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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/28/2002CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MARCH 28, 2002 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 28th day of March, 2002 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:31 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank W. Morrison, Councilmember David Nelson, Councilmember T.J. Patterson Absent: No one was absent CITIZEN COMMENTS John Key, DVM, appeared to discuss the City of Lubbock's amendment to the Code of Ordinances pertaining to Animal Services. He also introduced the following veterinarians: George Jury; Robert Richards, President of South Plains Veterinarians Medical Association (who also addressed the Council on this topic); Susan Bozeman who requested that Item #18 be tabled until further discussion could be had concerning this matter; and Robert Faulk. Also speaking were Margaret Meacham, President of ASAP and Tommy Camden, Public Health Manager. Dan Gafford, Battery Solutions, presented handouts to the Council and discussed the specifications required for battery bids for the City. He felt they were so strict since 1999 that they leaned toward one company in particular. He stated that the purchasing department was very cooperative in attempting to handle this situation, but it still was very one-sided. 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 (Councilman District 4; City Attorney; City Manager; City Secretary; Municipal Court Judge); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Right -of -Way Department); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Fire Department). 8:06 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 (Councilman District 4; City Attorney; City Manager; City Secretary; Municipal Court Judge), and take appropriate action. Regular City Council Meeting March 28, 2002 Page 200 (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 (Right -of -Way Department). ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.076, to deliberate the deployment, or specific occasions for implementation of security personnel or devices at Lubbock International Airport and all buildings and facilities owned by or under the control of the City of Lubbock. ( 5.) 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: Animal Shelter Advisory Committee Building Board of Appeals Citizens Traffic Commission Culture and Arts Commission Structural Standards Commission Youth Commission -Students ( 5A.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Fire Department). 10:02 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present except Councilmember Hernandez. (6.) User Fee Study Presentation. Mark Carpenter, Maximus. Policy discussion. Beverly Hodges, Director of Finance (45 minutes). Maximus was engaged to perform a User Fee Study covering the charges in use by General Fund departments. These fees include but are not limited to various licenses and permits, building inspections, and building plan inspections. Many of the charges in use by the General Fund departments have not been evaluated in many years. A study of this type was conducted for the City, but it has been over eight years ago. Cities across the nation typically update about every five years to ensure the users of specific services pay as opposed to being subsidized by the property tax. Because of the need to place emphasis on enhancing existing revenue streams to maximize the ability of the City to recover some or all of its cost of providing selected services, this user fee study is considered crucial in identifying opportunities to challenge current fee structures for General Fund services. The philosophy of the City Council determines the cost recovery approach of the staff. Maximus and City staff presented the findings and led a policy discussion on the results of the User Fee Study. (7.) Overview of 2000 ICMA Performance Measurement Data. Melissa Trevino, Budget & Research Manager (15 minutes) This item was deleted. 10:43 A. M. WORK SESSION RECESSED 200 Regular City Council Meeting March 28, 2002 Page 201 10:52 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Councilmember Frank W. Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; and Anita Burgess, City Attorney Mayor Pro Tern Alex "Ty" Cooke, Councilmember Marc McDougal, and Rebecca Garza, City Secretary, arrived after Item No. 9. Councilmember Victor Hernandez arrived after Item No. 11. Mayor Sitton called the meeting to order at 10:52 A. M. ( 8.) Dr. Jay Horton, First United Methodist Church gave the invocation. ( 9.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION North Overton Tax Increment Financing Reinvestment Zone Receiving: Jack P. Driskill, Chair (unable to attend) Victor Hernandez (unable to attend) Walker Metcalf Patrick Murfee Ted Rushing Margaret Talkington CITIZEN APPEARANCES (10.) Presentation of a StormReady Sign by Larry Vannozzi, Meteorologist in Charge of the Lubbock Office of the National Weather Service, to the Mayor in recognition of the City of Lubbock's designation of being a StormReady City. The National Weather Service has adopted a National StormReady program for cities and counties who meet the criteria of having a 24-hour warning point and emergency operations center, more than one way to receive severe weather warnings and forecasts and alert the public, have a system for monitoring local weather conditions, and promote the importance of public readiness through community training seminars. In addition, the jurisdiction must develop and implement an emergency management plan that includes severe weather incidents, training for severe weather spotters, and conducts emergency exercises for severe weather incidents. The City of Lubbock has met or exceeded the required criteria and is being awarded the StormReady designation. A road sign designating Lubbock as a StormReady Community was presented to Mayor Sitton by Larry Vannozzi, Meteorologist in Charge of the Lubbock Office of the National Weather Service. Lubbock is the largest of the nine cities in Texas to receive this designation. (11.) Presentation of a special recognition to Rosa Salazar in honor of her artwork being selected by the National Community Development Association to be used as the logo for National Community Development Week, April 1-7, 2002. 201 Regular City Council Meeting March 28, 2002 Page 202 Rosa Salazar has worked for the City of Lubbock since February 1995 as a Rehab Loan Specialist. She currently is attending Texas Tech University in pursuit of a degree in Interior Design. In October 2001, the National Community Development Association selected Rosa's design to be used for Community Development Week's 28`h anniversary. Her design was chosen out of six finalists submitted in a national contest. It will be displayed on all media used nationally throughout this weeklong Community Development celebration. A special recognition was presented to Rosa Salazar in honor of her design winning the logo competition for the 28`' anniversary of Community — Development Week. 11:05 A.M. Councilmember Hernandez arrived. (12.) Presentation of a proclamation to the Community Development and Services Board commemorating April 1-7, 2002 as Community Development Week and April 2002 as Fair Housing Month in Lubbock. This year, the City of Lubbock will join with cities across the nation to celebrate the 28' anniversary of National Community Development Week to be held the week of April 1-7,2002. The Community Development Block Grant (CDBG) program was signed into law on August 22, 1974, by President Gerald R. Ford. These federal funds, along with Emergency Shelter Grant and HOME Investment Partnership Program funds, are provided to the City annually for a variety of community development uses that include affordable housing, neighborhood and human services, youth and childcare programs, job creation and retention, and homeless services. The City of Lubbock will also commemorate April 2002 as Fair Housing Month. The Fair Housing Act is a federal law that prohibits discrimination in certain real estate and bank transactions on the basis of race, creed, national origin, gender, familial status or religion. Board members from the Community Development and Services Board Grey Lewis and Judi Blakey accepted the proclamation commemorating April 1-7, as Community Development Week and April 2002 as Fair Housing Month in Lubbock. Council also recognized the Community Development Department employees who were in attendance in appreciation of their work for the City. (13.) Presentation of a special recognition to the United People for the Betterment of the Llano Estacado commemorating March 31, 2002 as Cesar Chavez Day. Cesar Estrada Chavez was born on March 31, 1927, and throughout his life, he was a prominent human rights advocate, farm worker organizer and founder of the United Farm Workers of America. While growing up, he lived the difficult life of a migrant farm family, which led him as an adult to become a community organizer with Community Service Organization. Building upon this experience, Chavez founded the United Farm Workers of America in 1962. The United People for the Betterment of the Llano Estacado hosted a rally in honor of Cesar Chavez on March 23, 2002, and asked that staff recognize March 31 as Cesar Chavez Day. A special recognition commemorating March 31, 2002, as Cesar Chavez Day was accepted by Irma Guerrero, Grace Quinonez, and Tevita Dorrow, members of the United People for the Betterment of the Llano Estacado. 202 Regular City Council Meeting March 28, 2002 Page 203 CONSENT AGENDA (Items Nos. 14- 17, 19-31, 33-35, 37, 39) Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to approve Items 14-17, 19-31, 33-35, 37, 39 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (14.) Approval of Minutes: March 14, 2002 Regular City Council Meeting (15.) ORDINANCE #2002-00030- Abandoning .and closing two portions of 98 1h Street in Section 17, Block E-2, Lubbock County (9801 Orlando Avenue) (second and final reading). ORDINANCE NO. 2002-00030 ORDINANCE ABANDONING AND CLOSING TWO PORTIONS OF 98TH STREET LOCATED IN SECTION 17, BLOCK E-2, 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. (16.) ORDINANCE #2002-00031- Abandoning and closing a portion of a 20- foot Underground Utility easement and Garbage Service Easement located in Section 15, Block E-2, Lubbock County (5002 91" Street) (second and final reading). ORDINANCE NO. 2002-00031 AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT UNDERGROUND UTILITY EASEMENT AND GARBAGE SERVICE EASEMENT LOCATED IN SECTION 15, BLOCK E-2, 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 PUBLICATON. (17.) Ordinance No. 2002-00032 abandoning and closing a six-foot by six- foot switch enclosure easement for Lubbock Power & Light located in Tract "C", Southwest Haven Addition to the City of Lubbock (4810 South Loop 289) (first reading). ORDINANCE NO. 2002-00032 AN ORDINANCE ABANDONING AND CLOSING A 6 FOOT BY 6 FOOT LP&L SWITCH ENCLOSURE EASEMENT LOCATED IN TRACT C, IN THE SOUTHWEST HAVEN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a Lubbock Power & Light 6-foot by 6-foot switch enclosure easement located 26 feet south of the northeast corner of tract "C", Southwest Haven Addition. This is located just west of Utica Avenue between 66`h Street and South Loop 289. LP&L no longer needs this easement and the property is being developed for a business whose plans required that it be removed. Staff recommended approval of the first reading of this ordinance. 203 Regular City Council Meeting March 28, 2002 Page 204 Next item to be considered was Item No. 19. (18.) Ordinance No. 2002-00034 amending Chapter 4 of the Code of Ordinances of the City of Lubbock, Texas, with regard to animal care generally; fees for licenses, permits and impoundment; repeal of Ordinance No. 8358; creation of the Animal Shelter Advisory Committee; providing from criminal penalties; providing a savings clause; and providing for publication (first reading). This item was moved to Regular Agenda and considered following Item No. 39. ORDINANCE NO. 2002-00034 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ANIMAL CARE GENERALLY; FEES FOR LICENSES, PERMITS AND IMPOUNDMENTS; REPEAL OF ORDINANCE NO. 8358; CREATION OF THE ANIMAL SHELTER ADVISORY COMMITTEE; PROVIDING FOR CRIMINAL PENALTIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Most of the provisions in this new ordinance are taken directly from Chapter 823 of the Local Government Code and sections from Ordinance No. 8358 that is being rescinded. Changes reflected in the new ordinance include a decrease in the dog and cat license annual fee from the $10 passed by Council during last year's budget session to $5. The $5 fee is acceptable to the South Plains Veterinary Association, reduces any negative impact to the local veterinarians, and furthers the promotion of Animal Services activities. Additional fee increases passed during last year's budget adoption for the costs of reclaiming animals from the City Animal Control facility are also reflected in the new ordinance. The ordinance also creates a stand-alone Animal Shelter Advisory Committee to assist the City of Lubbock in complying with the terms in Chapter 823 of the Texas Health and Safety Code. Previously, the Animal Shelter Advisory Committee had been a subcommittee to the Lubbock Board of Health. The committee will be composed of a licensed veterinarian, an animal welfare organization representative, a City official, and a City animal shelter employee. This advisory committee will meet at least three times per year and members will be appointed for a 2-year term limit. Staff recommended approval of the first reading of this ordinance. Motion was made by Councilmember Cooke to amend the proposed ordinance before us and temporarily set the dog and cat license annual fee back to $2.50 until such time the Animal Shelter Advisory Committee can evaluate and recommend a permanent fee structure. Furthermore, he moved to amend the composition of the Animal ShelterAdvisory Committee to be composed of seven (7) persons with the following qualifications: one (1) licensed veterinarian; one (1) animal welfare organization representative; one (1) City official, One (1) City animal shelter employee and three (3) at -large persons. Motion was seconded by Councilmember Hernandez to pass on first reading Ordinance No. 2000- 00033 as recommended. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 32. 204 Regular City Council Meeting March 28, 2002 Page 205 (19.) Ordinance No. 2002-00033 authorizing an interest rate hedge agreement related to Waterworks Revenue Refunding Bonds, Series 2005; providing for payments thereunder by a lien on and pledge of the net revenues of the City's waterworks; enacting other provisions incident thereto; and providing for an effective date (first reading). This item was considered following Item No. 17. ORDINANCE NO. 2002-0033 AN ORDINANCE AUTHORIZING AN INTEREST RATE HEDGE AGREEMENT RELATED TO WATERWORKS REVENUE REFUNDING BONDS, SERIES 2005; PROVIDING FOR PAYMENTS THEREUNDER BY A LIEN ON AND PLEDGE OF THE NET REVENUES OF THE CITY=S WATERWORKS; ENACTING OTHER PROVISIONS INCIDENT THERETO; AND PROVIDING FOR AN EFFECTIVE DATE The City plans to sell and issue tax-exempt variable rate bonds to payoff (defease) the "Brazos River Authority Special Facilities (Lake Alan Henry) Revenue Refunding Bonds, Series 1995" (Refunding Bonds). This defeasance will occur on or around or up to 90 days preceding August 15, 2005, when the Refunded Obligations may be redeemed at the option of the Brazos River Authority. In order to hedge against possible increases in the rate of interest to be borne by the variable -rate bonds, the City has determined to enter into an interest rate hedge agreement in connection with and in anticipation of issuance of the variable -rate bonds. This hedge will lock in a rate at today's market rate environment, thus creating a fixed rate payment schedule for the bonds that will be issued in 2005. This hedge reduces the volatility of interest rate fluctuations that affect the interest costs associated with this transaction. Staff recommended approval of the first reading of this ordinance. (20.) Resolution No. 2002-RO107 authorizing the Mayor to execute an agreement for financial products by and between the City of Lubbock and the First Southwest Company. RESOLUTION NO. 2002-RO107 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 for Financial Products, by and between the City of Lubbock and the First Southwest Company, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 205 Regular City Council Meeting March 28, 2002 Page 206 APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges Managing Director of Finance APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2002-R0107. The City plans to sell and issue tax-exempt variable rate bonds to defease the "Brazos River Authority Special Facilities (Lake Alan Henry) Revenue Refunding Bonds, Series 1995" (Refunding Bonds). This defeasance will occur on or around or up to 90 days preceding August 15, 2005, when the Refunded Obligations may be redeemed at the option of the Brazos River Authority. In order to hedge against possible increases in the rate of interest to be borne by the variable -rate bonds, the City has determined to enter into an interest rate hedge agreement in connection with and in anticipation of issuance of the variable -rate bonds. This hedge will lock in a rate at today's market rate environment, thus creating a fixed rate payment schedule. This hedge reduces the volatility of interest rate fluctuations that affect the interest costs associated with this transaction. The contract is between the City and First Southwest Company (FSC). FSC will provide independent advisory services for the interest rate swap transaction for the full term of the variable -rate bonds. Staff recommended approval of the first reading of this ordinance. (21.) Resolution No. 2002-RO108 to reimburse bond -funded capital expenditures on sewer system improvements, with proceeds of future debt; amount of reimbursement will be no more than $2,500,000. RESOLUTION NO.2002-RO108 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for sewer system improvements for said City (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursements; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. 206 Regular City Council Meeting March 28, 2002 Page 207 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $2,500,000. Passed by the City Council this 28th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges Managing Director of Finance APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver 1S` Assistant City Attorney Bond -funded capital projects for the City's Sewer System were approved in the 2001-2002 Capital Projects Budget. The projects related to this reimbursement resolution include projects that are needed to ensure compliance with TNRCC regulations regarding effluent disposal and the groundwater remediation plan. Permit changes and modified irrigation application plans have necessitated infrastructure improvements. The bond proceeds that will fund these projects have an expected delivery date of August 2002. For authorized construction projects there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. This resolution allows reimbursement of authorized costs incurred in advance of the bond issuance in order that projects may be completed within prescribed timeframes. Staff recommended approval of this resolution. (22.) Resolution No. 2002-RO109 authorizing; the Mayor to execute a Quitclaim Deed in favor of H.A. Sessions for two portions of 981' Street located in Section 17, Block E-2, Lubbock County, Texas (9801 Orlando Avenue). RESOLUTION NO. 2002-RO109 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 Quitclaim Deed in favor 207 Regular City Council Meeting March 28, 2002 Page 208 of H. A. Sessions attached herewith. Said Quitclaim Deed 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 March, 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 Quitclaim Deed is filed with Resolution No. 2002-R0109. This deed quitclaims the 0.136-acre portion and the 0.022-acre portion of land being abandoned and closed in the previously read abandon and close ordinance #2002- 00030 closing two portions of 98' Street to H.A. Sessions. Staff recommended approval of this resolution. (23.) Resolution No. 2002-RO110 authorizing the Right -of -Way Department to make an offer to Betenbough Quality Homes, Inc. for two sanitary sewer line easements and two temporary working easements in Section 27, Block A-K, Lubbock County (82nd Street and Milwaukee Avenue). RESOLUTION NO. 2002-RO110 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: for two sanitary sewer line easements and two working easements in the southwest Lubbock annexation area, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the two sanitary sewer line easements and two working easements of the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: OWNER'S NAME AMOUNT Betenbough Quality Homes, Inc. a Texas Corporation $52,271.00 I Regular City Council Meeting March 28, 2002 Page 209 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in Exhibits A, B, C, & D attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of above -described parcel of land being BETENBOUGH QUALITY HOMES, INC. a Texas Corporation BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of two sanitary sewer line easements and two working easements, including all legal obligations attached thereto, for the use and benefit of the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcel as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 28th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Ed Bucy Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Linda L. Chamales Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney A copy of Exhibits A, B and C is filed with Resolution No. 2002-RO110. The City of Lubbock is currently expanding their sewer service to the newly annexed area of Southwest Lubbock. This resolution authorizes the Right -of -Way Department to make an offer to Betenbough Quality Homes, Inc. for two sewer line easements and two working easements. The first easement runs from northward from 98`' Street to 82" Street along the west side of Milwaukee Avenue. This permanent easement is 30-feet in width and 5,225 feet in length and contains 3.60 acres. The working easement is 70-feet in width and contains 8.40 acres and is located just west of the permanent easement. Don Harris, M.A.I., appraised these easements and valued the permanent easement and working easement at $16,540. The second permanent 20-foot wide sewer line easement runs along the south side of 82°d Street from Milwaukee Avenue westward for 2,506.95 feet. With it is a 70-foot wide working easement that runs along the south side of the permanent easement. The permanent easement contains 1.727 acres and the working easement contains 4.029 acres. The appraised value of these two is $35,731. Therefore, the total offer to Betenbough is $52,271. This resolution authorizes condemnation proceedings to acquire these easements if our offer is refused. Staff recommended approval of this resolution. 209 Regular City Council Meeting March 28, 2002 Page 210 (24.) Resolution No. 2002-RO111 authorizing the Right -of -Way Department to make an offer to Nancy Bacon Snow, John C. Bacon, and Patricia M. Bacon for a sanitary sewer line easement and working easement located in Section 30, Block A-K, Lubbock County, Texas (north of 82°1 Street and Milwaukee Avenue). RESOLUTION NO. 2002-RO111 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: for a sanitary sewer line easement and working easement in the southwest Lubbock annexation area, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the sanitary sewer line easement and working easement of the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: OWNER'S NAME AMOUNT $9,031.00 NANCY BACON SNOW, Individually and as Trustee of The Nancy Bacon Snow Children Trust dated December 30, 1977; JOHN C. BACON, Trustee of The John C. Bacon Children Trust dated December 30, 1977; PATRICIA M. BACON, Individually and as Custodian for John Franklin Bacon, a minor under the Texas Uniform Gifts to Minors Act $9,031.00 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in Exhibits A & B attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of above -described parcel of land being NANCY BACON SNOW, Individually and as Trustee of The Nancy Bacon Snow Children Trust dated December 30, 1977; JOHN C. BACON, Trustee of The John C. Bacon Children Trust dated December 30, 1977; PATRICIA M. BACON, Individually and as Custodian for John Franklin Bacon, a minor under the Texas Uniform Gifts to Minors Act BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of sanitary sewer line easement and working easement, including all legal obligations attached thereto, for the use and benefit of the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcel as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 28th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 210 Regular City Council Meeting March 28, 2002 Page 211 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 A copy of Exhibits A and B is filed with Resolution No. 2002-RO111. This resolution allows the City to make an offer to Nancy Bacon Snow, John C. Bacon, and Patricia M. Bacon for a 30-foot wide permanent sanitary sewer line easement and a 70-foot wide temporary working easement to be located in the future right-of-way of Milwaukee Avenue from 82°1 Street northward to 66`h Street. Don Harris made an appraisal of these easements that indicated a value of $5,949 for the 3.57-acre permanent easement, $2,082 for the 8.33 acre working easement, and $1,000 in land damages for a total value of $9,031 that is our offer to Mrs. Snow and the Bacons. This resolution authorizes condemnation proceedings to acquire these easements if our offer is refused. Staff recommended approval of this resolution. (25.) Resolution No. 2002-RO112 authorizing the Right -of -Way Department to make an offer to Word Aflame Pentecostal Church of Lubbock, Inc. for a sanitary sewer line easement and working easement in Section 27, Block A-K, Lubbock County (6901 82°d Street). RESOLUTION NO. 2002-RO112 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: for a sanitary sewer line easement and working easement in the southwest Lubbock annexation area, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the sanitary sewer line easement and working easement of the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: OWNER'S NAME AMOUNT Word Aflame Pentecostal Church of Lubbock, Texas, Inc. $17,883.00 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in Exhibits A & B attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owner of above -described parcel of land being Word Aflame Pentecostal Church of Lubbock, Texas, Inc. BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for 211 Regular City Council Meeting March 28, 2002 Page 212 their respective parcel(s), which is the amount appraised as the value and total damages for the granting of sanitary sewer line easement and working easement, including all legal obligations attached thereto, for the use and benefit of the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcel as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 28th day of March, 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 This sewer line easement and working easement are needed for the newly annexed area in Southwest Lubbock. This resolution authorizes the Right - of -Way Department to make an offer to the Word Aflame Pentecostal Church for a 20-foot wide permanent easement along the south side of 82"d Street immediately west of Quincy Avenue for 367.89 feet and a 70-foot working easement on the south side of the 20-foot easement. Don Harris has appraised the permanent easement of 7,358 square feet and the working easement of 25,752 square feet at $17,883, which is our offer to the Church. This resolution authorizes condemnation proceedings to acquire these easements if our offer is refused. Staff recommended approval of this resolution. (26.) Resolution No. 2002-RO113 authorizing the Right -of -Way Department to make an offer to the Shaareth Israel Congregation for a sanitary sewer line easement and a temporary working easement in Section 27, Block A-K, Lubbock County (7001 82"d Street). RESOLUTION NO. 2002-RO113 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: for a sanitary sewer line easement and working easement in the southwest Lubbock annexation area, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: 212 Regular City Council Meeting March 28, 2002 Page 213 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the sanitary sewer line easement and working easement of the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: OWNER'S NAME AMOUNT Shaareth Israel Congregation $39,800 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in Exhibits A & B attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owner of above -described parcel of land being Shaareth Israel Congregation BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of sanitary sewer line easement and working easement, including all legal obligations attached thereto, for the use and benefit of the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcel as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 28th day of March, 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 A copy of Exhibits A and B is filed with Resolution No. 2002-R0113. The resolution is to make an offer to the Shaareth Israel Congregation for a 20-foot wide permanent sanitary sewer line easement and a 70-foot wide working easement that are located along the south side of 82❑d Street just west of Quincy Avenue. These easements will run east to west for 613.6 feet. Don Harris appraised both of these easements at $39,800; $25,500 of this amount is valued to the damages since several landscaping items will be taken. Therefore, our offer to the church is $39,800. This resolution authorizes condemnation proceedings to acquire these easements if our offer is refused. Staff recommended approval of this resolution. 213 Regular City Council Meeting March 28, 2002 Page 214 (27.) Resolution No. 2002-RO114 authorizing the Right -of -Way Department to make an offer to West Joint Venture, Charles Skibell, Norma Elaine Skibell, Richard B. Skibell, Irvin Skibell, David L. Skibell, Bernard F. Skibell, Aaron Wechter, Edward Luskey, Jack Rosen and Allan Rosen for a sanitary sewer line easement and a working easement in Section 27, Block A-K, Lubbock County (7101 82°d Street). RESOLUTION NO. 2002-RO114 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: for a sanitary sewer line easement and working easement in the southwest Lubbock annexation area, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the sanitary sewer line easement and working easement of the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: OWNER'S NAME WEST JOINT VENTURE, a Texas joint venture consisting of CHARLES SKIBELL; NORMA ELAINE SKIBELL, Individually and as Independent Executrix of the Estate of Albert Skibell, Deceased, and as Trustee of those certain testamentary trusts created under the Last Will and Testament of Albert Skibell, and identified therein as The Albert Skibell Marital Trust and The Albert Skibell Estate Trust; RICHARD B. SKIBELL, Individually and as Co -Trustee of those certain testamentary trusts created in the Last Will and Testament of Shirlene Skibell, Deceased, and identified therein as The Shirlene and Irvin Skibell Marital Trust and The Shirley and Irvin Skibell Family Trust; IRVIN SKIBELL, Individually and as Co -Trustee of those certain testamentary trusts created in the Last Will and Testament of Shirlene Skibell, Deceased, and identified therein as The Shirlene and Irvin Skibell Marital Trust and The Shirley and Irvin Skibell Family Trust; DAVID L. SKIBELL; BERNARD F. SKIBELL; AARON WECHTER; EDWARD LUSKEY; JACK ROSEN; ALLAN ROSEN, all acting as joint ventures; and BERNARD F. SKIBELL, Individually; RICHARD B. SKIBELL, Individually; DAVID L. SKIBELL, Individually; IRVIN SKIBELL, Individually AMOUNT $607.00 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in Exhibits A & B attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of above -described parcel of land being WEST JOINT VENTURE, a Texas joint venture consisting of CHARLES SKIBELL; NORMA ELAINE SKIBELL, Individually and as Independent Executrix of the Estate of Albert Skibell, Deceased, and as Trustee of those certain testamentary trusts created under the Last Will and Testament of Albert Skibell, and identified therein as The Albert Skibell Marital Trust and The Albert Skibell Estate Trust; RICHARD B. SKIBELL, Individually 214 Regular City Council Meeting March 28, 2002 Page 215 and as Co -Trustee of those certain testamentary trusts created in the Last Will and Testament of Shirlene Skibell, Deceased, and identified therein as The Shirlene and Irvin Skibell Marital Trust and The Shirley and Irvin Skibell Family Trust; IRVIN SKIBELL, Individually and as Co -Trustee of those certain testamentary trusts created in the Last Will and Testament of Shirlene Skibell, Deceased, and identified therein as The Shirlene and Irvin Skibell Marital Trust and The Shirley and Irvin Skibell Family Trust; DAVID L. SKIBELL; BERNARD F. SKIBELL; AARON WECHTER; EDWARD LUSKEY; JACK ROSEN; ALLAN ROSEN, all acting as joint ventures; and BERNARD F. SKIBELL, Individually; RICHARD B. SKIBELL, Individually; DAVID L. SKIBELL, Individually; IRVIN SKIBELL, Individually BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of sanitary sewer line easement and working easement, including all legal obligations attached thereto, for the use and benefit of the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcel as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 28th day of March, 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 A copy of Exhibits A and B is filed with Resolution No. 2002-RO114. This resolution allows the Right -of -Way Department to make an offer to the Skibell Family, West Joint Venture and its members, for a 20-foot by 20-foot permanent sewer line easement and a 20-foot by 70-foot working easement located west of Quincy Avenue along the south side of 82' Street. Don Harris appraised these easements for a total appraised offer of $607. This resolution authorizes condemnation proceedings to acquire these easements if our offer is refused. Staff recommended approval of this resolution. (28.) Resolution No. 2002-RO115 authorizing the Right -of -Way Department to make an offer to Ernest James Lowrey, Jean Oates Lowrey, Richard Chapman Lowrey, Juanita Wood Lowrey, Harry Honig, and Lois Lynwood Lowrey Honig for a sanitary sewer line easement and a temporary working easement in Section 35, Block A-K, Lubbock County (661h Street and Milwaukee Avenue). 215 Regular City Council Meeting March 28, 2002 Page 216 RESOLUTION NO. 2002-RO115 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: for a sanitary sewer line easement and working easement in the southwest Lubbock annexation area, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the sanitary sewer line easement and working easement of the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: OWNER'S NAME ERNEST JAMES LOWREY and JEAN OATES LOWREY, husband and wife, RICHARD CHAPMAN LOWREY and JUANITA WOOD LOWREY, husband and wife, HARRY HONIG and LOIS LYNWOOD LOWREY HONIG, husband and wife AMOUNT $13,540.00 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in Exhibits A & B attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of above -described parcel of land being ERNEST JAMES LOWREY and JEAN OATES LOWREY, husband and wife, RICHARD CHAPMAN LOWREY and JUANITA WOOD LOWREY, husband and wife, HARRY HONIG and LOIS LYNWOOD LOWREY HONIG, husband and wife BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of sanitary sewer line easement and working easement, including all legal obligations attached thereto, for the use and benefit of the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcel as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 28th day of March, 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 216 Regular City Council Meeting March 28, 2002 Page 217 APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney This 30-foot wide sanitary sewer line easement and 70-foot wide temporary working easement are being acquired from the Lowrey and Honig family members as part of the utility improvement program in the newly annexed area in Southwest Lubbock. This sewer line will run down the future west right-of-way of Milwaukee Avenue from 66' Street northward to Spur 327. The temporary working easement is located immediately west of the permanent easement. Don Harris appraised these two easements. He appraised the 1.04-acre permanent sewer line easement at $9,768, the working easement at $3,426, and damages at $300 for a total offer to the property owners of $13,540 (rounded). This resolution authorizes condemnation proceedings to acquire these easements if our offer is refused. Staff recommended approval of this resolution. (29.) Resolution No. 2002-RO116 authorizing the Mayor to execute Amendment #6 to the Engineering Services Agreement between the City of Lubbock and Delta Airport Consultants, Inc. for the design of Runway 17R-35L Exit Taxiway at Lubbock International Airport. RESOLUTION NO.2002-RO116 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, Amendment No. 6 to the Agreement dated May 22, 1997, by and between the City of Lubbock and Delta Airport Consultants, Inc. for the construction of a R/W 17R-35L Exit Taxiway, and related documents. Said Amendment No. 6 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 March, 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 Amendment No. 6 is filed with Resolution No. 2002-RO116. 217 Regular City Council Meeting March 28, 2002 Page 218 This agenda item authorizes engineering services for the construction of a connector taxiway -serving Runway 17R-35L at Lubbock International Airport. The taxiway will be located on the west side of the runway, adjacent to the air cargo facility. This project will allow for improved capacity and efficiency on Lubbock International's busiest runway. The estimated construction cost of the project is $1,162,398. In 1996, the City Council awarded master engineering services agreements to two firms, each agreement giving first -right -of refusal for specific projects in the airport's Capital Improvement Program. As a part of this process, design work on the new connector taxiway was awarded to Delta Airport Consultants, Inc. The negotiated cost for these services includes a lump sum fee of $99,946 for design, and a "not to exceed" cost of $42,718 for reimbursable expenses. Ninety percent of the total cost for these services will be funded through a Federal Aviation Administration grant under the Airport Improvement Program. The remaining ten- percent will come from the Passenger Facility Charge program. Staff recommended approval of this resolution. (30.) Resolution No. 2002-RO117 authorizing the Mayor to execute a lease agreement between Marcos Steel & Aluminum Co. and the City of Lubbock. RESOLUTION NO. 2002-RO117 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Non -Aeronautical Lease Agreement with associated documents for and on behalf of the City of Lubbock with Marco Steel & Aluminum Co. 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 March, 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 Section A copy of the Agreement is filed with Resolution No. 2002-RO117. Marcos Steel and Aluminum Co. is a company that processes and stores steel and steel products. They are based out of Midland and also have an operation in Albuquerque. This item is to authorize approval of a resolution authorizing a new lease agreement between Marcos Steel and the City of Lubbock. The company will occupy Warehouse 716 and a p4F.11 Regular City Council Meeting March 28, 2002 Page 219 portion of Warehouse 718 located on the east side of Lubbock International Airport. They have also requested to lease the adjacent land east of Warehouse 716. The lease has an initial term of three years, with two additional three-year extensions. The annual rent to the City for the leased premises will be $25,320.82. The Airport Board has reviewed this agreement and recommended approval. Staff also recommended approval of this resolution. (31.) Resolution No. 2002-RO118 authorizing the Community Development Department, in partnership with the Member Bank, American State Bank, to apply for Federal Home Loan Bank Grant funds for the Mike Fowler and Melba Richards Homeowner Assistance Program. RESOLUTION NO. 2002-RO118 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized to sign an application for Federal Home Loan Bank Grant funds in partnership with the Member Bank, American State Bank, for the Mike Fowler and Melba Richards Homeowner Assistance Program. Said application 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 March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Managing Director Community Development APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Application is filed with Resolution No. 2002-RO118. The Federal Home Loan Bank of Dallas has $8.5 million available for grant applications of eligible housing projects. The applications are due on April 15, 2002. The C.D. Department would like to apply for these funds to coordinate with the other rehab loan programs offered by the department or to be used as a stand-alone grant program. There is a need for the additional housing funds as there are always more qualified applicants than available funds. Also, the C.D. Department already has the staff and program guidelines in place to administer these funds. If received, the grant funds will be to assist low-income homeowners, (50% and below median income) on a city-wide basis with handicap accessibility items, emergency repairs, and energy efficiency items with 20% of the funds set aside for low income homebuyers assistance. A forgivable lien will be placed on the property as required by the grant. To apply for these funds, a member bank of the Federal Home Loan Bank must be a partner in the application and be the fiduciary bank set up to 219 Regular City Council Meeting March 28, 2002 Page 220 receive the grant funds. American State Bank (ASB) will be the Member Bank Partner. ASB will also be waiving credit report fees in conjunction with the homebuyer's assistance portion of this application. Staff would like to apply for this grant, and if approved, have the program be in memory of two of our late Urban Renewal Agency Board Members, Melba Richards and Mike Fowler. The Urban Renewal Agency Board approved this item on March 19, 2002 pending Council and the FHLB of Dallas approval. Staff recommended approval of this resolution. Next item to be considered was Item No. 33. 11:15 Councilmember Nelson left the dais. (32.) Resolution No. 2002-RO124 approving recommendations made by the Community Development Services Board regarding policy changes for the Economic Development Program and the Micro -Enterprise Loan Program. This item was moved to Regular Agenda and considered following Item No. 18. RESOLUTION NO. 2002-RO124 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves of the recommendations made by the Community Development Services Board regarding policy changes for the Economic Development Program and the Micro -Enterprise Loan Program, and associated documents, which Recommendations 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 is fully copied herein in detail. Passed by the City Council this 28th day of March, 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 Director APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Recommendations is filed with Resolution No. 2002-R0124. 220 Regular City Council Meeting March 28, 2002 Page 221 The Community Development Services Board met on Wednesday, March 13 to discuss ways to encourage businesses to utilize the Economic Development funds that are currently in place. The following recommendations were approved unanimously by the board. The Economic Development Program serves as a source of capital for qualified businesses with the ultimate goal of creating jobs for low -to - moderate income persons. HUD guidelines call for extensive monitoring of the business following the loan and stringent levels of achievement pertaining to job creation. Several potential applicants have declined to finish the application process due to these requirements. The proposed policy changes should have a positive impact on the willingness of businesses to utilize the available funds. Details regarding the policy changes are attached. The Micro -Enterprise Loan Program has been offering low -to -moderate business owners access to capital for several years. Although the majority of borrowers have paid their loans as agreed, there are cases in which the businesses have failed and repayment of the loan has not happened. The proposed changes concerning charge -off policies will allow for a more accurate monitoring of the collection process and the overall success of the program. Details regarding the policy changes are attached. Nancy Haney, Community Development Director, presented staff comments. Staff recommended approval of this resolution. Motion was made by Councilmember McDougal, seconded by Councilmember Hernandez to pass Resolution No. 2000-RO124 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Next item to be considered was No. 36. 11:22 A.M. Councilmember Nelson returned to the dais. (33.) Resolution No. 2002-RO119 authorizing the Mayor to execute the necessary SFY 2002 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support the Lubbock City -County Library "Lone Star Libraries" Direct Aid Program. This item was considered following Item No. 31. RESOLUTION NO. 2002-RO119 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock the necessary SFY 2002 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support the Lubbock City -County Library "Lone Star Libraries" Direct Aid Program, and all related documents. Said Contract and related documents 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. 221 Regular City Council Meeting March 28, 2002 Page 222 Passed by the City Council this 28th day of March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Contract and related documents is filed with Resolution No. 2002-R0119. The 77' Texas State Legislature appropriated $2.9 million in each year of the 2002-2003 biennium for the Lone Star Libraries Program of direct state aid to Texas public libraries. This grant program provides direct grants-in-aid to public libraries that are members of the Texas Library System. Under this program, the Lubbock City -County Library will receive $25,476 in SFY 2002. The purpose of the Lone Star Libraries direct aid program (13 TAC Sec. 2.160) is to provide incentive for local communities to extend public library service without charge to those Texans residing outside each library's local legal service area, to improve library services statewide, and to improve access to public library resources for all Texans. Primarily because of geographical factors, the Lubbock City -County Library has never instituted a "non-resident" fee. Also, it has historically provided the "reciprocal borrowing" status to anyone living in the 29- county area of the West Texas Library System. With these provisions already in place, the Lubbock library is eligible to receive full -formula funding under the Direct Aid program. The Lubbock City -County Library will use the LoneStar funds to supplement the local library support for library materials, in order to support the grant purpose of equal access for all Texans at the local level. The Library will purchase audio-visual media for adults and children, including books on tape and CD, videos, and digital videodisks. Staff recommended approval of this resolution. (34.) Resolution No. 2002-R0120 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an Interlocal Services Agreement for professional services pertaining to the Lubbock Metropolitan Medical Response System and any associated documents with the University of North Texas Health Sciences Center at Fort Worth. 222 Regular City Council Meeting March 28, 2002 Page 223 RESOLUTION NO. 2002-RO120 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 Interlocal Services Agreement for professional services pertaining to the Lubbock Metropolitan Medical Response System and any associated documents with the University of North Texas Health Sciences Center at Fort Worth, a copy of which agreement 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 March, 2002. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Director 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-R0120. This agreement allows collaboration between the University of North Texas Health Sciences Center School of Public Health at Fort Worth and the City public health and emergency management officials to develop the Lubbock Metropolitan Medical Response System (LMMRS). The LMMRS system will be an enhanced local capability of our existing emergency management system. The LMRRS will be the principal resource in responding to the health and medical consequences of a nuclear, biological, chemical, radiological, and/or explosive Weapons of Mass Destruction (WMD) event and will involve extensive planning, developing, purchasing of special pharmaceuticals, and identifying training needs for the Lubbock area. The contract between the City and the Department of Health and Human Services will be the guiding document for developing the system. The University of North Texas will assign a doctoral level Project Planning Coordinator to the LMMRS Development Team. The Project Coordinator will provide assistance in organizing the planning process, preparing any written document, submitting monthly progress reports, and submitting a final report. The Project Coordinator will ensure the scope of work has been completed and that the Lubbock MMRS is fully operational by December 19, 2004. Payment for these services will be at the rate of $1,250 per month payable from our MMRS federal contract. 223 Regular City Council Meeting March 28, 2002 Page 224 Staff recommended approval of this resolution. (35.) Resolution No. 2002-RO121 authorizing the Mayor to execute a grant application to the Federal Emergency Management Agency (FEMA) for fire fighting funds. RESOLUTION NO. 2002-RO121 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a grant application to the Federal Emergency Management Agency (FEMA) for fire fighting funds, and all related documents. Said application 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 March, 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 APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Application is filed with Resolution No. 2002-R0121. In fiscal year 2002, Congress appropriated $360,000,000 to carry out the activities of the Assistance to Fire Fighter Grant Program. Presented this opportunity, fire departments from across the nation may now apply for these grant funds from one of four categories approved for allocation. The Lubbock Fire Department is applying for funding in the area of "Fire Fighting Vehicles Acquisition Program" for which monies will be directed at securing a GVWR Crew Cab equipped to transport the Fire Safety House to an assortment of events scheduled throughout the year. Attributed to a population criterion formulated by FEMA, the grant will require a 30% local match of the federal funds approved. The total dollar amount of the department's grant package is $50,950 with the resulting city match equaling $15,285. All participants will be notified of award by no later than December 31, 2002. If awarded, matching funds will provided by the Public Safety Improvement Fund and not affect the General Fund. Staff recommended approval of this resolution. Next item to be considered was Item No. 37. 224 Regular City Council Meeting March 28, 2002 Page 225 (36.) Resolution No. 2002-RO125 authorizing the Mayor to execute a State Tax Audit Assistance and Recovery agreement with Tax STARR L.L.C. of Lubbock, Texas. This item was moved to Regular Agenda and considered following Item No. 32. RESOLUTION NO. 2002-RO125 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for a Tax Consulting Agreement, by and between the City of Lubbock and Tax Staar L.L.C. 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 March, 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-R0125. A tax consulting agreement with Tax STAAR, L.L.C. (STARR) will help recover state sales tax paid by and due to the City of Lubbock. STARR will file for said tax recoveries for the previous four years and the City will pay STARR 30 % of all refunds, credits, and/or audit assessment reductions, including penalty and interest determined to be due to the City, within ten days of receipt or reduction of taxes due the City. Services performed by STARR should require minimal City staff time. STARR will review the City's purchase invoices and public works projects for the past four years. STARR is a locally owned company. Ron Luke and Ronnie Bouldin are principals of the business and have over 56 years of combined audit experience in the Texas Comptroller's Office. Victor Kilman, Purchasing Manager, presented staff comments Staff recommended approval of this resolution. 225 Regular City Council Meeting March 28, 2002 Page 226 Motion was made by Councilmember Morrison, seconded by Councilmember Nelson to pass Resolution No. 2000-RO125 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 38. (37.) Resolution No. 2002-R0122/BID #012-02/RS-for Contract Turf Maintenance -Annual Pricing (Group 7) (Park Development). RESOLUTION NO. 2002-RO122 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for contract turf maintenance - annual pricing per Bid #012-02/RS, by and between the City of Lubbock and B & M Service Company of Lubbock, Texas. and related documents. Said Letter of Award 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 March, 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 Letter of Award is filed with Resolution No. 2002-R0122. The Contract Turf Maintenance -Annual Pricing Contract for Group 7 was awarded to R&M Mowing & Landscape Service of Lubbock, Texas at the February 14, 2002 Council Meeting. Group 7 is classified as a Class E park, consisting of four annual mowing cycles, which has approximately 514 acres. The low bid amount from R&M was $45,244. However, due to a family illness, R&M will not be able to perform the work and has withdrawn their bid. The Purchasing Department respectfully requests Council approval of the second low bid for this portion of the contract. The next low bid for Group 7 is $49,480 from B&M Service Company of Lubbock, Texas and is within the Professional -Privatization Services budget. The total annual mowing maintenance cost for all groups is $886,306.07 and is under the annual budget amount. Next item to be considered was Item No. 39. 11:25 A.M. Councilmember Hernandez left the dais. 226 Regular City Council Meeting March 28, 2002 Page 227 (38.) Resolution No. 2002-R0126/BID #037-02/RS-for Automotive Batteries — Annual Pricing (Fleet Services Auto Parts). This item was moved to Regular Agenda and considered following Item No. 36. RESOLUTION NO. 2002-RO126 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 Letter of Award for contract turf maintenance - annual pricing per Bid #037-02/RS, by and between the City of Lubbock and Continental Battery of Lubbock, Texas. and related documents. Said Letter of Award 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 March, 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 Letter of Award is filed with Resolution No. 2002-R0126. This bid establishes annual pricing for batteries for automobiles, light duty trucks, and specialized equipment. The low bid is $27,562.25 from Continental Battery of Lubbock, Texas and is within the Inventory Auto Parts budget. Victor Kilman, Purchasing Manager and Martha Ellerbrook, Managing Director, Management Services presented staff comments. Frank Olivares, Parts Manager explained how specifications were determined. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 2000-RO126 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Next item to be considered was Item No. 40. (39.) Resolution No. 2002-R0123/BID #045-02/RS-for the Municipal Lease/Purchase of Heavy Equipment (Fleet Services). This item was considered following Item No. 37. 227 Regular City Council Meeting March 28, 2002 Page 228 RESOLUTION NO. 2002-RO123 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for municipal lease/purchase of heavy equipment, by and between the City of Lubbock and Koch Financial Corporation of Scottsdale, Arizona 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 March, 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-R0123. This bid is for financing a five-year municipal lease/purchase of one landfill compactor for the Solid Waste Department. The financed amount for the compactor is $303,252. Bids for the compactor were considered at the October 25, 2001 Council meeting. The low bid is from Koch Financial of Scottsdale, Arizona with total interest payments of 3.627 percent or $21,983.85 and is within the Capital Outlay -Heavy Moveable Equipment budget. Annual payment amounts are $65,047.17 for the five-year lease. 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. 18. 11:30 A.M. PUBLIC HEARINGS (40.) Ordinance No. 2002-00035/ZONE CASE NO. 2541-A (7901 West 19"' Street): Hold a public hearing to consider request of James Ruthardt to amend the conditions of Ordinance No. 8824 to allow a game room as a permitted use on Lot(s) 1-17, Alcove Addition. This item was considered following Item No. 38. 228 Regular City Council Meeting March 28, 2002 Page 229 ORDINANCE NO. 2002-R00035 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2541-A; AMENDING THE CONDITIONS OF ORDINANCE 8824 TO ALLOW A GAME ROOM AS A PERMITTED USE ON LOT(S) 1-17, ALCOVE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:31 a. m. No one appeared in opposition. Mayor Sitton closed the hearing at 11:32 a. m. The current zoning for the existing shopping center is C-4 with a strike list that excludes game rooms. That strike list has been developed for areas along 19`h Street west of Loop 289 since the early 1980's. At one time, game rooms were a much more controversial use because of children hanging out and other disruptions. During the last ten years, the controversy (or at least enforcement complaints) has diminished to nothing. Several adjacent landowners or residents submitted concerns about traffic, crime and "environmental impact", but no one appeared at the hearing. The Planning staff talked to the person that gathered the petition and may have explained enough to satisfy their concern. A presumption made by staff is that computers and home game machines have changed the game room industry. The newest twist in the game room industry is the introduction of so called "eight liners", basically a slot machine with a complex series of laws and court cases regarding gambling. Regardless of the game the zoning code considers the machines as coin operated, and the City staff has left the legalities of eight liners to the District and State Attorneys. In terms of land use, they are treated as a game room. No enforcement related problems with the numerous eight liner operations in the City have been reported. The request does not involve discussion of the Comprehensive Land Use Plan since the zoning is already C-4. The shopping center is built, and the atmosphere of the area would not change. The proposed use would have no appreciable effect on the thoroughfare system. The Planning Commission recommended approval for amendment of Ordinance 8824 by removing game room from the list of prohibited uses. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to pass on first reading Ordinance No. 2000- 00035 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (41.) Ordinance No. 2002-00036/ZONE CASE NO. 2519-C (southwest corner of Spur 327 and Iola Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for CMS Properties) for a zoning change from C-3 to IHC on an unplatted 32.8-acre tract of land out of Section 36, Block A-K. 229 Regular City Council Meeting March 28, 2002 Page 230 ORDINANCE NO. 2002-00036 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2519-C; A ZONING CHANGE FROM C-3 TO IHC ZONING ON AN UNPLATTED 32.8-ACRE TRACT OF LAND OUT OF SECTION 36, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:31 a. in. No one appeared in opposition. Mayor Sitton closed the hearing at 11:32 a. in. The request is to rezone a parcel from C-3 to IHC. The previous zoning was intended to accommodate a hospital that has not materialized. The change to IHC will increase the types of commercial users of the property. A large parcel to the west was recently zoned IHC with the same proposed conditions. The areas to the east are zoned C-4 with conditions in a case preceding the development of IHC. Adjacent land uses: North —Spur 327 South -vacant, zoned residential East —church use and a car dealer West —vacant, zoned IHC The proposal is consistent with the Comprehensive Land Use Plan. The project should have little effect greater than anticipated on the thoroughfare system. With regard to zoning policy, since the area south of 66`' Street is targeted as residential, the staff proposes using the same conditions for increased setback as used on the large tract to the west. These conditions will increase the buffer for the property to the south. The Planning Commission recommended approval of the request subject to the following conditions: 1. That there be a sixty -foot setback for single -story, and seventy-five foot setback for buildings with two or more stories that front on 66' Street. 2. That there be ten percent on -site landscaping for parcels zoned IHC adjacent to Spur 327. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to pass on first reading Ordinance No. 2000- 00036 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (42.) Ordinance No. 2002-00037/ZONE CASE NO. 2933 (south of 82"d Street and west of Milwaukee Avenue): Hold a public hearing to consider request of Rick Betenbough (for Betenbough Quality Homes) for a zoning change from T to R-1 Specific Use and R-2 Specific Use for 20-foot front setbacks and 5-foot side setbacks adjacent to streets, C-3, A-2, GO on 320 acres of unplatted land out of the east half of Section 27, Block AK. 230 Regular City Council Meeting March 28, 2002 Page 231 ORDINANCE NO. 2002-00037 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2933; A ZONING CHANGE FROM T ZONING TO C-3, A-2, GO ZONING AND TO R-1 SPECIFIC USE AND R-2 SPECIFIC USE FOR 20-FOOT FRONT SETBACKS AND 5-FOOT SIDE SETBACKS ADJACENT TO STREETS, ON 320 ACRES OF UNPLATTED LAND OUT OF THE EAST HALF OF SECTION 27, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:31 a. in. No one appeared in opposition. Mayor Sitton closed the hearing at 11:32 a. in. As a comprehensive zone case on a half section of property, the request has a number of components: • R-1 Specific Use —the request is for a twenty foot front setback and a five foot side setback on lots adjacent to side streets (versus the standard ten feet). • R-2 Specific Use —the request is for a twenty foot front setback and a five foot side setback on lots adjacent to side streets. • A-2 on tracts along 82' Street and one at 981h and Milwaukee, which will allow church use or apartments. • GO (Garden Office) on tracts toward the west end, fronting to 82" Street. • C-3 at the corners of Milwaukee at 8.2nd and 98' Streets. The proposal is compatible with the principles of the Comprehensive Land Use Plan. The two areas not in strict compliance with the geometry proposed by the Plan are: 1. The commercial along 82nd at Milwaukee is 1,000 feet versus the policy of 660 feet. Since the tract to the south of the commercial is proposed as A-2, a proper buffer is in place. The land area inherited by annexation in 1999 along 82nd Street west of Milwaukee creates circumstances that will cause variations to standard Plan Policy. The amount of C-3 property is twelve acres versus the policy of ten, so the amount of land is generally in line with stated policy. 2. The amount of A-2 south of 82nd Street is generous, but volume or acreage of buffer districts is not discussed in the Comprehensive Plan. Several churches are already in contact with the owner, so some or most of the proposed A-2 will not be apartments. The proposed layout of the A-2 provides a buffer to the residential to the south. In the future, if the apartment or church use does not materialize, the parcels are arranged in a manner to revert to a residential use. Regarding zoning policy, the staff requested that a standard site plan review by the Planning Commission of proposed development within the C-3 areas be attached to the ordinance. In addition, in conjunction with the proposed five foot setback adjacent to side streets, the staff is requesting a condition that meshes the building setback with the side or rear yard fence (adjacent to the street) 231 Regular City Council Meeting March 28, 2002 Page 232 setback from the property line. The origin of the current ten -foot side set back requirement for the structure is not clear, other than perhaps five extra feet to protect a home from a runaway car. The greater setback issue along side streets, exaggerated by the recent adoption of more narrow street cross sections, is that visual access along the street is diminished by the "zero" fence setback. The zoning code does not address fence setback in other than the front yard. The staff recommended, as in a recent zone case allowing the five-foot setback for homes, that staff continues a "field test" of a five-foot setback requirement for the back/side yard fence with the ultimate result of amending the Code for new construction. With the recent introduction of curb back walks, the staff has verified reports of fences being built in the right of way, backed up to the sidewalk, creating an even greater (and illegal) hazard. In the "old days" with property line sidewalks, the back edge of the sidewalk was the property line. With curb back walks, the old standby location tool used by the construction industry is no longer available. Many of those in the construction industry are slow to change. The developer is not uncomfortable with the proposed condition for increased setback of the fences, but suggests that future homeowners will object to five feet of the back yard being outside the side fence. With the concession of an additional five feet of buildable area and the line of sight issues on the more narrow streets, the staff continues to recommended the five-foot setback requirement for a fence. The proposal is consistent with zoning policy. Development of the half square mile will have an effect on the thoroughfare system, but not more than anticipated for a development this size. The Planning Commission recommended the request subject to the following conditions: 1. That there be a site plan review by the Planning and Zoning Commission on the C-3 areas prior to permit. 2. Setback from side streets in the R-1 Specific Use and R-2 Specific Use shall be a minimum of five feet, and the setback of the fence for the side and/or rear yard adjacent to the street shall also be five feet from the street property line. 3. The R-1 Specific Use and R-2 Specific Use portions shall allow a twenty foot front setback, except that dimension may be reduced to within five feet of the front property line on lots adjacent to a cul- de-sac and except that any front entry garage shall meet a minimum of a twenty foot front setback. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to pass on first reading Ordinance No. 2000- 00037 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 232 Regular City Council Meeting March 28, 2002 Page 233 (43.) Ordinance No. 2002-00038/ZONE CASE NO. 1794-G (northwest corner of 981h Street and Indiana Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for Lubbock Commercial Buildings) for a zoning change from C-2 and A-2 to C-2 and R-1 Specific Use on 5.23 acres of unplatted land out of Section 14, Block E-Z. ORDINANCE NO. 2002-00038 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1794-G A ZONING CHANGE FROM C-2 AND A-2 TO C-2 AND R-1 SPECIFIC USE ZONING ON 5.23 ACRES OF UNPLATTED LAND OUT OF SECTION 14, BLOCK E-Z, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:31 a. in. No one appeared in opposition. Mayor Sitton closed the hearing at 11:32 a. in. The request would amend zoning that is now A-2 for apartments and church related uses and C-2. The proponent amended the request during the meeting to include a tier of townhome lots along Joliet, with the C-2 east from the rear (east side) of the townhomes. Adjacent land uses: North -church South -98`h Street East -commercial West -zoned R-2, developed as two -unit town homes The request is reasonably consistent with the Comprehensive Land Use Plan. With the amendment of the request, the concerns of the neighbors to the west are resolved. Several opponents were at the meeting to verify and agree to the change. With the buffering question resolved, the case does not present any zoning policy issues. The impact on the thoroughfare system will be negligible. The Planning Commission recommended the request with a condition on the lots adjacent to the proposed cul-de-sac: The R-1 Specific Use lot front setback for lots fronting the cul-de- sac may be reduced to within five feet of the front property line, except that any front entry garage shall meet a minimum of a twenty -foot front setback. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to pass on first reading Ordinance No. 2000- 00038 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (44.) Ordinance No. 2002-00039/ZONE CASE NO. 2934 (south of 98`h Street and west of Fulton Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for Craft Development Corporation) for a zoning change from T to R-2 and R-1 Specific Use for garden homes and R-1 Specific Use for 20-foot front setbacks on 166 acres of unplatted land out of Section 21, Block AK. 233 Regular City Council Meeting March 28, 2002 Page 234 ORDINANCE NO. 2002-00039 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2934; A ZONING CHANGE FROM T TO R-1 AND R-2 SPECIFIC USE FOR 20-FOOT FRONT SETBACKS AND TO R-1 SPECIFIC USE FOR GARDEN HOMES ON 166 ACRES OF UNPLATTED LAND OUT OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:31 a. in. No one appeared in opposition. Mayor Sitton closed the hearing at 11:32 a. in. The proposal brings the current "T" zoning into conformance with the latest trend for front setback of twenty feet on the R-2 and R-1 portions of this project. The "villas" portion will be true garden home development. Existing land use is vacant and/or residential in all directions except that to the east are three tracts, one targeted for a church and two as Lubbock Cooper school sites. The project conforms to both Comprehensive Land Use Plan policies and zoning policies. The Planning Commission recommended approval of the request with a condition on the R-1 (20-foot setback portions and the garden home tract) and R-2 (20-foot setback) areas: The R-1 Specific Use and R-2 Specific use portions for reduced setback shall allow a twenty foot front setback. That dimension may be reduced to within five feet of the front property line on lots adjacent to a cul-de-sac within all of the tracts except that any front entry garage shall meet a minimum of a twenty -foot front setback. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to pass on first reading Ordinance No. 2000- 00039 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. DEVELOPMENT SERVICES RIGHT-OF-WAY (45.) Ordinance No. 2002-00040 abandoning and closing a portion of three 20-foot alleys located in Blocks 68, 69, 70, Overton Addition, and a portion of 9' Street and 10" Street between Avenue V and Avenue W in the Overton Addition to the City of Lubbock (901 Avenue W) (first reading) . ORDINANCE NO. 2002-00040 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF THREE 20 FOOT ALLEYS LOCATED IN BLOCKS 68, 69, 70, OVERTON ADDITION AND A PORTION OF 9TH AND LOTH STREET BETWEEN AVENUE V AND AVENUE W IN THE OVERTON 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 PUBLICATON. 234 Regular City Council Meeting March 28, 2002 Page 235 The three alleys and two street portions in the Overton Addition are being closed as part of the McDougal North Overton redevelopment project. The three blocks that include the alley and street closures are being replatted into Tract A, The Centre Addition. Since McDougal was not the original dedicator of these streets and alley areas being closed, there will be a charge for them. Total alley area being closed is 36,012 square feet and the total street area being closed is 72,024 square feet. Appraisal District values indicate a square foot value of $00.16 per square foot that the Right -of -Way Department feels acceptable for this area. Applying this $00.16 square foot value to the alley and street area being closed, a value of $17,285.76 is determined. In the replat, several areas will be left as easements and additional area will be dedicated along the north side of the replat for 8`' Street creating a credit of $7,705.92 against this $17,285.76 for a total due the City of $9,579.84. Ed Bucy, Right of Way Agent, presented staff comments. Staff recommended the approval of the first reading of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2002- 00040 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal recused himself. (46.) Consider one appointment to the National Windmill Project, Inc. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Cynthia Martin to the National Windmill Project, Inc. Motion carried: 5 Yeas, 0 Nays. (47.) Consider one appointment to the Neighborhood Redevelopment Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to reappoint Carroll Blackwell to the Neighborhood Redevelopment Commission. Motion carried: 5 Yeas, 0 Nays. (48.) Consider ten appointments to the Youth Commission - Students. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Maranda Buchanan, Phillip Coggins, Nathan Hewitt, David Maddox, Whitney Meyers, Adrian Mitchell, Josh Queenan, Jason Richards, Robert Todd, and Calvin Walker to the Youth Commission - Students. 11:37 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 235 Regular City Council Meeting March 28, 2002 Page 236 1:40 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Nelson adjourned the meeting. Read and approved this /l ,' day of ,l �60oL /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: Rebe ca Garza, City Secretary PA161