cancellation of Lease between the City of Lubbock and Texas Tech University, and any other related documents. Said Release is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 28th day of February, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 130 Regular City Council Meeting February 28, 2002 Page 131 APPROVED AS TO CONTENT: /s/ Ed Buc Ed Bucy, Right -Of -Way Agent /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner - - Natural Resources Attorney A copy of the Release is filed with Resolution No. 2002-R0068. In April of 1981, the City of Lubbock and Texas Tech University entered into a lease agreement for the widening of University Avenue from 4' Street to 19' Street that expires in 2030. At the present time, the Texas Department of Transportation (TxDOT) is in the process of acquiring right-of-way from Texas Tech to construct the Marsha Sharp Freeway. A title company requirement is to get a release of this lease only as it pertains to a 0.50-acre portion of University Avenue at its intersection with 4`' Street. This agreement cancels the 0.50-acre portion and releases the City and Tech from any obligations under this lease. Staff recommended approval of this resolution. (22.) Resolution No. 2002-R0069 authorizing the Mayor to execute Amendment #1 to the Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for the 501h Street (from Slide Road to West Loop 289) paving improvement project. RESOLUTION NO. 2002-R0069 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 an Amendment #1 to the Local Transportation Project Advance Funding Agreement for ,Surface Transportation Urban Mobility Rehabilitation (#CSJ: 0905-06-046) for 50`h Street between Loop 289 and Slide Road between the City and the Texas Department of Transportation, a copy of which Amendment #1 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 28th day of February, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, PE, City Engineer 131 Regular City Council Meeting February 28, 2002 Page 132 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Amendment #1 is filed with Resolution No. 2002-R0069. The City of Lubbock executed an agreement with TxDOT on September 14, 2001 for a paving improvement project to widen/reconstruct 5W, Street from Slide Road to West Loop 289. TxDOT will design, construct and administer any consultant and construction contracts with this project. Federal funding will be available for 80 % of the construction cost on this project. When the original agreement was prepared by TxDOT, they had erroneously indicated in an attachment to the agreement that there would be state participation in indirect costs of engineering and contingencies in an estimated amount of $67,173.91. This was an error. There is no state participation in the cost of this project. All funding is either from federal funds or local (City of Lubbock) funds. This amendment corrects this error. City staff was aware from the beginning that there would be no state funding for this project. Even though this amendment will increase the amount of City participation in this project, it was anticipated to be a cost to the City, and a planned, therefore budgeted, expense from the beginning of the project development. Staff recommended approval of this resolution (23.) Resolution No. 2002-R0070 authorizing the Mayor to execute an Interlocal Agreement with the City of Wolfforth, allowing the utilization of the fire training facilities owned by the City of Lubbock. RESOLUTION NO. 2002-R0070 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Contract for Use of Fire Department Training Facilities between the City of Lubbock and the City of Wolforth, and any other related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 28th day of February, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Steve Hailey Steve Hailey, Fire Chief 132 Regular City Council Meeting February 28, 2002 Page 133 APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2002-R0070. In 2001, the City of Wolfforth applied for training funds under the Fire Act Grant, for the purpose of holding a certification academy for their current and future fire fighters. This agreement will allow the City of Wolfforth to utilize the fire training facilities owned by the City of Lubbock to help accomplish their training goal. As the City of Wolfforth Fire Department is an integral part of our mutual aid plan for fire protection, this training will ultimately benefit the City of Lubbock as well. Staff recommended approval of this resolution (24.) Resolution No. 2002-R0071 authorizing the Mayor to execute a contract with Chedd-Angier to produce, develop and install multi- media programming projects for the Silent Wings Museum. RESOLUTION NO. 2002-R0071 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 Media Production Agreement between the City of Lubbock Silent Wings Museum and The Chedd-Angier Production Company, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 28th day of February, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney - Office Practice A copy of the Agreement is filed with Resolution No. 2002-R0071. The Silent Wings Museum project is moving forward and is on schedule for an October 19, 2002 Grand Opeiung. The City's original commitment of $435,000 has leveraged approximately $1,765,000 into the project from other sources, for a total project budget of $2,200,000. The completion of the Silent Wings Museum, and other projects currently underway, will result in a complete transformation of the west side of Lubbock International Airport over the coming months. 133 Regular City Council Meeting February 28, 2002 Page 134 Inside the museum, the exhibit development process is well underway. The static exhibits funded in the current museum budget are shown on the attached progress drawing. The planned exhibits and interpretive material will do an adequate job of telling the Silent Wings story. However, budget restraints have kept us from including some of the high-tech, interactive exhibits that would really make the museum experience special. These projects will be added to the museum as funding becomes available. Among the high-tech projects, staff has identified three that would so greatly enhance the educational experience that staff believes they should be funded now, and installed prior to the opening of the museum. Because they involve the use of "high-tech" components such as computers, DVD projectors, and the Internet, staff is recommending that they be funded out of the Technology Fund. A detailed description of each project follows: Reminiscences (2 Stations) The Reminiscences program will present the "voices" of former glider pilots recounting their experiences during the Second World War. Staff anticipates six testimonials or personal accounts that will integrate with historical film footage and panning of stills to create the six pieces that will each run approximately three minutes. Programming cost: $42,000 Hardware: • 1 DVD player • 1 NTSC Monitor • 1 Trackball/Button • 1 Parabolic Speaker Hardware cost: $15,000 Installation for both stations: $ 3,000 Total cost: $60,000 Web Link (1 Station) Web Link will allow museumgoers to visit six or seven selected websites related to gliders, including the Silent Wings Museum Virtual Archives and the Southwest Collection at Texas Tech University. Programming cost: $ 8,000 Hardware: • 1 Computer • 1 Flat Panel Monitor (use of built-in speakers) 1 Trackball/button Hardware cost: $ 7,000 Installation: $ 3,000 Total cost: $18,000 Main Theater Presentation Format: 12-15 minute program in two -screen presentation 134 Regular City Council Meeting February 28, 2002 Page 135 This theater presentation will tell the compelling story of World War II gliders and glider pilots emphasizing their role in the D-Day invasions of Sicily, Normandy, Holland, the Battle of the Bulge, and the Rhine River Crossing. The presentation will include newsreels, military documentary footage, still images and recorded personal histories. Programming cost: $39,000 Hardware: • 2 Pioneer 7400 DVD players • 2 Eiki LC-SM2 (or # Eiki LC-NB3W) projectors • 1 Amplifier • Speaker System Hardware cost: $21,000 Installation: 4,000 Total cost: $64,000 The total cost for development and installation of all three multi -media programming projects is $148,290. This amount includes a provision for reimbursable expenses in an amount not to exceed $6,290. The projects will be developed by Chedd-Angier, a world-renowned multi -media production company. This company came to us through the recommendation of HOK's E-Studio, the exhibit designer on the Silent Wings Project. Chedd-Angier has over twenty years experience in developing and producing documentaries. This company has won three national Emmy Awards and the Dupont -Columbia Award for their films and television series, and the AAM/Muse, Nebraska and IDEA awards for their museum presentations. Their multi -media works are on display in more than 100 museums and cultural centers around the world. While these are "high-tech" projects, our research indicates that these exhibits will have a long-term useful life. Staff believe that the expenditure of technology funds for this purpose will give the community a tremendous return on a moderate investment while greatly enhancing the educational experience offered at the Silent Wings Museum. Staff recommended award of contract to Chedd-Angier in the amount of $148,290 to produce, develop, and install the exhibits described above. Further, staff recommended that this contract be funded from the Technology Fund. (25.) Resolution No. 2002-R0072 authorizing the Mayor to make changes to the City of Lubbock FY2001-02 Technology Fund Budget. RESOLUTION NO. 2002-R0072 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 135 Regular City Council Meeting February 28, 2002 Page 136 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: Expenditures in the Technology Fund will be changed to account for multi- media exhibits at the Silent Wings Museum. 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. Passed by the City Council this 28th day of February, 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2002-R0072. The Silent Wings Museum project is moving forward and is on schedule for an October 19, 2002 Grand Opening. The City's original commitment of $435,000 has leveraged approximately $1,765,000 into the project from other sources, for a total project budget of $2,200,000. The completion of the Silent Wings Museum, and other projects currently underway, will result in a complete transformation of the west side of Lubbock International Airport over the coming months. Among the high-tech projects being developed, staff has identified three that would greatly enhance the educational experience and recommended implementing prior to the opening of the museum. Because they involve the use of "high-tech" components such as computers, DVD projectors, and the internet, staff is recommending that they be funded out of the Technology Fund. The total cost for development and installation of all three multi -media programming projects is $148,290. The projects will be developed by Chedd-Angier, a world-renowned multi -media production company. There will be no changes to the revenues in the Technology Fund, however, expenditures will be increased by the $148,290, utilizing fund balance. Staff recommended approval of this resolution. 136 Regular City Council Meeting February 28, 2002 Page 137 (26.) Resolution No. 2002-R0073 to fund the Demolition of Substandard Accessory Buildings project $30,000 in order to abate the presence of certain substandard and dilapidated accessory buildings throughout the City of Lubbock. RESOLUTION NO. 2002-R0073 WHEREAS, the Business and Neighborhood Development Department (the "Department") has identified a number of substandard and dilapidated accessory structures throughout the City; and WHEREAS, the existence of said substandard and dilapidated accessory structures are a hazard to the health, safety and welfare of the citizens of Lubbock and a blight on the neighborhoods of the City; and WHEREAS, the Department has purposed a pilot program, called the Demolition of Substandard Accessory Buildings project, whereby certain identified substandard and dilapidated accessory building would be demolished with the permission of said buildings' owners; and WHEREAS, the City Council of the City of Lubbock desires that the above - described pilot program be funded $30,000 in order to observe the effectiveness of said pilot program; and WHEREAS, the City Council of the City of Lubbock finds that the above - described pilot program to be a public benefit to the citizens of the City of Lubbock in that it abates the danger and blight conditions presented by the existence of said buildings; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock resolves to fund the Demolition -- of Substandard Accessory Buildings project $30,000 in order to abate the presence certain of substandard and dilapidated accessory building throughout the City of Lubbock. A detailed description of the Demolition of Substandard Accessory Buildings project is attached hereto which is hereby incorporated in this Resolution as if fully set forth, BE approved and adopted for the City of Lubbock, Texas, and shall be included in the minutes of the Council. Passed by the City Council this 28th day of February, 2002. /S/ WINDY SITTION WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Rob Allison Rob Allison, Business and Neighborhood Development Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney 137 Regular City Council Meeting February 28, 2002 Page 138 A copy of the Demolition of Substandard Accessory Buildings Project is filed with Resolution No. 2002-R0073. City staff estimates 275-plus hazardous/dilapidated accessory buildings exist in the city's residential community. These buildings are non-residential structures and create blight in the neighborhood. Staff recommended a pilot program that will demolish 50 substandard accessory buildings during the next six months. The estimated total cost of this program will be $30,000 for an average cost of $600 per structure. The intent will be to allocate $30,000 from the demolition account. The City would perform the service with the owner's permission, at no cost to the property owner, and no liens filed against the property. To implement this project, the Council will need to identify the project as a public benefit to the community through a resolution. This program proposal has been reviewed by the Business and Neighborhood Development staff as well as the Legal Department. The Structural Standards Committee voted unanimously in support of this project. Staff recommended approval of this resolution. (27.) Resolution No. 2002-R0074 authorizing the Mayor to accept a grant for first -responder equipment from the Texas Engineering Extension Service in the amount of $273,163. RESOLUTION NO. 2002-R0074 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 Understanding for a Domestic Preparedness Equipment Grant of $273,163 from the Texas Engineering Extension Service of the Texas A&M University System, and any associated documents, a copy of which Memorandum of Understanding 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 28th day of February, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ken Olson Ken Olson, Emergency Management Coordinator APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 138 Regular City Council Meeting February 28, 2002 Page 139 A copy of the Memorandum of Understanding is filed with Resolution No. 2002- R0074. The equipment purchased by TEEX under this grant was identified in the City of Lubbock's Capability and Needs Assessment and is required to improve the City's ability to respond to acts of terrorism/weapons of mass destruction incidents. The personal protection, detection, decontamination and communications equipment will provide law enforcement, fire fighters, hazmat and lab technicians with the equipment necessary to establish a communication system required for an incident/unified command system, stabilize the scene, conduct search and rescue missions, and complete the required lab test for identification of agent(s) found. This equipment will be placed in the City's departmental inventory and will be included in the appropriate replacement cycle; therefore, future funding will be required to maintain the replacement schedule. Staff recommended approval of this resolution. (28.) Resolution No. 2002-R0075 authorizing the Mayor to modify the existing contract with the U.S. Department of Health and Human Services to accept $200,000 for development of a Lubbock Metropolitan Medical Response System. RESOLUTION NO. 2002-R0075 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 Modification No. 1 to a Contract between the U.S. Department of Health and Human Services and the City of Lubbock for the development of a Lubbock Metropolitan Medical Response System, and any associated documents, a copy of which Modification No. 1 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 28th day of February, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ken Olson Ken Olson, Emergency Management Coordinator APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Modification No. 1 is filed with Resolution No. 2002-R0075. 139 Regular City Council Meeting February 28, 2002 Page 140 Under the existing contract, the City of Lubbock will be reimbursed a total of $400,000 for the completion of deliverables 1 through 11. These deliverables focus on the administration of the project, development of a plan, provide training for first responders and the purchase of pharmaceuticals and equipment required for response to a WMD incident. Modification #1 to the contract will add deliverable #12, which provides an additional $200,000 for the Acquisition of Pharmaceuticals, Equipment and Continuation and Sustainment Planning Template. With the additional funds, the total contract will be in the amount of $600,000. Staff recommended approval of this resolution. (29.) Resolution No. 2002-R0076 authorizing the Mayor to execute the necessary contract document with Steve Teeters of St. Eligius Studio for the total design, fabrication and installation of four equine sculptures at Mackenzie Park. RESOLUTION NO. 2002-R0076 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 construction of sculptures of four running horses for display at Mackenzie Park and any associated documents between the City of Lubbock and St. Eligius Studio of Lubbock, Texas, a copy of which contract 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 28th day of February, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Corbin Pemberton Corbin Pemberton, Community Projects Manager 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-R0076. In June 1999, the City Council adopted a feasibility study for the completed development of the Jim Bertram Lake System (JBLS). The plan includes the development of two additional lakes and bridge crossings to complete a 6.5-mile contiguous lake system. In addition, the plan includes recommendations for attractions, including public art, throughout the system. 140 Regular City Council Meeting February 28, 2002 Page 141 In FY 2000, $30,000 was earmarked for the initial public art project for the JBLS. Since that time, staff has researched possible art projects ranging from silhouettes to three-dimensional sculptures. In response to the Council priority of developing the lake system and Mackenzie Park as a major recreational area for visitors and citizens, it was decided to place a dynamic art piece in Mackenzie Park. Steve Teeters, a local artist, was selected for the project. The Mackenzie Park equine sculptures will be depicted as wild mustangs that were indigenous to this area after the Spanish explorers arrived in the 1500's. Four running horses, slightly larger than life size, in one grouping will consist of three adult horses and one colt. They will be forged out of mild steel, welded and then coated with a liquid bronze. Various patinas will be applied to create the paint horse look. The bronze finish will allow for easy care and maintenance. The amount for the total design, fabrication and installation of the four equine sculptures will be $38,000. Three of the horses will be funded by the original project while the fourth will be purchased from the Park Amenities capital project. The following payment schedule for this project has been set with Steve Teeters. 25 % down to secure materials and to get started 25 % when first horse is completed 25 % when next 2 horses are completed 25 % when the last horse is completed Each horse will require approximately three months to complete, therefore, this group of equine sculptures will be completed within twelve months. The four horses will be installed at Mackenzie Park near the 4`' on Broadway Evening Concert location. The sculptures will be visible from Broadway Avenue and will complement the existing equestrian trail and the planned amphitheater in Mackenzie Park as well as the American Windpower Center just south of the park. Staff recommended approval of this resolution (30.) Resolution No. 2002-R0077 authorizing the assignment by Lubbock Reese Redevelopment Authority of the funds associated with and for the purpose of conducting marketing activities in the Interlocal Agreement dated September 24, 1998, by and between the City of Lubbock and Lubbock Reese Redevelopment Authority to Market Lubbock Economic Development Corporation. RESOLUTION NO. 2002-R0077 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes for and on behalf of the City of Lubbock the assignment by Lubbock Reese Redevelopment Authority of the funds associated with and for the purpose of conducting marketing activities in the Interlocal Agreement dated September 24, 1998, by and between the City of Lubbock and Lubbock Reese Redevelopment Authority to Market Lubbock Economic Development Corporation. Said Assignment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 141 Regular City Council Meeting February 28, 2002 Page 142 Passed by the City Council this 28th day of February, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte Debra Forth, Deputy City Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Assignment is filed with Resolution No. 2002-R0077. During the 1998-99 budget considerations, the City Council approved a request from the Lubbock Reese Redevelopment Authority (LRRA) for $2,765,800 to assist with Reese redevelopment over the next five years. The interlocal cooperative agreement included a schedule for payment of funds, which began on October 1, 1998 and was scheduled to cease on July 1, 2003. This interlocal agreement is filed with Resolution No. 6007. As of November 2001, $1,875,105 had been paid to the LRRA, the first three years in the five-year schedule for payment of funds. The final two years of quarterly payments total $890,695. The purpose of this resolution is to execute a new interlocal agreement authorizing assignment of the funds associated with and for the purpose of conducting marketing activities in an interlocal agreement between the LRRA and the City of Lubbock to Market Lubbock, Inc. The final two years of quarterly payments or $890,695 would be assigned to Market Lubbock Inc. and would be utilized only for the marketing of Reese Properties. Staff recommended approval of this resolution. (31.) Resolution No. 2002-R0078 authorizing the Mayor to make changes to the City of Lubbock FY2001-02 Community Investment Fund Budget. RESOLUTION NO. 2002-R0078 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; and 142 Regular City Council Meeting February 28, 2002 Page 143 WHEREAS, the City Council for the purposes of Economic Development supports Market Lubbock Inc. in its efforts with the Lubbock Reese Redevelopment Authority; 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: The budgeted Contribution to Reese in the Community Investment Fund will not be made. A $456,285 transfer will be made from the Community Investment Fund to the Economic Development Fund. Market Lubbock Inc. will increase operating expenditures by $456,285 for the purposes of the Lubbock Reese Redevelopment Authority. SECTION 2. THAT Market Lubbock Inc. and Lubbock Reese Redevelopment Authority will execute a contract to carry out the intent of this resolution. However, if Market Lubbock Inc. and Lubbock Reese Redevelopment Authority do not execute such contract then the above action will be null and void. SECTION 3. 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. Passed by the City Council this 28th day of February, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra Forte Debra Forte, Deputy City Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Change filed with Resolution No. 2002-R0078. A change to the Community Investment Fund Budget will be necessary upon approval of a resolution authorizing the Mayor to authorize assignment of funds to Market Lubbock, Inc. A resolution is being considered to execute a new interlocal agreement authorizing assignment of the funds associated with and for the purpose of conducting marketing activities in an interlocal agreement between the Lubbock Reese Redevelopment Authority and the City of Lubbock to Market Lubbock, Inc. The final two years of quarterly payments or $890,695 would be assigned to Market Lubbock Inc. and would be utilized only for the marketing of Reese Properties. This agenda item 143 Regular City Council Meeting February 28, 2002 Page 144 adjusts FY 02, the balance of $434,410 will be corrected in FY 03 and the long range planning documents. Staff recommended approval of this resolution. (32.) Consider the price and conditions of sale of Parcel Number 33500-20-8 at 1107 2°d Place, legally described as Lot 8, Block 20, Guadalupe Addition in the Guadalupe Area. This is a routine sale of property by the Urban Renewal Agency to Pilar Z. Benavidez and wife, Francisca A. Benavidez for $4,500 for the development of a parking lot for the adjacent business, La Malinche Tortilla Factory at 1105 2" Place. On December 20, 2001, the Zoning Board of Adjustment voted to allow this commercial parking development in this residential district with the requirement of landscaping on the west edge of this vacant lot. The Urban Renewal Board of Commissioners approved the proposed sale on October 16, 2001 subject to the Zoning Board of Adjustment's approval of a special exception variance to allow a parking lot, which was granted. Staff recommended approval of this resolution. (33.) Consider approval of a bond reduction on West Lee Harrison Unit Well No. 31, 34 and 36 from $25,000 to $10,000. On October 25, 2001, the Council approved two oil wells to be drilled by Tamarack Petroleum. Initial bond for protection of public improvements is $25,000. When a well is completed, the owner may apply for a reduced bond ($10,000) that is carried as long as the well is in place. Drilling has been completed. Staff recommended approval of this resolution. (34.) Resolution No. 2002-R0079/RFP #293-01/RW4or Long Distance Service (Information Technology). RESOLUTION NO. 2002-R0079 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 long distance telephone service, by and between the City of Lubbock and NTS Communications, Inc., and any other related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 28th day of February, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 144 Regular City Council Meeting February 28, 2002 Page 145 APPROVED AS TO CONTENT: /s/ Sharlett Chowning_by Leslie Cox Sharlett Chowning Director of Information Technology APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2002-R0079. This contract is for long distance service for the City of Lubbock. The City of Lubbock received one bid, from the current vendor for long distance service. The respondent was ranked as follows: NTS Communications of Lubbock, TX Proposals will be evaluated based upon the information supplied in the proposals. The following weights will be assigned to the following evaluation criteria. The criteria will be grouped into percentage factors: • 35 % —Ability to address the specifications. • 30 % —Vendor Qualifications and Support Staff. • 35 % —Total Proposed Cost The two vendors currently under the DIR- State contract were reviewed. The rates for the same services overall were higher than the bids proposed from NTS Communications. The contract amount is based on the amount of long distance serviced utilized by the City of Lubbock employees and is within the Telecommunications Department budget. The contract represents approximately $45,000 annually. Staff recommended approval of this resolution. (35.) Resolution No. 2002-R0080/BID #306-01/BM-for Alternate Daily Cover for Lubbock Landfill -Six Month Pricing (Solid Waste Disposal). RESOLUTION NO. 2002-R0080 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 Bid #306-01/BM for an alternate daily cover for Lubbock Landfill - six month pricing, by and between the City of Lubbock and New Waste Concepts, Inc. of Erie, Michigan, 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. 145 Regular City Council Meeting February 28, 2002 Page 146 Passed by the City Council this 28th day of February, 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-R0080. This bid establishes annual pricing for daily cover material for the West Texas Regional Disposal Facility. The material consists of a fiber and paper that is mixed with water in a tank and sprayed onto the work face of the landfill on a daily basis. Using a fiber/paper mixture instead of using soil reduces the amount of air space and consequently extends the life of the landfill. Bid evaluation includes the cost of material to cover 16,000 square feet of landfill workface four days per week for six months. The lowest evaluated bid is $35,419.42 from New Waste Concepts, Inc. of Erie, Michigan and is within the Chemical Supplies budget. (35.) Resolution No. 2002-R0081/BID #002-02/RS-for Botanical Supplies (Park Maintenance). RESOLUTION NO. 2002-R0081 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 Bid #002-02/RS for botanical supplies, by and between the City of Lubbock and Miller Nursery & Tree Company of Stephenville, 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 28th day of February, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 146 Regular City Council Meeting February 28, 2002 Page 147 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-R0081. This bid is for material and labor to reinforce and enhance the Regis Street and Martin Luther King Jr. Blvd. Corridor for the purpose of developing a beautified parkway as an area of entry and development. The project will create a sense of visual linkage of the airport with Interstate Highway 27. Bids were accepted on January 22, 2002, for trees that will be planted as part of the Airport Corridor Landscape Improvement. Bids were awarded to the low bidder for each of two varieties of trees that will be used on the corridor. The low bids are from the following companies: Miller Nursery & Tree Company of Stephenville, Texas $30,098 John Deere Landscapes of Lubbock, Texas $14,800 The low bids total $44,898 and are within the System Capital Outlay - Regis Corridor Enhancement Project budget. (36.) Resolution No. 2002-R0082/BID #018-02/13M4or Column Supported Aluminum Roof (Water Utilities). RESOLUTION NO. 2002-R0082 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 the column supported aluminum roof, by and between the City of Lubbock and Temcor of Gardena, 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. Passed by the City Council this 28th day of February, 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 147 Regular City Council Meeting February 28, 2002 Page 148 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-R0082. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 28th day of February, 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 Temcor, of the City of Gardena, County of Los Angeles, and the State of California, 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 #018-02/BM - Column Supported Aluminum Roof - $512,000.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Temcor By: /s/ C. A. Tourville PRINTED NAME: C. A. Tourville TITLE: President ME Regular City Council Meeting February 28, 2002 Page 149 ATTEST: Corporate Secretary /s/ COMPLETE ADDRESS: Temcor 150 W. Walnut St., Suite 150 Gardena, California 90248 This bid includes the construction of a rectangular column supported aluminum roof at the Water Treatment Plant. The TNRCC has required the City of Lubbock to replace the existing flat concrete roof at this water storage reservoir because the age and condition of the concrete allows infiltration of water through the roof. The low bid is $512,000 from Temcor of Gardena, California and is within the Capital Improvement Project Pump Station Rehabilitation budget. (37.) Resolution No. 2002-R0083/BID #025-02/RS-f-or 2002 Secondary Streets Maintenance Program (,Street Department). RESOLUTION NO. 2002-R0083 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 the 2002 secondary streets maintenance program, by and between the City of Lubbock and Lone Star Dirt & Paving Contracting, Ltd. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of February, 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-R0083. 149 Regular City Council Meeting February 28, 2002 Page 150 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 28th day of February, 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 Lone Star Dirt & Paving Contracting, LTD. 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 #025-02/RS - 2002 Secondary Streets Maintenance Program - $696,081.20 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lone Star Dirt & Paving Contracting, LTD. By: /s/ Wesley Sanders PRINTED NAME: Wesley Sanders TITLE: Partner/CEO COMPLETE ADDRESS: Lone Star Dirt & Paving Contracting, LTD. 11820 University Avenue Lubbock, Texas 79423 150 Regular City Council Meeting February 28, 2002 Page 151 This bid is for the 2002 Secondary Streets Maintenance Program to provide patching, single course seal coat (preventive maintenance), and two -course seal coat (rehabilitative maintenance) on residential collector streets and residential streets throughout the City. The funding comes from the Permanent Street Maintenance Fund. The Secondary Streets Maintenance Program is necessary to repair damaged and deteriorated streets throughout the City. The low bid is $696,081.20 from Lone Star Dirt & Paving Contracting, Ltd. of Lubbock, Texas and is within the System Capital Outlay -Street System Improvement budget. (38.) Resolution No. 2002-110084/13ID #026-02/RS-for 2002 Primary Streets Maintenance Program (Street Department). RESOLUTION NO. 2002-R0084 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 the 2002 primary streets maintenance program, by and between the City of Lubbock and Lone Star Dirt & Paving Contracting, Ltd. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of February, 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-R0084. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 28th day of February, 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 Lone Star Dirt & Paving Contracting, LTD. of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. 151 Regular City Council Meeting February 28, 2002 Page 152 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 #026-02/RS - 2002 Secondary Streets Maintenance Program - $857,176.24 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lone Star Dirt & Paving Contracting, LTD. By: /s/ Wesley Sanders PRINTED NAME: Wesley Sanders TITLE: Partner/CEO COMPLETE ADDRESS: Lone Star Dirt & Paving Contracting, LTD. 11820 University Avenue Lubbock, Texas 79423 This bid is for the 2002 Primary Streets Maintenance Program to provide patching and seal coat operations on major thoroughfares and industrial/collector streets throughout the City. The funding comes from the Permanent Street Maintenance Fund. The Maintenance Program is necessary to repair damaged streets and alleys throughout the City. 152 Regular City Council Meeting February 28, 2002 Page 153 The low bid is $857,176.24 from Lone Starr Dirt & Paving Contracting, Ltd. of Lubbock, Texas and is within the System Capital Outlay -Street System Improvements budget. (40.) Resolution No. 2002-R0085/BIDS #028-02/RS4or Fleet Services Ridge Vent Replacement (Facilities Management). RESOLUTION NO. 2002-R0085 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 the fleet services ridge vent replacement, by and between the City of Lubbock and Lydick Hooks Roofing Company of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of February, 2002. /S/ `]VINDY 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/ John M. Kniizht John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2002-R0085. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 28th day of February, 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 Lydick -Hooks Roofing Company of Lubbock, 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 #028-02/RS - Fleet Services Ridge Vent Replacement - $35,935.00 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, 153 Regular City Council Meeting February 28, 2002 Page 154 supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ George Lisenbe Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Rita Thorp CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lydick -Hooks Roofing Company of Lubbock, Inc.. By: /s/ Larry Meador PRINTED NAME: Larry Meador TITLE: Vice -President COMPLETE ADDRESS: Lydick -Hooks Roofing Company of Lubbock, Inc.. P. O. Box 2605 Lubbock, Texas 79408 This bid includes the installation of a new ridge vent along the top of the roof at Fleet Services. The original ridge vent was removed due to leaks and because it was not operating properly. The office areas of Fleet Services and Sanitation will be properly sealed and ventilation fans will be installed in each furnace of the facility. The project will eliminate carbon monoxide build-up throughout the Garage. The low bid is $35,935 from Lydick -Hooks Roofing Company of Lubbock, Inc. of Lubbock, Texas and is within the System Capital Outlay -Fleet Services Ventilation 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 and that the Mayor be authorized to execute all documents necessary for each transaction. Next item to be considered was Item No. 13. 154 Regular City Council Meeting February 28, 2002 Page 155 PUBLIC HEARINGS ZONING (41.) Ordinance No. 2002-00019/ZONE CASE No. 2159-A (4002 North Loop 289): Hold a public hearing to consider request of Commercial Property Services, Benny Nixon (for United AF Management, L.L.C. and/or Assigns) for a zone change from IDP and C-4 to A-2 on an unplatted 15-acre tract of land out of Section 18, Block A. This item was considered following Item No. 17. ORDINANCE NO. 2002-00019 AN O RDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2159-A; A ZONING CHANGE FROM IDP AND C-4 TO A-2 ZONING ON AN UNPLATTED 15-ACRE TRACT OF LAND OUT OF SECTION 18, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:10 a. m. No one appeared in opposition. Mayor Sitton closed the hearing at 11:11 a. m. The proposal is for development of an apartment community offering income assisted rental units. Since the project has federal tax credits associated with it, the developer is required to provide rental rates based on income of eligible tenants, but the project is a private enterprise. Adjacent land uses: North - vacant South - vacant and Loop 289 East - vacant West - vacant The proposal will require a minor change to the Comprehensive Land Use Plan. The current targeted land use for the area between North Quaker, Loop 289 and the Clovis Highway is industrial park, only a portion of which has been actually developed in the area north toward the Clovis Highway. As an enclosed community, adjacent future development of heavy commercial or IDP should not be a deficit to operation of the project. In all reality, additional residential may develop in the area to the west if the market will not support the targeted IDP indicated by the current Plan. Other than the minor change to the Plan, the project will meet all zoning policies. The Planning Commission recommendation includes a minor CLUP change. While access is initially limited to ingress and egress from the Loop service road, that is a condition recognized and accepted by the developer. Future development to the north and west may provide additional access. The project should not have a negative effect on the thoroughfare system. The Planning Commission recommended approval of the request. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. 155 Regular City Council Meeting February 28, 2002 Page 156 Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2002- 00019 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 42.) Ordinance No. 2002-00020-ZONE CASE NO. 2931 (north of Auburn Street and east of Dover Avenue): Hold a public hearing to consider request of Royce Jiminez (for Light of the World Christian Center) for a zone change from R-1 to A-2 limited to church and church related uses on unplatted 5.147-acre and 9.716-acre tracts of land out of Section 1, Block JS. ORDINANCE NO. 2002-00020 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2931; A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO CHURCH AND CHURCH RELATED USES ON AN UNPLATTED 5.147-ACRE AND 9.716-ACRE TRACTS OF LAND OUT OF SECTION 1, BLOCK JS, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:10 a. in. No one appeared in opposition. Mayor Sitton closed the hearing at 11:11 a. in. The proposed use of the property would be for a church. Adjacent land uses: North - vacant South - residential and a future park site East - vacant West - vacant The proposal is not entirely consistent with the Comprehensive Land Use Plan policy in that church development is contemplated on the perimeter of neighborhoods, or adjacent to thoroughfares, so that the traffic coming to the church is not a disruption in the adjacent residential areas. This area will be a little different than most interior locations. A proposed park site is east and south of the zone case site. The park site is north of an LISD elementary site that is yet to be built. To the south of the school site is Buckner Children's Home. The area to the east remains zoned residential. Thus, the area will not be as heavily single family as most parcels located in the center of a square mile. Non- residential traffic is sometimes an issue with church development in the core of a residential area. The Planning Commission recommended the request with a condition: A-2 limited to church and church related uses. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2002- 00020 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 156 Regular City Council Meeting February 28, 2002 Page 157 (43.) Ordinance No. 2002-00021 - ZONE CASE NO. 2932 (1602 441' Street): Hold a public hearing to consider request of Reverend Dale Bostic (for Faith Tabernacle) for a zone change from R-1 to A-2 limited to church and church related uses on an unplatted 0.43-acre tract of land out of Section 10, Block B. ORDINANCE NO. 2002-00021 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2932; A ZONING CHANGE FROM R-1 TO A-2 LIMITED TO CHURCH AND CHURCH RELATED USES ZONING ON AN UNPLATTED 0.43-ACRE TRACT OF LAND OUT OF SECTION 10, BLOCK B, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:10 a. m. No one appeared in opposition. Mayor Sitton closed the hearing at 11:11 a. m. The proposal would provide for church expansion for the existing congregation across the street. Adjacent land uses: North - single family residential South - zoned R-3, high density residential East - single family West - zoned A-2 While the proposal does not expressly fit the Comprehensive Land Use Plan policy for church location, the adjacent church is existing and needs the room for extra parking. The fact that various land uses exist in the area is evident. The project will be consistent with zoning policy when developed. Being one block east of Avenue Q, with Avenue P adjoining, growth of the small church should have no noticeable effect on the thoroughfare system. The Planning Commission recommended the request with a condition: A-2 limited to church and church related uses. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2002- 00021 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (44.) Ordinance No. 2002-00022 - ZONE CASE NO. 2255-J (5802 641h Street): Hold a public hearing to consider request of Jay G. Shinn, PSC, Inc., (for University Medical Center) for a zone change from GO to GO Specific Use for an EMS station on the west half of Lot 4, Spur 327. ORDINANCE NO. 2002-00022 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-J; A ZONING CHANGE FROM GO TO GO 157 Regular City Council Meeting February 28, 2002 Page 158 SPECIFIC USE ZONING FOR AN EMS STATION ON THE WEST HALF OF LOT 4, SPUR 327, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:10 a. in. No one appeared in opposition. Mayor Sitton closed the hearing at 11:11 a. in. The proposal is an EMS satellite station for two wagons and crew quarters. Adjacent land uses: North - vacant, zoned garden office South - commercial East - vacant, zoned garden office West - vacant, zoned commercial The proposal is consistent with the Comprehensive Land Use Plan. Regarding zoning policy, the Specific Use District has "public use for any use by local, county, state or federal government". The hospital district operates the EMS system. The proposal should have no negative effect on the thoroughfare system. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2002- 00022 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (45.) Ordinance No. 2002-00023 - ZONE CASE NO. 2916-A (7423 and 7427 82"d Street): Hold a public hearing to consider request of Finis and Ann Wright for a zone change from IHC to IHC Specific Use for mini -warehouses and contractor spaces on Lots 5 and 6, West 82"d Commercial Park. ORDINANCE NO. 2002-00023 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2916-A; A ZONING CHANGE FROM IHC TO IHC SPECIFIC USE ZONING FOR MINI -WAREHOUSES AND CONTRACTOR SPACES ON LOTS 5 AND 6, WEST 82ND COMMERCIAL PARK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:10 a. in. No one appeared in opposition. Mayor Sitton closed the hearing at 11:11 a. in. This request follows a large zone case from several months ago with a request to allow a new structure that will be used for storage as mini - warehouse units or spaces used by contractors for a shop and storage. The critical part of the request is that the architectural decorative IHC guidelines are proposed for the front of the buildings by Mr. Wright, who is a long-time Lubbock brick contractor. Adjacent land uses are commercial or light industrial in all directions. The proposal is consistent with the Comprehensive Land Use Plan and zoning policies. The project should have no effect on the thoroughfare system. 158 Regular City Council Meeting February 28, 2002 Page 159 The site plan indicates use of crushed material in the work area between the two rows of buildings. The fagade will be brick with windows and doors toward 82"d Street. The overhead doors will face east and west within the compound. The Planning Commission recommended approval of the request. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2002- 00023 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (46.) Ordinance No. 2002-00024 - ZONE CASE NO. 1947-E (north of 32"1 Street and west of Frankford Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for Carlos Rhea) for a zone change from A-1 to AM on an unplatted 3-acre tract of land out of Section 44, Block AK. ORDINANCE NO. 2002-00024 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1947-E; A ZONING CHANGE FROM A-1 TO AM ZONING ON AN UNPLATTED 3-ACRE TRACT OF LAND OUT OF SECTION 44, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:10 a. in. No one appeared in opposition. Mayor Sitton closed the hearing at 11:11 a. in. The request is for a personal care facility. Adjacent land uses: North - apartments South - vacant East - Frankford and LCU property West - apartments The proposal is consistent with both Comprehensive Land Use Plan and zoning policies. The project will not have a negative effect on the thoroughfare plan. The Planning Commission recommended approval of the request. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2002- 00024 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (47•) Ordinance No. 2002-00025 - ZONE CASE NO. 1490-Q (4801 South Loop 289): Hold a public hearing to consider request of John Hubbard (for VoiceStream Wireless) for a zone change from C-4 to C-4 Specific Use for a 180-foot telecommunications tower on a 1,600 square foot tract of land out of Lot 4, Fiesta Autoland Center. 159 Regular City Council Meeting February 28, 2002 Page 160 ORDINANCE NO. 2002-00025 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1490-Q; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR A 180-FOOT TELECOMMUNICATIONS TOWER ON A 1,600 SQUARE FOOT TRACT OF LAND OUT OF LOT 4, FIESTA AUTOLAND CENTER, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:10 a. in. No one appeared in opposition. Mayor Sitton closed the hearing at 11:11 a. in. The request will accommodate a monopole cellular tower. The proposed location is on the west edge of the Pioneer Mercury car dealership. Adjacent land use is commercial in all directions. Prior to the hearing the proponent has agreed to move the tower 205 feet north from the south boundary of the parcel. This will be about half way between the alley on the south and the Loop. That distance is well over the fall radius to the residential development south of the alley. The proponent has submitted verification that the two adjacent tower locations are fully loaded. This tower will be constructed to handle multiple users, providing additional space in this cell/PCS congested part of Lubbock. One response expressed concern for falling ice, which will be limited by the cell company use of a streamlined antenna. No citizens spoke during the hearing. The Planning Commission recommended approval of the request. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2002- 00025 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered is Item No. 54. 11:15 A.M. SPECIAL (48.) Hold a public hearing to consider a resolution approving the Community Development Service Board's recommendation for the reallocation of 2001 CDBG grant funds. This item was considered following Item No. 55. Mayor Sitton opened the public hearing at 11:20 a. in. Nancy Haney, Community Development Manager, appeared on behalf of the reallocation of grant funds. No one appeared in opposition. Mayor Sitton closed the hearing at 11:23 a. m. (49.) Resolution No. 2002-R0088 approving the Community Development Service Board's recommendation for the reallocation of 2001 CDBG grant funds and all related documents. 160 Regular City Council Meeting February 28, 2002 Page 161 RESOLUTION NO. 2002-R0088 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby accepts the recommendations for the reallocation of 2001 CDBG grant funds, by the Community Development Board and all related documents. Said recommendations are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of February, 2002. /S/ WINDY" SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the recommendations is filed with Resolution No. 2002-R0088 On February 13, 2002 The Community Development Services Board met to discuss the reallocation of $75,000 in unspent 2001 CDBG funds. The CDSB reviewed project applications from Spring 2001 that were either not funded or under -funded, as well as considered new projects recommended by staff. After much discussion, the Board voted unanimously to approve the following funding recommendations: Parkway Guadalupe Neighborhood Centers Renovation $10,000 North University Facade $35,000 Community Recreation Survey $30,000 11:21 A.M. Councilmember Cooke left the dais. Staff recommended approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Morrison to pass Resolution No. 2002-R0088 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Next item to be considered was Item No. 51. 11:30 A.M. Councilmember Cooke returned to the dais. 161 Regular City Council Meeting February 28, 2002 Page 162 (50.) Ordinance No. 2002-00029 a public hearing to consider an ordinance designating and describing the boundaries of the North Overton Tax Increment Financing Reinvestment Zone of Lubbock, Texas; establishing the duration of the zone; establishing a tax increment fund; and establishing a board of directors for the tax increment financing reinvestment zone (first reading). This item was considered following Item No. 53. ORDINANCE NO. 2002-00029 AN ORDINANCE DESIGNATING AND DESCRIBING THE BOUNDARIES OF A TAX INCREMENT FINANCING REINVESTMENT ZONE FOR THE NORTH OVERTON AREA OF LUBBOCK, TEXAS; ESTABLISHING THE DURATION OF THE ZONE; ESTABLISHING A TAX INCREMENT FUND; AND ESTABLISHING A BOARD OF DIRECTORS FOR THE TAX INCREMENT FINANCING REINVESTMENT ZONE. Mayor Sitton opened the public hearing at 11:31 a. in. Senator Robert Duncan spoke in favor of the captioned matter. 11:31 A.M. Councilmember Nelson left the dais. Craig Farmer, Managing Director of Planning, and Larry Cline of Schrader and Cline, the City's TIF consultants, presented the results of the study conducted for a North Overton District Tax Increment Finance District. The Council was briefed on the proposed TIF at the December 13 Council meeting and authorized the staff to proceed with the TIF study at that time. Donna Clark, Lubbock County District Attorney's Civil Division, requested clarification on the cumulative captured tax value reduced to $159m from Mr. Farmer. Mary McClurg, property owner in the Overton District, asked if zoning could be changed without the property owner's approval. Randy Henson, Senior Planner, stated that in this project if the owner doesn't sell, the developer is not going to request rezoning of that property until they control the property. Amelia Casanova, another property owner, wanted to know if she had to sell her property. She was told she did not have to. Also, she mentioned the properties needed to be cleaned up when the buildings were torn down or moved. Mayor Sitton closed the hearing at 12:32 p. in. According to Texas Tax Code Section 311, the City Council must hold a public hearing before considering an ordinance to establish a Tax Increment Finance District (TIF) for the Lubbock Central Business District. Any interested party is permitted to speak at the public hearing, and staff anticipate that representatives from other taxing jurisdictions, CenterCorp and other organizations will appear on behalf of this ordinance. Under the provisions of the Texas Tax Code Section 311.005, the City Council may, by Ordinance, designate a contiguous area within the city as a reinvestment zone for tax increment financing purposes. Special provisions apply to a zone initiated by a petition of the property owners as this one was. Mandatory provisions of the ordinance must include the following, which are addressed in the body of the ordinance: 162 Regular City Council Meeting February 28, 2002 Page 163 A description of the boundaries of the zone with sufficient detail to identify the territory within the zone. The ordinance does not, however, have to identify specific parcels of real property. A written boundary description and a map of the district are included in the ordinance. a b. A designation of the board of directors for the zone and an indication of the number of directors of the board. The statute stipulates that the board for a petition initiated TIF will be nine members. Each school district and county levying taxes and participating in the TIF zone may name a representative to the board as well, though they can waive that right. Since LISD cannot participate, only Lubbock County will appoint a member if they choose to be a part of the TIF. Other members required by statute include the State Senator and State Representative for the zone or their designees. Therefore Senator Duncan and Representative Jones will appoint members. This leaves six members to be appointed by City Council. According to the statute, the members appointed by the Council must be at least 18 years of age and owners of real property in the TIF zone or employees or agents of someone who owns property in the zone. C. A provision that the zone will take effect on January 1, 2002, the year in which the ordinance is adopted. d. An indication of the date for termination of the zone. Staff are proposing a 30-year duration of the district, so the expiration date will be December 31, 2031. e. The name of the zone, which will be North Overton Tax Increment Financing Investment Zone, as provided under Tax Code Section 311.004(5). f. A provision establishing a tax increment fund for the zone. g. A finding that development of the area would not occur in the foreseeable future solely through private investment. h. Findings that the improvements within the zone will significantly enhance the value of the taxable property within the zone and will be of general benefit to the city and that the area meets the criteria for designation of a reinvestment zone under the Tax Code Section 311.005. As required by statute, staff have also briefed each of the governing bodies of the taxing jurisdictions about this proposal. These jurisdictions are Lubbock County, Lubbock Independent School District, Lubbock County Hospital District and the High Plains Underground Water Conservation District. Additionally, CenterCorp, Market Lubbock, Inc., and the Lubbock Chamber of Commerce have heard presentations and voted to support the TIF proposal. Additional meetings have been held with an ad -hoc committee of representatives of the other jurisdictions levying taxes in this area. At these meetings, the project plan, district boundaries, and feasibility analysis and financing plan that are included in the ordinance being considered have been reviewed and analyzed. The documents included in this packet are the ones recommended by this committee at its February 20, 2002 meeting. 163 Regular City Council Meeting February 28, 2002 Page 164 However, the TIF board that will be appointed if the TIF is established will review the proposals made by the ad -hoc committee and may make adjustments before the final project and financing plans are approved by the Council later this spring. After the TIF is established, staff will negotiate agreements between the City and the other jurisdictions that levy taxes in the zone. Among other items, the agreements will set the percentage of participation in the TIF by those jurisdictions. With the concurrence of the representatives of the other jurisdictions levying taxes within the proposed zone, staff recommended creation of the TIF district as outlined in the ordinance. The ordinance contains the financing plan, project plan and proposed boundary as recommended by the ad -hoc committee of other taxing jurisdictions. 12:02 P.M. Councilmember Nelson returned to the dais. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2002- 00029 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmembers Hernandez and McDougal recused themselves. Next item to be considered was Item No. 56. ADMINISTRATIVE SERVICES FINANCE (51.) Ordinance No. 2002-00026 authorizing the issuance of $9,400,000 "City of Lubbock, Texas, General Obligation Bonds, Series 2002" and all necessary documents related to the issuance (first and final reading). This item was considered following Item No. 49. ORDINANCE NO. 2002-00026 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2002"; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval of a Paying Agent/Registrar Agreement the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. On January 10, 2002, City Council approved the first step in the issuance process. Resolution #2002-R0002, dated January 10, 2002 was to approve and authorize publication of Notice of Sale with respect to the issuance of the General Obligation Bonds. Senate Bill 1759 of the 77`h Legislative Session amends Subchapter B, Chapter 1201, of the Texas Government Code under Section 1201.028(3) allowing the authorization of a public security with only one reading of the ordinance. Therefore, this will be the only reading of this ordinance that authorizes the issuance of these bonds. At the time of sale, the bonds will be sold competitively. Bidders will be able to place bids via the Internet, phone, fax and mail. The bids will be accepted until 11:00 a.m. and then they will be verified and the lowest 164 Regular City Council Meeting February 28, 2002 Page 165 bid will be identified. The results of those bids will be presented in the City Council meeting at approximately 11:30 a.m. City Council will be asked to approve the recommendation for the lowest bidder, meeting specifications, and approve the bond ordinance and all necessary documents related to the issuance.. As this action is necessary to proceed with the bond issuance, staff recommended passage of this ordinance. Beverly Hodges, Director of Finance, introduced Ed Esquivel, Fulbright & Jaworski and Vince Vialle, First Southwest Company. Mr. Vialle presented information concerning the bonds. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to pass on first and final reading of Ordinance No. 2002-00026 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (52.) Ordinance No. 2002-00027 authorizing the issuance of $6,450,000 "City of Lubbock, Texas, Tax & Waterworks System Surplus Revenue Certificates of Obligation, Series 2002" and all necessary documents related to the issuance (first and final reading). ORDINANCE NO. 2002-00027 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, TAX AND WATERWORKS SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2002"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the net revenues from the operation of the City's Waterworks System; and resolving other matters incident and related to the issuance, sale, security, payment and delivery of said certificates, including the approval of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. On January 10, 2002, City Council approved the first step in the issuance process. Resolution #2002-R0003, dated January 10, 2002 was to approve and authorize publication of Notice of Intent to Issue and Notice of Sale with respect to the issuance of the Certificates of Obligation. Senate Bill 1759 of the 77`' Legislative Session amends Subchapter B, Chapter 1201, of the Texas Government Code under Section 1201.028(3) allowing the authorization of a public security with only one reading of the ordinance. Therefore, this will be the only reading of this ordinance that authorizes the issuance of these bonds. At the time of sale, the bonds will be sold competitively. Bidders will be able to place bids via the Internet, phone, fax and mail. The bids will be accepted until 11:00 a.m. and then they will be verified and the lowest bid will be identified. The results of those bids will be presented in the City Council meeting at approximately 11:30 a.m. City Council will be asked to approve the recommendation for the lowest bidder, meeting specifications, and approve the bond ordinance and all necessary documents related to the issuance. As this action is necessary to proceed with the bond issuance, staff recommended passage of this ordinance. 165 Regular City Council Meeting February 28, 2002 Page 166 Beverly Hodges, Director of Finance, introduced Ed Esquivel, Fulbright & Jaworski and Vince Vialle, First Southwest Company. Mr. Vialle presented information concerning the certificates of obligation. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to pass on first and final reading of Ordinance No. 2002-00027 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (53.) Ordinance No. 2002-00028 authorizing the issuance of $1,545,000 "City of Lubbock, Texas, Tax & Sewer System Surplus Revenue Certificates of Obligation, Series 2002" and all necessary documents related to the issuance (first and final reading). ORDINANCE NO. 2002-00028 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, TAX AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2002"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the net revenues from the operation of the City's Sewer System; and resolving other matters incident and related to the issuance, sale, security, payment and delivery of said certificates, including the approval of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. On January 10, 2002, City Council approved the first step in the issuance process. Resolution #2002-R0004, dated January 10, 2002 was to approve and authorize publication of Notice of Intent to Issue and Notice of Sale with respect to the issuance of the Certificates of Obligation. Senate Bill 1759 of the 77' Legislative Session amends Subchapter B, Chapter 1201, of the Texas Government Code under Section 1201.028(3) allowing the authorization of a public security with only one reading of the ordinance. Therefore, this will be the only reading of this ordinance that authorizes the issuance of these bonds. At the time of sale, the bonds will be sold competitively. Bidders will be able to place bids via the Internet, phone, fax and mail. The bids will be accepted until 11:00 a.m. and then they will be verified and the lowest bid will be identified. The results of those bids will be presented in the City Council meeting at approximately 11:30 a.m. City Council will be asked to approve the recommendation for the lowest bidder, meeting specifications, and approve the bond ordinance and all necessary documents related to the issuance. As this action is necessary to proceed with the bond issuance, staff recommended passage of this ordinance. Beverly Hodges, Director of Finance, introduced Ed Esquivel, Fulbright & Jaworski and Vince Vialle, First Southwest Company. Mr. Vialle presented information concerning the certificates of obligation. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to pass on first and final reading of Ordinance No. 2002-00028 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 166 Regular City Council Meeting February 28, 2002 Page 167 Next item to be considered was Item No. 50. DEVELOPMENT SERVICES BUSINESS DEVELOPMENT (54.) Resolution No. 2002-R0086 giving Notice of Intent to enter into a tax abatement agreement with Watson Sysco Food Service, Inc. This item was considered following Item No. 47. RESOLUTION NO. 2002-R0086 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and Watson Sysco Food Service, Inc., attached hereto and which shall be spread upon the minutes of the council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of February, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0086. The City of Lubbock received an application for industrial tax abatement from Watson Sysco Food Services, Inc. to expand their existing facility at 714 2" Place in the North Enterprise Zone. The project for Watson Sysco consists of the construction of a 76,000 square foot freezer/cooler/produce addition across the street from the existing facility at 711 2' Place, to facilitate expansion and growth. The expected investment in the facility is $5.9 million. In addition to the real property improvements, Watson Sysco will be investing $1,592,000 in additional equipment. Watson Sysco has 207 employees at the present time with a payroll of $8.7 million. Due to the expansion, an additional 100 jobs will be created within three years with a payroll of $3.4 million. Forty-five of the new jobs will be at the Lubbock facility and the remainder of the new 167 Regular City Council Meeting February 28, 2002 Page 168 jobs will be sales people and others that will be located outside of the Lubbock facility. The project meets the Industrial Tax Abatement Policy and Guidelines minimum of $500,000 investment in real estate improvements for an existing company or 20 new jobs or $1 million in tangible personal property investment. Market Lubbock considered this application at its February 13, 2002 Board Meeting and has recommended a 10 year, declining scale tax abatement (example: ls` year 100%; 2°d year 90%, etc.) for the project. The abatement amount for the City of Lubbock is approximately: Year 1 100% $42,704 Year 2 90% $38,434 Year 3 80 % $34,164 Year 4 70% $29,893 Year 5 60 % $25,623 Year 6 50% $21,352 Year 7 40% $17,082 Year 8 30% $12,811 Year 9 20% $ 8,541 Year 10 10 % $ 4,270 The estimated total city abatement over the life of the contract is $234,874. The estimated total county abatement over the life of the contract would be $123,227. The project will add $7.5 million in new value to the tax base in the North Enterprise Zone. Under the current guidelines, Watson Sysco Food Service, Inc. is eligible and meets all the criteria for tax abatement. David Sharp, Market Lubbock, Inc., presented staff comments. Staff recommends approval of this resolution Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to pass Resolution No. 2002-R0086 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. RIGHT-OF-WAY (55.) Resolution No. 2002-R0087 authorizing the Mayor to execute a street -use license with The Work Link, Inc. for an aerial stairway and landing (1701 Buddy Holly Avenue). RESOLUTION NO. 2002-R0087 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License with associated documents with The Work Link, Inc. for an aerial stairway and landing. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 168 Regular City Council Meeting February 28, 2002 Page 169 Passed by the City Council this 28th day of February, 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/ Linda Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the agreements is filed with Resolution No. 2002-R0087. Ron Mercer of The Work Link, Inc. owns the property at 1701 and 1703 Buddy Holly Avenue. He desires to install an outside exit stairway in the south right-of-way of 17`' street, just east of Buddy Holly Avenue from the 2°1 floor of the building to street level. This exit is for fire and emergency purposes. The area to be utilized by this license is 4-feet wide by 30-feet long. To permit him to do this, the City will issue him this 20-year street -use license. The charge for this license will be $50 per year that is the street -use license minimum fee and it will be payable every 5 years in advance, or $250. Ed Bucy, Right -of -Way Agent, presented staff comments and recommended approval of this resolution. Ron Mercer stated that The Work Link, Inc. is an outreach center for ministerial opportunities, i.e. college, youth and family. They provide music and also allow the youth groups to bring their own entertainment. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass Resolution No. 2002-R0087 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 49. WATER UTILITIES (56.) Consider authorizing the Mayor to execute a resolution and order ordering and adjudging the water rates to be charged by Franklin Water Service Company as requested by Franklin Water Service Company by Notice of Proposed Rate Change filed with the City of Lubbock on or about August 1, 2001. This item was considered following Item No. 50. During the public hearing on December 13, 2001, evidence was presented by Franklin Water Supply that a water increase was necessary to allow them to come close to breaking even the expenses of operating their water system. Blue Sky residents presented evidence that service 169 Regular City Council Meeting February 28, 2002 Page 170 insufficiencies existed with Franklin; but offered no evidence that the rate increase was not reasonable. The expert rate consultant for City Council testified that the rate increase is reasonable. The City of Lubbock has exclusive original jurisdiction over the matter of rate setting pursuant to Chapter 13 of the Texas Water Code and was required in this instance to hold a public hearing to determine that the rates requested by Franklin to be charged to the residents of the Blue Sky Addition are reasonable. Richard Burdine, Assistant City Manager, presented staff comments. Staff recommended that (1) the City Council approve the rate increase; (2) the City recover the expense incurred in the engagement of the consultant; and (3) Franklin Water Supply recover said expenses over a 24 month period, through its rates, with four percent interest. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to pass Resolution No. 2002-R0089 approving the rate increase request to be effective September 1, 2001 or date company has changed rate increase, whichever is later. (57.) Consider two appointments to the Building Board of Appeals. Motion was made by Councilmember Morrison, seconded by Councilmember McDougal to appoint Larry Harvey and to reappoint Art Cuevas to Building Board of Appeals. Motion carried: 7 Yeas, 0 Nays. (58.) Consider one appointment to the Culture and Arts Commission. Motion was made by Councilmember Morrison, seconded by Councilmember McDougal to appoint Jim Douglass to the Culture and Arts Commission. Motion carried: 7 Yeas, 0 Nays. 12:45 P.M. COUNCIL RECESSED TO EXECUTIVE SESSION 3:45 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember McDougal adjourned the meeting. Read and approved this �`►"� day of ciflE /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: Rebe a Garza, City Secretary 170