Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 6/26/2002CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JUNE 26, 2002 11:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 26th day of June, 2002, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 11:30 A. M. 11:31 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tern Victor Hernandez, Councilmember Gary O. Boren; and Councilmember Tom Martin, Absent: Councilmember Alex "Ty" Cooke; Councilmember Frank W. Morrison, and Councilmember T.J. Patterson CITIZEN COMMENTS Angelo Ansley asked if there was any fund in particular for North/East Lubbock Development Commission. Mayor McDougal stated there were none at this time. EXECUTIVE SESSION Mayor McDougal stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Business/Neighborhood Development; Civic Services; Police Department; Stormwater); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Parks and Recreation; Streets Department; Water Utilities). 11:35 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present except Councilmember Cooke. Councilmember Patterson arrived at 1:00 P.M. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to deliberate and discuss strategic and business plans and studies; capital improvements and project plans and studies; financial, accounting and statistical data and plans; and debt allocation strategies, plans and studies of Lubbock Power and Light. ( 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 (Business/Neighborhood Development; Civic Services; Police Department; Stormwater). Regular City Council Meeting June 26, 2002 Page 448 (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Permit and License Appeal Board ( 5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Parks and Recreation; Streets Department; Water Utilities). 1:40 P. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. (6.) Presentation on Ports -to -Plains accomplishments, 2002 Legislative Agenda, 2003 Legislative Agenda, and assigned staffing. Randy Neugebauer, Chairman, Ports -to -Plains Corridor Coalition (15 minutes) As the Chairman of the Port -to -Plains Corridor Coalition, Randy Neugebauer represents our mutual interests and works on balancing infrastructure development in our respective corridor states. He, along with Tommy Gonzalez and Kevin Evans, has traveled with member city delegations to Washington DC to represent the corridor's interest. During those visits, they have called on Congressional and Senatorial staff members to ask about our requests related to our 2002 Legislative Agenda. A more recent visit consisting of Mr. Neugebauer, Kevin Knapp (Ports -to -Plains board member from Amarillo), and Tommy Gonzalez focused on introducing our 2003 Legislative Agenda as it relates to the Transportation Equity Act for the 21't Century and the reauthorization process. The next 18 to 24 months will be one of the most important times in the life of the Ports -to -Plains initiative. In the reauthorization of TEA-21 and the appropriations process, staff is going to be asking for a lot of money and trying to shape legislation that will ensure that Ports -to -Plains acquires adequate funding over the next several years. To this end, staff is positioning our communities through regional task forces so that staff can be prepared for funding opportunities that become available for improvements along the route. This presentation was for information purposes. ( 7.) Briefing on current status of the City's Federal Legislative efforts. Tony Privett, Director of Communications/Legislation (15 minutes) Several members of Council and staff recently returned from Washington DC, where local officials gathered to discuss national issues. The City's federal requests were also discussed with Congressional staff, and an update on these projects will be presented to Council. This was an informational update on the City's federal legislative agenda. (8.) Presentation on the occasion of the 35" Anniversary of the Friends of the Lubbock City -County Library, Inc. Beth George, President (10 minutes) The Friends of the Lubbock City -County Library was chartered as a 501c.3 non-profit charitable -educational organization in June 1967, in recognition of the community's need to develop and support a vital program of public library services for the citizens of Lubbock. The Friends of the Library mission is to focus public attention on Lubbock's public libraries, to stimulate library resources and services, to support and cooperate with the library in development of library services Regular City Council Meeting June 26, 2002 Page 449 and facilities, and to create awareness of the opportunities afforded by the library system. In fulfillment of that mission, since its founding, the Friends organization has generated approximately $350,000 in financial support for the Library, above and beyond that which is the responsibility of local government to provide. Just as important has been the advocacy for the Library on behalf of Lubbock citizens. FOL initiatives have resulted in an estimated 50,000 hours of volunteer support since the organization's inception. -- Friends' President, Beth George, made a presentation to Council members on the occasion of the 35' Anniversary of the Friends of the Library. Mayor and Council presented a Special Recognition to the Friends of the Library at the regular session. 2:45 P. M. WORK SESSION RECESSED 2:57 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Councilmember Gary O. Boren, Councihnember Alex "Ty" Cooke, Councilmember Tom Martin, Councilmember Frank W. Morrison, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary No one was absent. Mayor McDougal called the meeting to order at 2:47 P. M. (9.) Pastor Gene Martinez, Ministerios Nueva Vida gave the invocation. (10.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: Eddie McBride Youth Commission -Adults Receiving: Amy Nash Youth Commission�Students Receiving: Jennifer Holland Jared Jones (unable to attend) James Neece Eric Stow Zakary Wyatt CITIZEN APPEARANCES (11.) Presentation of a Special Recognition to the Friends of the Lubbock City -County Library in honor of: their 35"` anniversary. The Friends of the Library's goal is to support public library services and facilities and to encourage others to use these community educational resources. Since Friends of the Library was founded in 1967, the organization has raised $350,000 in financial support and organized approximately 50,000 hours of volunteer service for the public libraries. Beth George, President of Friends of the Library, accepted a special recognition to Friends of the Library for 35 years of support and endorsement of the public libraries. 449 Regular City Council Meeting June 26, 2002 Page 450 (12.) Presentation of a Special Recognition to the American Wind Power Center for the donation and construction of a full size windmill in the City of Musashino, Japan as part of the Junior Ambassador Goodwill Program. The American Wind Power Center is a permanent facility dedicated to the preservation of the American -style windmill, and the center is a place where the history of the windmill can be told. Established in 1993, the American Wind Power Center has become the most comprehensive collection of historic windmills in the world. The American Wind Power Center donated a Fiasa Windmill that stands nineteen and one half feet tall with a six-foot wheel to the City of Musashino, Japan as part of the Junior Ambassadors Goodwill Mission trip. This is the 17`h year of the Junior Ambassador Goodwill Mission. Coy Harris, Executive Director of the American Wind Power Center, traveled to Japan to construct the windmill and was present during its dedication on June 4 by Mayor Tsuchiya of Musashino City. The Windmill is located across the street from their City Hall next to a rose garden that was given to Musashino by Texas Tech University. Former Councilmember David Nelson escorted a group of Young Ambassadors to Musashino, Japan. Nelson introduced the group and adult leaders. He also showed a short video of the presentation of the windmill to Mayor Tsuchiya. Wesley Roundtree and Erin Tully expressed their gratitude to the Council for the opportunity to be involved with a different culture. Presentation of a special recognition was made to Coy Harris and the American Wind Power center for the donation and construction of a West Texas windmill in City of Musashino, Japan. (12A.) Presentation by Broadway Festivals regarding the 4" on Broadway Celebration on July 4, 2002. Amy New, Chairperson, of Broadway Festivals made a presentation to City Council regarding the upcoming activities for this year's 4' on Broadway Celebration. This annual event has grown over the years, and this year's activities will begin with the parade and street fair on Broadway and end with a concert and fireworks at Mackenzie Park. Stephanie Allison, Executive Director, of Broadway Festivals, presented Council with tee shirts and other items associated with 4`h on Broadway. CONSENT AGENDA (Items Nos. 13-29, 32-36) Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve Items 13-29, 32-36 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (13.) Approval of Minutes: June 13, 2002 Regular City Council Meeting (14.) ORDINANCE #2002-00064-Abandoning and closing a 15-foot alley located in Block 2, G.A. Rush Addition, and Paris Avenue between Block 1, G.A. Rush Addition and Block 2, G.A. Rush Addition to the City of Lubbock (1601 151' Street) (second and final reading). ORDINANCE NO. 2002-00064 AN ORDINANCE ABANDONING AND CLOSING A 15 FOOT ALLEY LOCATED IN BLOCK 2, G.A. RUSH ADDITION AND PARIS AVENUE BETWEEN BLOCK 1, G.A. RUSH ADDITION AND BLOCK 2, G.A. RUSH ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; 450 Regular City Council Meeting June 26, 2002 Page 451 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. (15.) ORDINANCE #2002-00070- Abandoning and closing a 4-foot Underground Utility Easement and a 4-foot by 6-foot Transformer Pad Easement for Lubbock Power & Light located in Lot 89-A in the Ridgewood II Addition to the City of Lubbock (6510 21" Street) (second and final reading). ORDINANCE NO. 2002-00070 AN ORDINANCE ABANDONING AND CLOSING A 4 FOOT UNDERGROUND UTILITY EASEMENT AND A 4 FOOT BY 6 FOOT TRANSFORMER PAD EASEMENT FOR LP&L LOCATED IN LOT 89-A, IN THE RIDGEWOOD II 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. (16.) ORDINANCE #2002-00071-Abandoning and closing a portion of a 20-foot Underground Utility Easement located in Lot A-1-B-4, University Pines Addition (9602 University Avenue) (second and final reading). ORDINANCE NO. 2002-R00071 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20 FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT A-1-13-4, UNIVERSITY PINES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (17.) Resolution No. 2002-RO235 authorizing the Mayor to execute an Amendment of Contract of Sale between the City of Lubbock, buyer, and Harold Garrett, seller, for a Fire Department property (2122 501h Street). RESOLUTION NO. 2002-RO235 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment of Contract of Sale between the City of Lubbock, Buyer, and Harold Garrett, Seller, and any other related documents. The Amendment of Contract of Sale provides for corrections to the original Contract of Sale, passed by City Council on May 9, 2002 as Resolution No. 2002-R0173, as rendered necessary by title review. Said Amendment to Contract of Sale 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 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 451 Regular City Council Meeting June 26, 2002 Page 452 APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Amendment is filed with Resolution No. 2002-R0235. The City Council on May 9, 2002 approved a Contract of Sale between the City and Harold Garrett for Lot 6, Block 1, F. P. Day Addition for additional Fire Department property (Station #8). This amendment to the contract adds Dr. Garrett's wife, Rebecca Jane Garrett, as an additional seller, corrects the deed record references in the property description, and changes the general warranty deed shown as Exhibit "A" in the contract to reflect these changes. The Right -of -Way Department recommended approval of this resolution. (18.) Resolution No. 2002-RO236 authorizing the Mayor to execute an alley -use license with Work Link, Inc. for the use of a City alley for a private water line (1701 Buddy Holly Avenue). RESOLUTION NO. 2002-RO236 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 Alley Use License with associated documents with The Work Link, Inc. for an underground water line. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney/Office Practice A copy of the Agreements is filed with Resolution No. 2002-R0236. Ron Mercer owns the business at 1701 Buddy Holly Avenue. This is an outreach center for people in the community to meet in. The Fire Department will allow him to have this type of business at this location but he must provide a fire tap. This requires a four -inch water line. Presently in the north -south alley south of 17' Street between Buddy Holly Avenue on the west and Avenue G on the east is a three-inch water 452 Regular City Council Meeting June 26, 2002 Page 453 line. He will need to install a private four -inch water line northward from 18`' Street in the north -south alley to his business that is 210 feet north of 181h Street. The total area to be occupied is two feet in width by 220 feet in length for a total area occupied of 440 square feet. The Right -of -Way Department has valued land in this area at $2.00 per square foot. Using the street -use license formula, staff get a cost due the City of: 440 square feet X $2 = $880 X 60 % X 10 % = $52.80 per year. This alley -use license will be for twenty years, payable every five years in advance. The City will receive $211.20 for each five-year period. The Right -of -Way Department recommended approval of this resolution. (19.) Resolution No. 2002-RO237 authorizing the Mayor to execute a lease with Bleachers Sports Cafe (1910 Texas Avenue) for parking. RESOLUTION NO. 2002-RO237 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 Lease between the City of Lubbock and Bleacher's Sports Cafe, and related documents. Said lease 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 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Lease is filed with Resolution No. 2002-R0237. This lease agreement is for Kurt McMillan of Bleachers Sports Caf6 to lease approximately 100 spaces of the City' s Health Department parking lot at the southwest corner of 191h Street and Texas Avenue. Additional parking per zoning requirements is needed for customers of the Cafe during the evening and nighttime hours. Bleachers originally leased 64 spaces for $240, but due to the expansion of the ground level dining and balcony area he needs 36 more spaces to meet zoning requirements. This lease is for one year and the City will receive $375 per month for this lease. The Right -of -Way Department recommended approval of this resolution. (20.) Resolution No. 2002-RO238 authorizing the Mayor to execute a lease with KLP, Inc. (1910 Texas Avenue) for parking. 453 Regular City Council Meeting June 26, 2002 Page 454 RESOLUTION NO. 2002-RO238 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 Lease between the City of Lubbock and KPL, Inc, and related documents. Said lease 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 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Lease is filed with Resolution No. 2002-R0238. On June 24, 2001 the City executed a lease with Larry Simmons (KPL, Inc.) of the Red Door Club for approximately 42 spaces of the City's Health Department parking lot at the southwest corner of 19' Street and Texas Avenue. This lease enables the Red Door (1801 Buddy Holly Avenue) to satisfy the parking requirements per the zoning ordinance for customers to the club during the evening and nighttime hours. This lease has just about expired and the new one-year lease will renew the expired one. The City will receive $157.50 per month for this parking lease. The Right -of -Way Department recommended approval of this resolution. (21.) Resolution No. 2002-RO239 authorizing the Mayor to execute an Occupancy License Agreement with the West Texas and Lubbock Railroad Company, Inc. for a water line crossing (Brownfield Highway and Milwaukee Avenue). RESOLUTION NO. 2002-RO239 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 Occupancy License Agreement for a water line across railway property by and between the City of Lubbock and the West Texas and Lubbock Railroad Company, Inc. to be constructed, owned, operated and maintained by said City of Lubbock across said Railroad's right- of-way at Seagraves Subdivision at Railroad mile post 8+/-2700' in Section 35, Block AK, Lubbock County, Texas, attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Regular City Council Meeting June 26, 2002 Page 455 Passed by the City Council this 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, 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 Agreement is filed with Resolution No. 2002-R0239. As part of the Water Utilities Department annexation project in Southwest Lubbock, a water line is being constructed northward from Spur 327 that will cross the railroad on the north side of the Brownfield Highway just west of the future right-of-way for Milwaukee Avenue. In order to cross under this railroad with the City's water line, a license is required. The cost of this license will be $400 per year. The Right -of -Way Department recommended approval of this resolution (22.) Resolution No. 2002-RO240 authorizing the Mayor to execute a Pipeline License with The Burlington Northern and Santa Fe Railway Company for a sewer line crossing (southeast corner of Slaton Highway -US 84 and FM 835). RESOLUTION NO. 2002-RO240 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 Pipeline License for a sewer line across railway property by and between the City of Lubbock and The Burlington Northern and Santa Fe Railway Company to be constructed, owned, operated and maintained by said City of Lubbock across said Railroad's right-of-way at Slaton Subdivision at Railroad mile post 683.79 in Section 26, Block S, Lubbock County, Texas, 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 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 455 Regular City Council Meeting June 26, 2002 Page 456 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 License is filed with Resolution No. 2002-R0240. The City of Lubbock is in the process of installing a new effluent (treated sewage) water line from the Xcel Energy Substation (east of US 84 on east 82❑d Street) southward that will cross the Burlington Northern & Santa Fe Railroad tracks just north of US 84 at its intersection with FM 835. In order to cross under this railroad with the City's effluent water line, a license is required. The cost of this 25-year license will be $2,500. The Right -of -Way Department recommended approval of this resolution. (23.) Resolution No. 2002-RO241 declaring a public necessity for paving improvements on an alley and directing the City Engineer to prepare plans and specifications for such improvements. RESOLUTION NO. 2002-RO241 A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF AN ALLEY IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARIES OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT public necessity exists that the following portions of an alley in the City of Lubbock and along the boundaries thereof be improved as herein provided, to -wit: Alley between 20`' Street and 21`' Street from Canton Avenue to Detroit Avenue; SECTION 2. THAT said portions of the above -described alley shall be improved by raising, grading and filling same, and by installing a ten foot (10') wide, five inch (5") minimum depth reinforced concrete strip in the center of the alley right- of-way; SECTION 3. THAT the City Engineer is hereby directed to prepare plans and specifications for such improvements. SECTION 4. THAT such improvements shall be paid for in the following manner: (a) The abutting property and the owners thereof shall pay and shall be assessed for a part of the cost of such improvements in the following manner: All property will be assessed ninety percent (90%) of the total construction cost. Said abutting property and the owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate to such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof a lesser amount not to exceed such special benefits. 456 Regular City Council Meeting June 26, 2002 Page 457 (b) The remaining cost of said improvements after deducting the sums finally assessed against abutting property and the owners thereof under subparagraph (a) above shall be paid by the City of Lubbock. SECTION 5. THAT the amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installments, the first of which shall become due on or before twenty (20) days after completion and acceptance by the City Council of the improvements in the unit on which the property abuts; the second, third, fourth and fifth installments shall become due one, two, three and four years respectively after completion and acceptance by the City Council of the improvements in the unit upon which the property abuts, and shall bear interest from the date of completion and acceptance until paid, at the rate of eight percent (8 %) per annum, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures, then at the option of the holder of such assessment of certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. SECTION 6. THAT assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorneys' fees and costs of collection, if incurred, all under and in accordance with the Charter of the City of Lubbock and amendments thereto, now in force in this City, and in accordance with the provisions of Subchapter D of Chapter 314 of the Texas Transportation Code. SECTION 7. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney/Office Practice This resolution is the first of five resolutions required to initiate an assessment paving program. The proposed paving improvements are as follows: East-West alley between 20`' Street and 21"t Street from Detroit Avenue to Canton Avenue. On alley assessment paving the property owners may be assessed for 90% of the total construction cost. The alley petition was signed by 73% of the assessable abutting property owners requesting the paving improvements. Staff recommended approval of this resolution. 457 Regular City Council Meeting June 26, 2002 Page 458 (24.) Resolution No. 2002-RO242 authorizing the Mayor to execute for and on behalf of the City of Lubbock an Interlocal Agreement between the City of Lubbock and County of Lubbock, Texas, to provide on -site sewage inspection for the City of Lubbock, and any other related documents. RESOLUTION NO. 2002-RO242 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement between the City of Lubbock and County of Lubbock, Texas, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Health Director /s/ Dan Dennison Dan Dennison Environmental Compliance Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney This interlocal agreement allows Lubbock County, through its Health and Environmental Officer, to provide on -site sewage inspection for the City of Lubbock in accordance with the order adopting rules of Lubbock County, Texas for on -site sewage facilities. A person in Lubbock County must hold a permit and an approved plan to construct, alter, repair, extend, or operate an on -site sewage disposal system in Lubbock County. An on -site sewage disposal system in Lubbock County may not be used unless it is inspected by the Texas Natural Resource Conservation Commission (TNRCC) or by Lubbock County through its Health and Environmental Officer. The citizens of the City of Lubbock will be charged for on -site sewage inspections, in conjunction with obtaining a permit, at the standard rate for all citizens of Lubbock County, Texas, not to exceed the rate set by the Texas Natural Resource Conservation Commission. This agreement is renewed annually and has been in effect for over 10 years. The County has provided these services for over 10 years and protects the City and County's environment through approved on -site sewage inspection processes required by the State. Staff recommended approval of the resolution. Regular City Council Meeting June 26, 2002 Page 459 (25.) Resolution No. 2002-RO243 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development Funding Contract and all related documents between the City of Lubbock and the Catholic Family Services, Inc. from the Community Services Block Grant. RESOLUTION NO. 2002-RO243 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community - Development Funding Contract, by and between the City of Lubbock and Catholic Family Services, Inc. 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 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nance Haney Nancy Haney -- Community Development Manager APPROVED AS TO FORM: /s/ AM L. Sims Amy L. Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2002-R0243. Grantee: Catholic Family Services Program: Utility Assistance Funding Source: 2002 Community Service Block Grant Use of Funds: These funds will be used to provide utility assistance to low and moderate -income people. Amount: $48,217 Terms: From July 1, 2002 to December 31, 2002. Comments: Funding for this project was approved by the Community Development Services Board at the June 12, 2002 meeting. Community Development recommended approval of this resolution. (26.) Resolution No. 2002-RO244 authorizing the Mayor to execute a Landscape Maintenance Agreement with PNB Financial for maintenance of the landscape enhancement of the northeast quadrant at the intersection of Indiana Avenue and South Loop 289. 459 Regular City Council Meeting June 26, 2002 Page 460 RESOLUTION NO. 2002-RO244 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a South Loop 289 Landscape Maintenance Agreement and any associated documents between the City and PNB Financial, 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 26th day of June , 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell, Parks and Recreation Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0244. The Texas Department of Transportation has completed the construction of the landscape improvements along South Loop 289. In 1999, then Councilman Max Ince worked diligently to develop a process where businesses could partner with the City of Lubbock to provide maintenance of the landscape at the Loop turnarounds. Attached is an agreement signed by a representative of PNB Financial (sponsoring business) for the maintenance of the northeast quadrant at the intersection of Indiana Avenue and South Loop 289. The maintenance of the Loop turnarounds by sponsoring businesses will allow for an enhanced level of maintenance. Along with the basic level of service, the Sponsoring Business will be responsible for the purchase and planting of flowers. A minimum of two plantings of seasonal flowers is required per year. The sponsoring business can provide additional plantings if they desire. Exhibit B outlines the maintenance standards that the sponsoring business is required to perform. Summary information of the agreement is as follows: • The City agrees to grant an amount not to exceed $3,742 annually to the sponsoring business for use in performance of its obligations under the Agreement. Payments shall be made by the City on a quarterly basis. • The sponsoring business agrees to perform maintenance according to the standards shown on Exhibit B (attached). • The term of the agreement is for five years. • Advertising signs (no more than two per quadrant) will depict the logo of the sponsoring business. The signs shall not exceed the Regular City Council Meeting June 26, 2002 Page 461 dimensions of 24 inches x 18 inches. The City will be responsible for the purchase and maintenance of the signs. • City shall provide water for irrigation as well as maintain the irrigation system. Staff recommended approval of this resolution. (27.) Resolution No. 2002-RO245 authorizing the Mayor to execute a Landscape Maintenance Agreement with Feist/Graco for maintenance of the landscape enhancement of the northeast quadrant at the intersection of Quaker Avenue and South Loop 289. RESOLUTION NO. 2002-RO245 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a South Loop 289 Landscape Maintenance Agreement and any associated documents between the City and Feist/Graco, 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 26th day of June, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell, Parks and Recreation Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0245. The Texas Department of Transportation has completed the construction of the landscape improvements along South Loop 289. In 1999, then Councilman Max Ince worked diligently to develop a process where businesses could partner with the City of Lubbock to provide maintenance of the landscape at the Loop turnarounds. Attached is an agreement signed by representatives of Feist and Graco (sponsoring business) for the maintenance of the northeast quadrant at the intersection of Quaker Avenue and South Loop 289. The maintenance of the Loop turnarounds by sponsoring businesses will allow for an enhanced level of maintenance. Along with the basic level of service, the sponsoring business will be responsible for the purchase and planting of flowers. A minimum of two plantings of seasonal flowers is required per year. The sponsoring business can provide additional plantings if they desire. Exhibit B outlines the maintenance standards that the sponsoring business is required to perform. 461 Regular City Council Meeting June 26, 2002 Page 462 Summary information of the agreement is as follows: • The City agrees to grant an amount not to exceed $3,026 annually to the Sponsoring Business for use in performance of its obligations under the Agreement. Payments shall be made by the City on a quarterly basis. • The Sponsoring Business agrees to perform maintenance according to the standards shown on Exhibit B (attached). • The term of the agreement is for five years. • Advertising signs (no more than two per quadrant) will depict the logo of the Sponsoring Business. The signs shall not exceed the dimensions of 24 inches x 18 inches. The City will be responsible for the purchase and maintenance of the signs. • City shall provide water for irrigation as well as maintain the irrigation system. Staff recommended approval of this resolution. (28.) Resolution No. 2002-RO246 to amend an Interlocal Cooperation Agreement between the City of Lubbock and Lubbock -Reese Redevelopment Authority regarding the provision for exclusive solid waste services. RESOLUTION NO. 2002-RO246 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute on behalf of the City of Lubbock an Amendment to an Interlocal Agreement and any associated documents for various governmental services by and between the City of Lubbock and Lubbock -Reese Redevelopment Authority, which Amendment is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of June, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2002-R0246. This amendment pertains to Subsection 3(b) of Resolution #6521, with regards to the provision for exclusive solid waste services by the City of Lubbock in any agreements Lubbock -Reese Redevelopment Authority may have with third parties for solid waste services within Reese. 462 Regular City Council Meeting June 26, 2002 Page 463 The Lubbock -Reese Redevelopment Authority board prefers to allow each tenant to select their solid waste provider of choice and is requesting that provisions of exclusive solid waste services be removed, nulled, and voided from the Interlocal Cooperation Agreement. Staff recommended approval of this resolution. (29.) Resolution No. 2002-RO247 authorizing the Mayor to execute a National Recreational Trails Fund Agreement by and between Texas Parks and Wildlife Department and the City of Lubbock for Lake Alan Henry. RESOLUTION NO. 2002-RO247 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 construction of trails at Lake Alan Henry, by and between the City of Lubbock and Texas Parks and Wildlife Department, and 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 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Director of Public Works 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-R0247. The "Sam Wahl Recreational Area" public access area located at Lake Alan Henry in Garza County has been open to the public since 1991. Since that time the City has constructed and installed several recreational improvements on the area including a paved main access road, a Permit/Public Information Office at the entrance, paved parking lot, 6- lane boat ramp, boat dock and covered fishing pier. Because public use of the area has increased an average of 30 % per year (based upon annual traffic counter information and total revenue increases), the City recognized a need to develop a "Master Plan for Recreational Improvements". The Master Plan, completed in 2001, utilized regional inventories of existing recreational services, a random telephone survey of Lubbock residents, and a needs assessment to determine future developments of the Sam Wahl area. Developments were recommended based upon Lubbock residents' responses to the telephone survey as well as revenue - producing potential of specific improvements. 463 Regular City Council Meeting June 26, 2002 Page 464 Among other suggestions, a developed system of hiking and/or mountain bicycling trails was identified as a regional recreational need. In the process of developing the Master Plan, Texas Parks and Wildlife Department was identified as a primary source for grant funding of these types of improvements. Application to TPWD for trail grant funding was included in the service performed by the Master Plan designers, and the application was submitted for the June 1, 2001 deadline. Upon extensive review by TPWD, the requested grant for trail development at Lake Alan Henry's Sam Wahl Recreational Area was approved. Costs estimates of the project, as well as schematic layout of _ 1.5 miles of trail, were developed by Schrickel, Rollins and Associates. The trail includes a 0.75-mile loop designed specifically to be fully accessible to all persons regardless of ability, and 0.75 miles of a moderate -level hiking trail. Cost estimates include survey and clearing of trails, the installation of a shelter -type interpretive structure with signs and displays, twenty trail signs, ten benches and two litter receptacles. The total cost is estimated at $127,005. The Federal grant funds will reimburse 75% of the total up to $100,000, so the City's portion of the expense will be approximately $27,005. The trail construction will be completed by September 2003. Staff recommended approval of this resolution. Next item to be considered was Item No. 32. (30.) Resolution No. 2002-R authorizing the Mayor to execute an amendment to an Interlocal Construction, Reimbursement and Right -of -Way Usage Agreement between the City of Lubbock and Texas Tech University for a Fiber Optics Project at Reese Center. This item was deleted. (31.) Resolution No. 2002-R authorizing the Director of Public Works of the City of Lubbock to review, approve, or deny, from time to time, for and on behalf of the City of Lubbock, the application for permit to conduct a mobile food and drink sales retail business at Lake Alan Henry, including determining the fee assessment and the term or duration of each permit. This item was deleted. (32.) Resolution No. 2002-RO248 authorizing the Mayor of the City of Lubbock to execute a Commercial Lease Agreement with Rosen and Rosen for the lease of a warehouse/garage located at 1407 Avenue F in Lubbock to be used for the storage of seized vehicles, surveillance vehicles and related uses. This item was considered following Item No. 29. RESOLUTION NO. 2002-RO248 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 Commercial Lease Agreement with Rosen and Rosen for the lease of a warehouse/garage located at 1407 Avenue F, Lubbock, Texas, to be used as a garage for storage of seized vehicles, surveillance vehicles and related uses. A copy of the Commercial Lease is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of the Resolution as if fully copied herein. Passed by the City Council this 26th day of June, 2002. 464 Regular City Council Meeting June 26, 2002 Page 465 /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Commercial Lease is filed with Resolution No. 2002-RO248. This commercial lease would be with Rosen and Rosen for the lease of a warehouse/storage area located at 1407 Avenue F in Lubbock, Texas. The primary term of this lease is for 12 months. The garage at this location is to be used to store seized vehicles, surveillance vehicles and other property. The vehicles are normally turned over to the Police Department for use in law enforcement activities. Occasionally, staff is required to return the vehicles to the owners. In those instances, the fact that the vehicles have been stored indoors keeps liability at a minimum. The lease is a renewal and is funded through the South Plains Regional Narcotics Task Force grant. The City of Lubbock is the grantee and staff is required to follow City purchasing procedures when spending grant money. The Police Department recommended approval of this resolution. (33.) Resolution No. 2002-RO249/RFP #036-02/RS— for LP&L Cooke Boiler #1 Modifications (Electric Production). RESOLUTION NO. 2002-RO249 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for LP&L Cooke Boiler #1 modifications, by and between the City of Lubbock and Applied Utility Systems, Inc. of Irvine, California, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 465 Regular City Council Meeting June 26, 2002 Page 466 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 2002-R0249. Senate Bill 7 requires Cooke Station #1 Boiler nitrogen oxide emissions to be regulated and not to exceed 0.195 pounds per MMBTU beginning January 2003. Proposals were submitted for necessary modifications to the boiler to comply with this regulation and to permit the continuing operation of Cooke Station #1 generation plant. Four proposals were received as follows: Advanced Combustion Technologies $150,000 (adjusted of Hooksett NH up from $118,000) Applied Utility Systems of Irvine, $215,200 CA RJM of Norwalk, CT $269,000 Babcock Borsig Power of $479,000 Worcester, MA After reviewing the proposals and receiving presentations from all but RJM, the evaluation committee arrived at a short list of the two lowest cost respondents. Apart from the obvious and considerable difference in price, there was a number of offsetting technical considerations that weighed heavily with the evaluation committee. Criteria included in the RFP and used in the evaluation were as follows: Price 40 % Technical content and quality of proposal 25 Qualifications 20 % Operating and maintenance factors 15 % The initial price from Advanced Combustion Technologies (ACT) was $118,000. However, it was found that they had not allowed for the majority of the disassembly and installation and intended only to provide supervision for most of this work, which is contrary to the intent of the specification. They subsequently revised their price to $128,000 to include installation. Later in the evaluation process when flaws were detected in some technical aspects of their proposal, they revised their price again to $143,000 to cover the necessary modifications. Also, in their proposal ACT specifically excluded shipping costs and rental of scaffolding for the project. An adjustment of $500 was made to their price by the evaluation committee to allow for scaffolding and $1500 for freight. ACT allowed 40 hours for commissioning whereas Applied Utility Systems (AUS) allowed 80 hours in their proposal. Since there was no apparent reason why one system should require more or less commissioning than the other and since it was considered that 80 hours Regular City Council Meeting June 26, 2002 Page 467 was a more prudent and likely commissioning period, the evaluation committee made a further $5,000 upwards adjustment to the ACT proposal price. In assessing price, the maximum rating of 40 % was accorded the final ACT price of $150,000 and a rating of 28% was accorded AUS on the basis of the ratio of the two prices. Fundamentally the ACT and AUS proposals are similar. Their burners both employ an array of gas pokers deployed around a central gas spud which is fitted with a swirl plate all for the purpose of generating internal re -circulation and staged combustion. It is in the practical details that distinctions arise. In the AUS proposal all six existing air registers would be replaced with ones that incorporate an externally adjustable air slide, enabling flow adjustments to be readily made during commissioning without shutting down the boiler. This has the potential of saving a lot of time and of sparing the boiler from undesirable thermal cycling that can cause significant damage to tubing and refractory. The ACT proposal retains the existing air registers locked in the fully open condition and adjusts the open area by fitting an appropriately wide band around the circumference of a given register based on initial air flow testing. The AUS proposal includes a comprehensive and detailed plan for installation, lending considerable confidence in their ability to execute a smooth and successful installation. The ACT installation plan is more general and conceptual and has been subject to several revisions in response to the omissions and technical changes outlined in the other evaluation sections. Geometric dimensional accuracy of construction and a workable assembly capability are essential to the field assembly technique to be employed by ACT. Since their proposal has been an evolutionary process, there is a potential for installation problems. The AUS technology includes one unique element that could prove — decisive in optimizing the furnace conditions either for nitrogen oxide reduction or for reducing the serious boiler rumble problem this boiler experiences when operating under high loads. Their proposal includes fuel -biasing capability through the provision of biasing valves on the gas supply to each top row burner and gas pressure gauges on all burners. AUS claims the net effect of biasing fuel supply so that the top burners operate fuel lean results in a net reduction in overall nitrogen oxide emissions. Both proposals include modeling as a part of the burner design, per specification. ACT uses computer modeling while AUS uses a physical model. No distinction was drawn between the proposals in this respect. In this category AUS was ranked ahead with the maximum 25 % and ACT was rated at 15 %. Both ACT and AUS personnel have extensive experience within their organizations of burner modifications to reduce nitrogen oxide and both reference numerous successful installations. A number of ACT references are for RJM projects undertaken by ACT personnel prior to their formation as ACT. AUS is a larger and apparently more substantial company, which gives them the edge in this category having greater resources to back their work. Both companies exhibit considerable theoretical knowledge and hands-on know-how. AUS rated 20 % and ACT 15 % in this category. It was ACT's original intention to install their burners from inside the furnace. When they found that the only entry to the furnace was through one of the burner ports and that this was too small to pass a fully assembled burner, they modified their approach to furnish burner components to be assembled in place. The swirl plates would be fed into the furnace through a cutout in the air register duct, having been brought 467 Regular City Council Meeting June 26, 2002 Page 468 into the wind box area via an air preheater access door. The swirl plates would then be attached to the central gas spuds, which would be fed in through the access burner port. The pokers would then be fitted independently through a set of skewed holes in a donut -shaped gas manifold mounted on the central spud external to the wind box. To remove the burners for maintenance it would be necessary to first withdraw the independent pokers, then unbolt and withdraw the central burner spud far enough to allow access to detach the swirl plate and so permit full withdrawal. The swirl plate would then remain inside the furnace during maintenance and need to be reattached during reinstallation of the burner. The AUS burners are all capable of being installed and removed from the front of the boiler through their individual burner ports as whole assemblies. The complexity of the ACT proposal, both as it affects initial installation and ease of later maintenance, and the integrity and reliability of the burner assemblies, is a concern. ACT has installed a somewhat similar arrangement at the City of Bryan Dansby Plant with apparent success, but there still seems to be an untried element in their proposal. AUS was rated at 15 % in this category and ACT 10 % . The total rating for Applied Utility Systems was 88 % and for Advanced Combustion Technologies was 80 % . Staff recommended approval of this resolution. (34.) Resolution No. 2002-R0250/BID #107-02/RS—for Animal Collection Vehicle Control Cages (Fleet Services). RESOLUTION NO. 2002-RO250 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for animal collection vehicle control cages, by and between the City of Lubbock and Jones Trailer Company, Inc. of Woodson, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0250. Regular City Council Meeting June 26, 2002 Page 469 This bid is for the purchase and installation of animal collection control cages to be installed in three vans for the Animal Control Department. These cages are necessary to contain animals that are transported from various locations within the city to the Animal Shelter. The low bid is $35,910 from Jones Trailer Co. Inc. of Woodson, Texas and is within the Equipment Capital Outlay -Heavy Moveable Equipment budget. (35.) Resolution No. 2002-R0251/BID #109-02/BM—for Reservoir Repair at Pump Station #4 (Public Works Engineering). RESOLUTION NO. 2002-RO251 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the reservoir repair at Pump Station #4, by and between the City of Lubbock and Rudd - Palmer Company, Inc. of Amarillo, 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 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 26th day of June, 2002, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Rudd -Palmer Company, Inc., of the City of Amarillo, County of Potter, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #109-02/13M - Reservoir Repair at Pump Station #4 - $69,674.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other Regular City Council Meeting June 26, 2002 Page 470 accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Kevin Allen CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: Rudd -Palmer Company, Inc. By: /s/ Kevin Allen PRINTED NAME: Kevin Allen TITLE: President/Owner COMPLETE ADDRESS: Rudd -Palmer Company, Inc. 80 South Bonham Lubbock, Texas 79401 This bid is for the repair of a horizontal crack in the 5-million gallon dome roofed ground storage tank located at Pump Station #4. Completion of this project will reduce the loss of potable water and revenue. The crack completely encircles the tank approximately five to ten -feet below ground surface. Repairs are to be completed from the outside of the tank while it remains full by excavating down to the level of the crack and sealing it with Hydrophilic Grout. The low bid is $69,674 from Rudd -Palmer Company, Inc. of Amarillo, Texas and is within the Rehabilitation of Pump Station #4 5MG Reservoir budget. (36.) Resolution No. 2002-R0252/BID #114-02/RS—for Street Drainage Improvements -Phase I (Street Drainage Engineering). RESOLUTION NO. 2002-RO252 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 street drainage improvements - Phase 1, by and between the City of Lubbock and Hub City Pavers, Inc. 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. 470 Regular City Council Meeting June 26, 2002 Page 471 Passed by the City Council this 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 26th day of June, 2002, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Hub City Pavers, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #114-02/RS - Street Drainage Improvements - Phase 1 - $66,230.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR 471 Regular City Council Meeting June 26, 2002 Page 472 APPROVED AS TO CONTENT: /s/ Larry D. Hertel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Diana G. Rodriquez CONTRACTOR: Hub City Pavers, Inc. Bv: /s/ Glen A. Sarten PRINTED NAME: Glen A. Sarten TITLE: President COMPLETE ADDRESS: Hub City Pavers, Inc. 1717 Avenue K, Ste 203 Lubbock, Texas 79423 The bid is for the replacement of asphalt dips with concrete valley gutters and replacement of defective curbs that won't drain. This project was approved during the last bond election to address citizen complaints about minor drainage problems throughout the city. To ensure that the requests are addressed within a reasonable time, the project is being bid in phases as specific needs are identified from citizen requests. The low bid is $66,230 from Hub City Pavers, Inc. of Lubbock, Texas and is within the System Capital Outlay -DIP Reconstruction budget. Staff recommended award of each bid to the bidder as indicated on the tab sheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. Next item to be considered was Item No. 47. 3:35 P.M PUBLIC HEARINGS (37.) Ordinance No. 2002-00072/ZONE CASE NO. 2508-C (northwest corner of 1141h Street and University Avenue and the northeast corner of 1141h Street and Indiana Avenue): Hold a public hearing to consider request of Leroy Elmore and Norton Baker for a zoning change from C-2 to C-3 on an unplatted 10.8 acre tract of land out of Section 20, Block E-2 and an unplatted 18.4 acre tract of land out of Section 19, Block E-2, and to consider ordinance. This item was considered following Item No. 51. ORDINANCE NO. 2002-00072 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2508-C; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON 10.8 ACRES OF UNPLATTED LAND OUT OF SECTION 20, BLOCK E-2 AND 18.4 ACRES OF UNPLATTED LAND OUT OF SECTION 19, BLOCK E-2 LUBBOCK,TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 3:35 p. in. Norton Baker appeared in favor of zoning change. No one appeared in opposition. Mayor McDougal closed the hearing at 3:37 p. in. Some years ago, the owners of the section of land annexed in 1979 zoned conform to the corners of 114`h and Indiana and 1141h and University to the Comprehensive Land Use Plan. At that time C-2 was requested and approved, while C-3 is more appropriate for shopping center 472 Regular City Council Meeting June 26, 2002 Page 473 development. As a comparison, Kingsgate is zoned C-3. C-3 allows the grocery or department store over 35,000 square feet as an anchor. Adjacent land use is vacant in all directions. The request is consistent with the Comprehensive Land Use Plan and zoning policy. The change should have no effect on the thoroughfare system. Randy Henson, Senior Planner, presented staff comments and stated the Planning Commission recommended approval of the request. Staff recommended approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 2002- 00072 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (38.) Ordinance No. 2002-00073/ZONE CASE NO. 1786-B (2504 98`b Street): Hold a public hearing to consider request of Michael Postar for a zoning change from A-1 and C-2 to C-4 Specific Use for mini - warehouses on Lots A-1-13-2, A-1-B-3, and the north 150 feet of A-1- B-4, University Pines Addition, and to consider ordinance. ORDINANCE NO. 2002-00073 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1786-B; A ZONING CHANGE FROM A-1 AND C-2 TO C-4 SPECIFIC USE (for mini -warehouses) ZONING ON LOTS A-1-B-2, A-1-13-3, AND THE NORTH 150 FEET OF A-1-B-4, UNIVERSITY PINES ADDITION, LUBBOCK,TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 3:40 P. in. No one appeared on behalf of Michael Postar. No one appeared in opposition. Mayor McDougal closed the hearing at 3:41 p. in. The request is to rezone parcels currently zoned A-1 and C-2 for use as a mini -warehouse complex. The project would be "L" shaped around the northwest corner of 98`' and University, which is zoned C-2. Until March 2001, all of the property at this corner of 98`h and University was zoned C-2. The March 2001 case for A-1 (apartment) zoning included a lot on the north and a lot on the west, excluding a 200 foot deep lot off 981h Street that remains zoned C-2. An apartment complex is under construction on the north lot. Adjacent land uses: North —apartments South —commercial East —commercial, vacant West —duplex zoning The request is consistent with the objectives of the Comprehensive Land Use Plan. While several adjacent property owners expressed concern for "heavy commercial" development, mini warehouse development has proved a quiet commercial neighbor at other locations and may be preferable to the development of apartments allowed by the existing zoning. No one in opposition spoke at the Commission hearing. Mr. Postar had mailed a letter of explanation about the request and noted that none of the adjacent owners had contacted him. The mini -warehouse project is limited to the one use and not the entire range of C-4 Uses. Any future changes will require an amended zone case. Signs proposed for the project will conform to the zoning code. 473 Regular City Council Meeting June 26, 2002 Page 474 Regarding zoning policy, the front of a recent mini warehouse project at 4' and Frankford (by the same developer) did not blend well with the adjacent architectural materials. The staff has asked the proponent to agree to a material other than metal that will be used on the "fronts" on University and 98`h. Split face block or brick have been used in several locations. The site plan notes a twenty -foot setback with no public access from 98"' Street with the business entrance from University. Both fronts are noted on the site plan as being developed with masonry or stucco. The project should have no effect on the thoroughfare system. The proponent has asked that the Lot A-1-13-3 that faces 98`h Street be allowed to retain the ability to be developed as C-2 in the case that the mini warehouse project ends at the first phase line (the south line of Lot A-1-13-2). A drawing of the plat is in backup. The staff has no reservation about that as a condition of the ordinance, since the property is now zoned C-2. The Planning Commission recommended approval of the Specific Use Permit with two conditions: 1. The portions of the buildings adjacent to University Avenue and 98`h Street shall have an architectural covering of masonry or stucco. 2. Lot A-1-13-3 shall retain the ability to be developed as C-2. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Councilmember Hernandez, seconded by Councilmember Morrison to pass on first reading Ordinance No. 2002- 00073 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (39.) Ordinance No. 2002-00074/ZONE CASE NO. 2296-H (2501, 2503, 2505 and 2507 801' Street): Hold a public hearing to consider request of Quick Quack No. 6 for a zoning change from C-2 and C-2A to C-3 limited to a car wash and all per fittedordinC-2 uses on Lots 41- 449 Gatewood Addition, and to consider ORDINANCE NO. 2002-00074 AN ORDINANCE AMENDING ZONING ORDINANCE LUBBOCK MAKING THE THE OFFICIAL MAP OF THE CITY O FOLLOWING CHANGES: ZONE CASE NO. 2wash and all permitted CH2 uses) FROM C-2 AND C-2A TO C-3 (limited to a car TEXAS; ZONING ON LOTS 41-44, GATEWOOD ADDITION, LUBBOCK PROVIDING A SUBJECT TO CONDITIONS, PROVIDING SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. G Mayor McDougal opened the public hearing at 3:43 p. m Jay Gaut aut appeared on behalf of Quick Quack. No one appeared in opposition. Mayor McDougal closed the hearing at 3:45 p. in. The parcel under consideration consists of two lots lots azdoned Ct 2A inersity 1999 . zoned C-2 some while back, and the next t The 1999 zone case established a site for a element of thaCart case broughtrforward never materialized. The important erty line and a short is a required screeningth to educe on the vision into the site from the remaining tprop dimension along residential back to the west. Adjacent land use: North --commercial and residential 474 Regular City Council Meeting June 26, 2002 Page 475 South —commercial East —commercial West —residential, vacant The proponent is requesting C-3 zoning with a limitation for a tunnel style car wash and all permitted C-2 uses. A zone case was approved for the same operator on a parcel across University but the land acquisition failed to materialize. On the west of University, fast food restaurants exist both north and south of this proposed site. The car wash may be a less intense use than the restaurant that did not go in. The request is consistent with the Comprehensive Land Use Plan since a minor change was approved when the restaurant zone case was processed. With the proposed screening wall and a limitation of one curb cut on University, the request is consistent with zoning policy. The project should have no appreciable effect on the thoroughfare system. The Planning Commission recommended the request with two proposed conditions: 1. A block or split face block screening fence shall be built on the west property line and sixty-five feet of the north property line from the northwest corner, with a step down in the east fifteen feet. 2. The development shall be limited to one curb cut on University Avenue and one on 80' Street. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 2002- 00074 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Boren recused himself. Next item to be considered was Item No. 52. 4:30 P.M. SPECIAL (40.) Hold a public hearing to consider the request of Texland Petroleum for an Oil Drilling Permit for a tract of land located approximately 1406 feet north and 2425 feet west of the southeast corner in Section 1, Block D-4, Lubbock County, Texas (north of Kent and west of North Avenue Q). Designation of well is CLU #48-3. This item was considered following Item No. 58. Mayor McDougal opened the public hearing at 4:32 p. in. Dub Bratcher spoke on behalf of Texland Petroleum. No one appeared in opposition. Mayor McDougal closed the hearing at 4:37 p. in. (41.) Consider approval of an Oil Drilling Permit for CLU #48-3. On May 10, 2002, the Planning Department received an application for a permit to drill the above described well. The proposed well is within a — pooled unit and does not require an acreage minimum for a production unit. At least six Texland wells exist in this square mile. Storage is proposed in conjunction with an existing tank battery. The application is in order. Texland proposes earth sludge pits and no landscaping at the well site. The blow-out protector has a rating of 3,000 pounds. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County. Access to the drill site is from Kent on private property. 475 Regular City Council Meeting June 26, 2002 Page 476 SHORT TERM IMPACTS: A minimum of impact for the public is expected for the short term since the area is substantially undeveloped. POTENTIAL LONGTERM IMPACTS: The land area surrounding and including this lease is designated "residential" on the Comprehensive Land Use Plan. With additional wells and other oil production facilities in the immediate area and no pending development proposals, there are no long-term negative impacts anticipated. The staff recommended approval subject to the following conditions: RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set to 400 feet or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a minimum depth of 400 feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first and second series of casing of the well shall be in compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texland Petroleum for CLU #48-3. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of the permit with the proposed conditions. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson for approval of an Oil Drilling Permit for Texland Petroleum for CLU #48-3. Motion carried: 7 Yeas, 0 Nays. (42.) Hold a public hearing to consider the request of Texland Petroleum for an Oil Drilling Permit for a tract of land located approximately 2228 feet north and 410 feet east of the southeast corner in Section 9, Block A, Lubbock County, Texas (north of Kent and east of what would be North Avenue Q). Designation of well is Garrett Wheeler #4. Mayor McDougal opened the public hearing at 4:32 p. in. Dub Bratcher spoke on behalf of Texland Petroleum. No one appeared in opposition. Mayor McDougal closed the hearing at 4:37 p. in. (43.) Consider approval of an Oil Drilling Permit for Garrett Wheeler #4. On May 10, 2002, the Planning Department received an application for a permit to drill the above described well. The proposed well is a secondary well within a production unit. At least four wells exist in this square mile and numerous others just to the west. Storage is proposed in conjunction with an existing tank battery. The application is in order. Texland proposes earth sludge pits and no landscaping at the well site. The blowout protector has a rating of 3,000 pounds. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County. Access to the drill site is from Kent on private property. SHORT TERM IMPACTS: A minimum of impact for the general public is expected for the short term since the area is substantially undeveloped. Where that well pad is located was a topic of discussion between the surface owner (John Norton) and Texland. The Norton's purchased the Regular City Council Meeting June 26, 2002 Page 477 surface acreage for a home site on the Draw, away from other development. The staff asked for the two to reach agreement on a drill site and the report is that an agreement has been made. POTENTIAL LONGTERM IMPACTS: The land area surrounding and including this lease is designated "residential" on the Comprehensive Land Use Plan. With additional wells and production facilities in the immediate area and no immediate development proposals other than the possible single home noted above, there are no long-term negative impacts anticipated. The staff recommended approval subject to the following conditions: RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set to 400 feet or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a minimum depth of 400 feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first and second series of casing of the well shall be in compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texland Petroleum for Garrett Wheeler #4. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of the permit with the proposed conditions. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson for approval of an Oil Drilling Permit for Texland Petroleum for Garrett Wheeler #4. Motion carried: 7 Yeas, 0 Nays. (44.) Hold a public hearing to consider the request of Texland Petroleum for an Oil Drilling Permit for a tract of land located approximately 2501 feet south and 1197 feet west of the northeast corner in Section 5, Block A, Lubbock County, Texas (north of Loop 289 and west of North Elder). Designation of well is Texland-Lif Lubheirs #19. Mayor McDougal opened the public hearing at 4:32 p. in. Dub Bratcher spoke on behalf of Texland Petroleum. No one appeared in opposition. Mayor McDougal closed the hearing at 4:37 p. in. (45.) Consider approval of an Oil Drilling Permit for Lif-Lubheirs #19. On May 31, 2002, the Planning Department received an application for a permit to drill the above described well. The City of Lubbock has an interest to the mineral rights within the production unit. Texland owns the lease for the property. The storage site is proposed in conjunction with an existing tank battery. The application is in order. The original production unit contains 40 acres and has a maximum diagonal of less than 3,000 feet. Texland proposes earth sludge pits and no landscaping at the well site. The blow- out protector has a rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County. Access to the drill site and storage site is proposed from North Loop 289 on private property. 477 Regular City Council Meeting June 26, 2002 Page 478 SHORT TERM IMPACTS: A minimum of impact is expected for the short term since the immediate area is uninhabited and current adjacent use is agricultural and industrial. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated "industrial" on the Comprehensive Land Use Plan. With additional wells in the immediate area and few immediate development proposals, there are no long-term negative impacts anticipated. Subject to the outcome of the location discussion, the staff recommended approval subject to the following conditions: RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set to 400 feet or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a depth of 400 feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first, and if used, second series of casing of the well shall be in compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texland Petroleum for Lif-Lubheirs # 19. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of the permit with the proposed conditions. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson for approval of an Oil Drilling Permit for Texland Petroleum for Lif-Lubheirs #19. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 60. 4:40 P.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION ADMINISTRATIVE SERVICES (46.) Resolution No. 2002-R /RFP #066-02/DC-for Bank Depository Services (Financial Services). This item was deleted. (47.) Resolution No. 2002-R0253/BID #103-02/BM-for Citizen Collection/Transfer Station at Caliche Canyon Landfill (Solid Waste). This item was considered following Item No. 36. RESOLUTION NO. 2002-RO253 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the citizen collection/transfer station at Caliche Canyon Landfill, by and between the City of Lubbock and Onyx Contractors, LP of Odessa, 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. Regular City Council Meeting June 26, 2002 Page 479 Passed by the City Council this 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 26th day of June, 2002, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Onyx Contractors, LP, of the City of Odessa, County of Ector, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #103-02/13M - Citizen Collection/Transfer Station at Caliche Canyon Landfill - $232,37.30 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) ATTEST: /s/ Marc McDougal /s/ Rebecca Garza MAYOR Secretary 479 Regular City Council Meeting June 26, 2002 Page 480 APPROVED AS TO CONTENT: /s/ John Cobb Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ CONTRACTOR: Onyx Contractors, LP By: /s/ Jimmy McClelland PRINTED NAME: Jimmy McClelland TITLE: Vice -President COMPLETE ADDRESS: Onyx Contractors, LP 1890 N. Mercury Avenue Odessa, Texas 79763 This project is for the construction of a citizens' convenience station at the old landfill located on North Avenue P. This convenience station will be operated by city personnel and used by the general public for disposal of refuse that will be transported to the new landfill at Abernathy by the Solid Waste Department. The hours of operation will be from 8:00 a.m. to 5:00 p.m. on Monday through Friday and 8:00 a.m. to 12:00 p.m. on Saturdays. Construction of the collection and transfer station includes sub -grade preparation on Cell Two, a paved staging area and a concrete retaining wall for roll -off containers, and a drainage pattern and collection pit. The low bid is $232,373.30 from Onyx Contractors, L.P. of Odessa, Texas and is within the Citizen Convenience Station budget. Staff recommended award of the bid to the bidder as indicated on the tab sheet and award of the contract as shown on the resolution and that the Mayor be authorized to execute all documents necessary for each transaction. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 2002-RO253 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (48.) Resolution No. 2002-R0254/BID #128-02/RW-for Emergency Alert Weather Radios (Emergency Management). RESOLUTION NO. 2002-RO254 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for emergency alert weather radios, by and between the City of Lubbock and Radio Shack Commercial Sales of Fort Worth, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. ma Regular City Council Meeting June 26, 2002 Page 481 Passed by the City Council this 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0254. This bid is for the purchase of National Oceanic and Atmospheric Administration (NOAA) Weather Radios. These radios are part of the Project Impact Strategic Plan and falls under the warning initiative for making Lubbock a more disaster resistant community. The radios will be distributed to senior citizen centers, not for profit day care centers, and CDBG qualifying neighborhoods. The Skyview neighborhood has been targeted as our first group to receive the radios. The State of Texas Qualified Information Services Vendor catalogue listed a price of $47.99 per Emergency Alert Weather Radio and the buyer for the City of Lubbock negotiated a price of $29.99 with Radio Shack Commercial Sales. The purchase amount is $84,871.70 from Radio Shack Commercial Sales of Ft. Worth, Texas and is within the Project Impact Strategic Plan budget. Councilmember Martin asked how many radios would be bought and would we eventually be doing the whole city. Victor Kilman, Purchasing Manager, stated there would be 2,830 radios purchased. Craig Farmer, Managing Director of Planning and Transportation, stated in essence these were for low income families in the north and east parts of town. Nancy Haney, Manager, Community Development, stated this funding was from the Project Impact Funding Grant, which was through the Emergency Management group. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 2002-R0254 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Staff recommended award of the bid to the bidder as indicated on the tab sheet and award of the contract as shown on the resolution and that the Mayor be authorized to execute all documents necessary for each transaction. Regular City Council Meeting June 26, 2002 Page 482 COMMUNITY SERVICES HEALTH (49.) Resolution No. 2002-RO255 authorizing the Mayor to execute a contract between the City of Lubbock and the Texas Department of Health for an OPHP-Bioterrorism Preparedness -Lab, and any associated documents. RESOLUTION 2002-RO255 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 TDH Document No. 7560005906- 2003, OPHP-Bioterrorism Preparedness -Lab, with the Texas Department of Health, and any associated documents, 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 26th day of June, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, 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-R0255. This TDH contract is new funding to be used for staff, equipment, supplies and training and is designed to upgrade local public health jurisdictions' preparedness for and response to bioterrorism, other outbreaks of infectious disease, and other public health threats and emergencies. The total amount of $379,089 covers salary and fringes ($238,382) for five new full time positions, provides funds for training and travel ($12,200), funds for one vehicle, computer equipment and supplies ($97,049) and other funds ($31,458) to be partially used for architect fees towards developing enhanced laboratory capacity. This program will assist Lubbock's efforts in developing a bioterrorism preparedness plan that addresses selected focus areas and the required critical capabilities. The focus areas include preparedness planning and readiness assessment, surveillance and epidemiology capacity, laboratory capacity (biologic agents), communication and information technology/ Health Alert Network, communicating health risks and health information dissemination, and assessment of education and training needs for the community. This is the first time that federal, state, and local governments have come together on a unified plan to strengthen our public health system and Regular City Council Meeting June 26, 2002 Page 483 better prepare for a terrorism attack. These plans will allow for improvement of our health system by providing greater protection and care for our citizens. These plans being developed across the country will also usher in a new era of cooperation between all levels of government when it comes to protecting the public's health. This program fulfills the Core Mission of Public Health as it relates to essential public health services targeting disease prevention and surveillance. Without the funding from the Texas Department of Health contract, local public health efforts will be greatly impaired and the risk of illness in Lubbock citizens will increase. Therefore, staff recommended approval of the resolution. Tommy Camden, Director of Health Department, presented staff comments. Motion was made by Councilmember Hernandez, seconded by Councilmember Martin to pass Resolution No. 2002-RO255 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. PARKS AND RECREATION (50.) Resolution No. 2002-RO256 authorizing the Mayor to execute a Landscape Maintenance Agreement with McDougal Properties for maintenance of the landscape enhancement of the southwest quadrant at the intersection of Quaker Avenue and South Loop 289. RESOLUTION 2002-RO256 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a South Loop 289 Landscape Maintenance Agreement and any associated documents between the City and the Lubbock Avalanche -Journal, 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 26th day of June, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell, Parks and Recreation Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0256. The Texas Department of Transportation has completed the construction of the landscape improvements along South Loop 289. In 1999, then Councilman Max Ince worked diligently to develop a process where Regular City Council Meeting June 26, 2002 Page 484 businesses could partner with the City of Lubbock to provide maintenance of the landscape at the Loop turnarounds. Attached is an agreement signed by a representative of McDougal Properties (sponsoring business) for the maintenance of the southwest quadrant at the intersection of Quaker Avenue and South Loop 289. The maintenance of the Loop turnarounds by sponsoring businesses will allow for an enhanced level of maintenance. Along with the basic level of service, the sponsoring business will be responsible for the purchase and planting of flowers. A minimum of two plantings of seasonal flowers is required per year. The sponsoring business can provide additional plantings if they desire. Exhibit B outlines the maintenance standards that the sponsoring business is required to perform. Summary information of the agreement is as follows: • The City agrees to participate in such project in an amount not to exceed $2,890 annually. • The sponsoring business agrees to perform maintenance according to the standards shown on Exhibit B (attached). • The term of the agreement is for five years. • The sponsoring business may place advertising signs (no more than two per quadrant) that will depict the logo of the sponsoring business. The signs shall not exceed the dimensions of 24 inches x 18 inches. • City shall provide water for irrigation as well as maintain the irrigation system. Randy Truesdell, Parks and Recreation Manager, presented staff comments. Staff recommended approval of this resolution. Motion was made by Councilmember Martin, seconded by Councilmember Patterson to pass Resolution No. 2002-RO256 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. (51.) Resolution No. 2002-RO257 amending the License Agreement with the National Windmill Project, Inc., a non-profit organization doing business as American Wind Power Center, to allow for the assignment of eight acres of land to the Agriculture Heritage Museum Inc., a non-profit organization, for the display and interpretation of antique agricultural implements. RESOLUTION 2002-RO257 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City Of Lubbock BE and is hereby authorized and directed to execute for an on behalf of the City Of Lubbock an Amendment of License Agreement, providing for amendments to the License Agreement, dated on or about January 22, 1998, by and between the City of Lubbock and the National Windmill Project, Inc., a Texas nonprofit corporation, doing business as American Wind Power Center, and any associated documents. Said Amendment of License Agreement provides consent of the City Of Lubbock for the partial assignment of the License Agreement to the Agriculture Heritage Museum, Inc., and is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Regular City Council Meeting June 26, 2002 Page 485 Passed by the City Council this 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONSENT: /s/ Corbin Pemberton Corbin Pemberton, Community Projects Manager Parks and Recreation Department APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Amendment is filed with Resolution No. 2002-R0257. On January 22, 1998, the City of Lubbock entered into a License Agreement with the National Windmill Project Inc., (NWP), a Texas non-profit organization. The NWP is conducting business under the name American Windpower Center (AWC). The License Agreement is personal to the AWC with provisions specifically prohibiting the assignment or subletting of this license. In response to the City Council's priority of developing the Jim Bertram Lake System, the City of Lubbock is pursuing new avenues of tourism for the Lake System. Therefore, it is recommended that the agreement with the American Windpower Center be amended to allow for the AWC to sublicense with the Agriculture Heritage Museum for the sole purpose of displaying antique agricultural implements. The City of Lubbock proposes to authorize the American Windpower Center to sublicense the use of eight acres of land to the Agriculture Heritage Museum, a non-profit organization. The term will be for five years with one option for an extension of five more years. It is anticipated that the Agricultural Heritage Museum will relocate to Mackenzie Park before the expiration of the first option. Prior to the relocation, the City of Lubbock will enter into a License Agreement with the Agriculture Heritage Museum. The Agriculture Heritage Museum will be responsible for all operating and maintenance costs associated with their use of the land. On or before April 1, 2002, Agriculture Heritage Museum will display thirty types of antique agricultural implements to the public. For the duration of the sublicense, no fewer than thirty antique agricultural implements will be displayed as part of the exhibit. The Agriculture Heritage Museum, acting through its governing Board of Directors, will manage and operate the exhibit in compliance with all State and Federal laws, statutes and regulations and local ordinances. The Agriculture Heritage Museum, the Sublicensee, will indemnify and hold harmless, to the fullest extent permitted by law, the City of Lubbock and the City's respective officers. This item was originally on the April 25, 2002 City Council agenda. The item was removed due to its potential in negotiating a land exchange with the County in order for the City to secure the property for the .• Regular City Council Meeting June 26, 2002 Page 486 Mackenzie Amphitheater. Through recent discussions with the County Commissioners, it is clear that the County Commissioners have no interest in receiving parkland as part of the land exchange. Therefore, this item is no longer tied to the land exchange discussions that are currently underway. Since this issue is no longer tied to the land exchange, staff recommended amending the License Agreement with the National Windmill Project, Inc. to allow for the assignment of eight acres to the Agriculture Heritage Museum, Inc. for the display and interpretation of antique agricultural implements. Corbin Pemberton, Community Projects Manager, presented staff comments. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to pass Resolution No. 2002-RO257 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 37. DEVELOPMENT SERVICES PT . A NNING (52.) Ordinance No. 2002-00075 approving the North Overton District Tax Increment Finance Reinvestment Zone Project Plan and Finance Plan and the By -Laws as adopted by the Board of Directors of the North Overton Tax Increment Financing Reinvestment Zone (first reading) . ORDINANCE NO.2002-00075 AN ORDINANCE APPROVING THE NORTH OVERTON DISTRICT TAX INCREMENT FINANCE REINVESTMENT ZONE PROJECT PLAN AND FINANCE PLAN AND THE BY-LAWS AS ADOPTED BY THE BOARD OF DIRECTORS OF THE NORTH OVERTON TAX INCREMENT FINANCING REINVESTMENT ZONE. This item was considered following Item No. 39. The City Council created the North Overton District Tax Increment Finance (TIF) Zone and appointed the TIF Board on February 28, 2002. The Board has met on four occasions evaluating issues such as boundaries, project and finance plans, and By -Laws. At their June 12, 2002 meeting, the members of the Board adopted the Project Plan, Finance Plan, and By -Laws and submit to the City Council for approval. The Project Plan illustrates public improvements totaling $14,820,000. Implementation of these improvements will take place in multiple phases. Attached are copies of the Project Plan, Finance Plan, and By -Laws for your review. Craig Farmer, Managing Director of Planning and Transportation gave staff comments. The TIF Board and City staff recommended the approval of this ordinance. Motion was made by Councilmember Martin, seconded by Councilmember Cooke to pass on first reading Ordinance No. 2002- 00075 as recommended by staff with the following change: Financing Plan, Paragraph 6 shall be amended as follows: "For the Financial Plan, it is assumed that all participating taxing jurisdictions will participate at 100% of their incremental taxable value." Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Councilmember Hernandez recused themselves. Regular City Council Meeting June 26, 2002 Page 487 (53.) Resolution No. 2002-R0258 authorizing the City Council of Lubbock to adopt Redevelopment Policies for the City of Lubbock. RESOLUTION NO.2002-R0258 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the City Council of the City of Lubbock hereby adopts the attached Redevelopment Policies for the City of Lubbock. Said document is 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 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Director of Planning APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Redevelopment Policies is filed with Resolution No. 2002-R0258. The City Council asked that a set of policies regarding redevelopment be created as part of the North Overton project. Redevelopment has a number of factors that distinguish it from the development of raw land on the edge of a city. The cost of land acquisition of numerous individual parcels, demolition of structures and streets, remediation of asbestos and other contaminants and replacement/improvement of already existing public facilities such as water, wastewater, streets and drainage can increase the development costs 5 to 10 times normal development expenses. Most cities encourage redevelopment of areas like North Overton with substantial reinvestment in public infrastructure. These policies will give the citizens and the development community guidance as to how and where redevelopment will be encouraged by the City of Lubbock. They will also ensure that different redevelopment projects will be treated equally. Craig Farmer, Managing Director of Planning and Transportation gave staff comments. Staff recommended the approval of this resolution. Motion was made by Councilmember Martin, seconded by Councilmember Hernandez to pass Resolution No. 2002-R0258 as recommended by staff with the following change: "Delete Section 2" . Motion carried: 7 Yeas, 0 Nays. Councilmember Morrison questioned if deleting Section 2 there needed to be stated somewhere that City Council would have approval for changes. City Attorney Anita Burgess stated that if City Council enacted Regular City Council Meeting June 26, 2002 Page 488 it initially it would need to come back to City Council for any amendment and renumbering. (54.) Resolution No. 2002-RO259 authorizing the City Council of Lubbock to adopt Tax Increment Financing District policies for the City of Lubbock. RESOLUTION NO.2002-RO259 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the City Council of the City of Lubbock hereby adopts the attached Tax Increment Financing District Policies for the City of Lubbock. Said document is 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 26th day of June, 2002. /S/ MARC MCDOUGAL MARK MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Director of Planning APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Policies is filed with Resolution No. 2002-R0259. The City of Lubbock has utilized a Tax Increment Reinvestment Zone (TIR Zone) since 1986. However, the creation of the Central Business District TIR Zone and the North Overton TIR Zone created concern that there may be a proliferation of TIR Zones, and Council asked that a Tax Increment Finance (TIF) Policy document be created. Unlike the proposed Redevelopment Policies, the TIF Policies could be used for redevelopment of older areas or for new, raw land development. The proposed TIF policies would regulate how and where TIR Zones could be created, and under what conditions the TIRZ funds would be used to pay for public improvements. Generally, they require that the public benefits of the project outweigh the costs, that the tax increment be more than enough to cover any public debt and that the TIR Zone not jeopardize the financial stability of the City. Staff recommended approval of this resolution. Motion was made by Councilmember Martin, seconded by Councilmember Hernandez to pass Resolution No. 2002-RO259 as recommended by staff with the following change: "Delete Section 2" . Motion carried: 7 Yeas, 0 Nays. Regular City Council Meeting June 26, 2002 Page 489 (55.) Resolution No. 2002-RO260 authorizing the Mayor of the City of Lubbock to execute a grant application with the United States Department of Justice for funds to enhance technology within the Lubbock Police Department and to authorize the expenditure of one - ninth matching funds upon the awarding of the grant. RESOLUTION NO. 2002-RO260 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 and related documents to the United States Department of Justice, Bureau of Justice Assistance, Local Law Enforcement Block Grants Program, for funds for new technology, and that the Council hereby agrees, in accordance with the requirements of such grant application, to a cash match of $25,931, which is one -ninth of $233,378, and to establish or designate an advisory board to review the application for funding and make non -binding recommendations to the Council for the use of funds received under the Department's Block Grant Program. Passed by the City Council this 26`h day of June, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s' Harold Willard Harold Willard, Assistant City Attorney The Omnibus Fiscal Year 1999 Appropriations Act (Public Law 104- 208) authorizes the Director of the Bureau of Justice Assistance (BJA) to make funds available to local units of government under the Local Law Enforcement Block Grant (LLEBG) program for the purposes of reducing crime and improving public safety. The Police Department of the City of Lubbock requests that the City Council authorize the Mayor to execute the grant application with the United States Department of Justice. The Lubbock Police Department requests this grant to purchase new technologies. The grant requires one -ninth matching funds from the City in cash to be obligated and expended during the Federal project period. The Police Department is requesting a grant in the amount of $233,378. The City's share will be $25,931. The grant also calls for the City to establish an Advisory Board to review the application for funding and make non -binding recommendations on the use of the funding. Tom Mann, Assistant Chief Police, presented staff comments. The Police Department recommended approval of this resolution. ,;. Regular City Council Meeting June 26, 2002 Page 490 Motion was made by Councilmember Martin, seconded by Councilmember Cooke to pass Resolution No. 2002-RO260 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (56.) Consider one appointment to the Citizens Traffic Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Larry Lowe to the Citizens Traffic Commission. Motion carried: 7 Yeas, 0 Nays. (57.) Consider one appointment to the Community Development and Services Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Ronnie McClendon to the Community Development and Services Board. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 59. (58.) Consider three appointments to the South Plains Association of Governments. This item was considered following Item No. 59. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Victor Hernandez, Tom Martin, and Frank Morrison to the South Plains Association of Governments. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 40. (59.) Consider two appointments to the Youth Commission -Adults. This item was considered following Item No. 57. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Laura Garcia and LaCarl Richardson to the Youth Commission -Adults. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 58. 6:06 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers PUBLIC HEARINGS (60.) Hold a Public Hearing for consideration and approval of the Community Development Service Board recommendations for the funding of programs of the FY2002-2003 Community Development Block Grant (CDBG), Home Investment Partnership (HOME), and Emergency Shelter Grant (ESG) funds. Nancy Haney, Manager of Community Development, presented staff comments. Also speaking was Grey Lewis, Chairman of Community Development Service Board. Mayor McDougal opened the public hearing at 6:24 p. m. Cindy Acton, Director of Operations, Wellness Center, Mike Anzley, owner of Anzley's Family Dining, Christie Martinez, Fiestas Del Llanos and Lynn Buxkemper, Executive Director of Camp Fire Council appeared in favor of this matter. No one appeared in opposition. Mayor McDougal closed the hearing at 6:28 p. m. MGM Regular City Council Meeting June 26, 2002 Page 491 (61.) Resolution No. 2002-RO261 accepting for approval and submission to the Community Development Service Board recommendation to fund as presented in the public hearing (excluding the Fiestas del Llano parking lot) for the programs of the FY 2002-2003 Community Development Block Grant (CDBG), Home Investment Partnership (HOME), and Emergency Shelter Grant (ESG) and authorizing the Mayor to sign all related documents. Said recommendations are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. RESOLUTION NO. R0261 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby accepts for approval and submission to the Community Development Service Board recommendation to fund as presented in the public hearing (excluding the Fiestas del Llano Parking lot) for the programs of the FY 2002-2003 Community Development Block Grant (CDBG), Home Investment Partnership (HOME), and Emergency Shelter Grant (ESG) and authorizes the Mayor to sign all related documents. Said recommendations are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Hance Nancy Haney, Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Recommendations is filed with Resolution No. 2002-R0261. The recommendation from Community Development is the following: 2002-2003 PROPOSED USE OF COMMUNITY DEVELOPMENT RESOURCES BY GRANT Agency Project Community Development Block Grant Lubbock Black Chamber Lubbock Black Chamber Boys & Girls Club Minority Bus. Broch Penmanship Improvement Job Ready Program Buckner's Children's Project ROCK Amount Recommended $8,425 $0 $10,725 $10,313 491 Regular City Council Meeting June 26, 2002 Page 492 Buddy Holly Center Art Camp $0 Catholic Family Self Sufficiency $24,750 Services Children's Advocacy Healing For Abused $11,000 Center Children Christian Women's Job Training $14,795 Job Corps City Of Lubbock Step Up To Health $2,500 Health Dept. City Of Lubbock Community Learning $33,000 Parks Labs City Of Lubbock Summer Satellite Program $70,278 Parks City Of Lubbock Tree Planting $10,000 Parks City Of Lubbock Wellness Center $250,000 Parks City Of Lubbock Skate Park $200,000 Parks City Of Lubbock Berry Park Development $44,000 Parks Early Learning Child Care $22,000 Centers Guadalupe Parkway Summer Blast $12,152 Guadalupe/Parkway Renovation $27,000 Neigh. Center Guadalupe/ Parkway Playground $25,000 Neigh. Center Guadalupe /Parkway Parents as Teachers $0 Coalition for Literacy Literacy Outreach $3,300 March of Dimes Stork's Nest $9,350 MHMR CPR $0 Cotton Kings Kids Hockey $45,000 Fiestas de Llano Parking Lot $40,000 Lutheran Social Adult Daycare $38,700 Services 100 Black Men of Rites of Passage Boxing $19,487 West Texas 492 Regular City Council Meeting June 26, 2002 Page 493 West Texas Prevent Blindness Minority Vision $15,250 Awareness YWCA Interfaith Volunteer $6,300 YWCA Breast Cancer $3,000 YWCA Challenger $8,925 YWCA Childcare $22,000 Ramon Garcia Mentor Program $0 City Of Lubbock CD Emergency Repair $200,000 City Of Lubbock CD Micro -Enterprise Loans $75,000 City Of Lubbock CD Barrier Free Program $175,000 City Of Lubbock CD Target Residential Rehab $400,000 City Of Lubbock CD Sidewalk and Ramps $139,266 City Of Lubbock CD HEEELP $175,000 City Of Lubbock Salary Reimbursement $100,000 Bus. and Neigh. City Of Lubbock CD Acquisition/Demo $0 Lubbock Housing Security Lights $0 Authority Lubbock Housing Down Payment & Closing $0 Finance Corporation Costs Hispanic Chamber Business Assistance $30,000 Business Neigh.Dev. Clean Up $0 Lubbock Heritage Preservation $70,000 Soc. Wind Power Center Restoration $0 Marian Moss ent. Acquisition $0 Anzley's Family Rehab $0 Dining True Worshipers Construction $0 True Worshippers Outreach $0 True Worshippers Outreach $0 SPWB Childcare $23,100 Children's Home Family Care $25 000 TTU Job Training $0 493 Regular City Council Meeting June 26, 2002 Page 494 TTU Hospitality Skills Training $0 TTU Sr. Citizen Computer $0 Training TTU Youth Computer Program $0 Campfire On Wheels $12,300 City Of Lubbock CD Housing Delivery $582,000 City Of Lubbock CD Indirect Costs $90,000 City Of Lubbock CD CDBG Administration $502,084 Total CDBG $3,586,000 HOME Investment Partnership Program City Of Lubbock CD Reconstruction $602,750 City Of Lubbock CD LAZIP $178,000 City Of Lubbock CD New Construction $240,000 Community Housing Lease Purchase(CHDO $212,550 Resource Board Project) Community Housing Operations $50,000 Resource Board Heart of Lubbock Housing Project $0 West Texas Affordable New Homes $0 Community Impact Corp West Texas Operation $0 Community Impact Corp City Of Lubbock CD HOME Administration $128,700 Total HOME $1,412,000 Emergency Shelter Grant Alcohol Recovery Operations $7,500 Center ASK House Operations $8,000 Chapel Hill Neigh. Goals Project Homeless $0 Assn. Prevention Regular City Council Meeting June 26, 2002 Page 495 Salvation Army Operation $15,200 Salvation Army Homeless Prevention $30,000 Salvation Army Essential Services $23,300 Cleansing Springs Rehab. Center $0 Women's Protective Essential Services $10,000 Services LIHN Operations $11, 500 Lubbock MHMR Rehab $0 City Of Lubbock CD ESG Administration $5,500 Total ESG $111,000 Staff recommended that the City Council accept the Community Development funding recommendations for FY 2002-2003. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 2002-RO261 as recommended by staff (excluding CDBG Item No. 60 Cotton Kings). Motion carried: 7 Yeas, 0 Nays. Motion was made by Councilmember Martin, seconded by Councilmember Patterson to pass CDBG Item No. 60 Cotton Kings of Resolution No. 2002-RO261 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Boren recused himself. (62•) Resolution No. 2002-RO262 accepting for approval and submission to the Housing and Urban Development (HUD) of the Community Development Service Board recommendation to fund as presented in the public for the funding of program for Fiestas del Llano parking lot for the program of the FY 2002-2003 Community Development Block Grant (CDBG) and authorizing the Mayor to sign all related documents. Said recommendations are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. RESOLUTION NO. 2002-RO262 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby accepts for approval and submission to the Housing and Urban Development (HUD) of the Community Development Service Board recommendation to fund as presented in the public for the funding of program for Fiestas del Llano Parking Lot for the program of the FY 2002- 2003 Community Development Block Grant (CDBG and authorizes the Mayor to sign all related documents. Said recommendations are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 495 Regular City Council Meeting June 26, 2002 Page 496 Passed by the City Council this 26th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney, Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Recommendations is filed with Resolution No. 2002-R0262. The U.S. Department of Housing and Urban Development informed the City of Lubbock that the city was eligible to receive a Fiscal year 2002 consolidated formula allocation of $5,109,000 to allocate this year. This year the city received over 70 applications for CDBG, HOME and ESG funds with requested amounts totaling over $7,800,000. Lubbock citizens participated in this year's funding process through neighborhood associations, community and business organizations, direct participation and the Community Development and Services Board (CDSB). In making the recommendation the Community Development and Service Board kept in mind the goals of the City Council, the consolidated plan priorities, and the identified needs of the neighborhoods. The recommendation of the CDSB for spending federal dollars has been published since June 9, 2002. This Public Hearing will allow citizens to directly participate by addressing the City Council with comments. Staff does expect a large showing for this public hearing. Included in the audience will be a HUD monitor from Fort Worth, observing our process Approval of Fiestas del Llano's project requires a separate resolution due to the fact that Council member Hernandez will need to recuse from this vote as required by HUD regulations." The recommendation from Community Development is the following: 2002-2003 PROPOSED USE OF COMMUNITY DEVELOPMENT RESOURCES BY GRANT Agency Project Community Development Block Grant Lubbock Black Chamber Lubbock Black Chamber Boys & Girls Club Minority Bus. Broch Penmanship Improvement Job Ready Program Amount Recommended $0 $10,725 .E Regular City Council Meeting June 26, 2002 Page 497 Buckner's Children's Project ROCK $10,313 Buddy Holly Center Art Camp $0 Catholic Family Self Sufficiency $24,750 Services Children's Advocacy Healing For Abused $11,000 Center Children Christian Women's Job Training $14,795 Job Corps City Of Lubbock Step Up To Health $2,500 Health Dept. City Of Lubbock Community Learning $33,000 Parks Labs City Of Lubbock Summer Satellite Program $70,278 Parks City Of Lubbock Tree Planting $10,000 Parks City Of Lubbock Wellness Center $250,000 Parks City Of Lubbock Skate Park $200,000 Parks City Of Lubbock Berry Park Development $44,000 Parks Early Learning Child Care $22,000 Centers Guadalupe Parkway Summer Blast $12,152 Guadalupe/Parkway Renovation $27,000 Neigh. Center Guadalupe/ Parkway Playground $25,000 Neigh. Center Guadalupe /Parkway Parents as Teachers $0 Coalition for Literacy Literacy Outreach $3,300 March of Dimes Stork's Nest $9,350 MHMR CPR $0 Cotton Kings Kids Hockey $45,000 Fiestas de Llano Parking Lot $40,000 Lutheran Social Adult Daycare $38,700 Services 100 Black Men of Rites of Passage Boxing $19,487 West Texas 497 Regular City Council Meeting June 26, 2002 Page 498 West Texas Prevent Blindness YWCA YWCA YWCA YWCA Ramon Garcia City Of Lubbock CD City Of Lubbock CD City Of Lubbock CD City Of Lubbock CD City Of Lubbock CD City Of Lubbock CD City Of Lubbock Bus. and Neigh. City Of Lubbock CD Lubbock Housing Authority Lubbock Housing Finance Corporation Hispanic Chamber Business Neigh.Dev. Lubbock Heritage Soc. Wind Power Center Marian Moss ent. Anzley's Family Dining True Worshipers True Worshippers True Worshippers SPWB Children's Home TTU Minority Vision $15,250 Awareness Interfaith Volunteer $6,300 Breast Cancer $3,000 Challenger $8,925 Childcare $22,000 Mentor Program $0 Emergency Repair $200,000 Micro -Enterprise Loans $75,000 Barrier Free Program $175,000 Target Residential Rehab $400,000 Sidewalk and Ramps $139,266 HEEELP $175,000 Salary Reimbursement $100,000 Acquisition/Demo $0 Security Lights $0 Down Payment & Closing $0 Costs Business Assistance $30,000 Clean Up $0 Preservation $70,000 Restoration $0 Acquisition $0 Rehab $0 Construction $0 Outreach $0 Outreach $0 Childcare $23,100 Family Care $25,000 Job Training $0 498 Regular City Council Meeting June 26, 2002 Page 499 TTU TTU TTU Campfire City Of Lubbock CD City Of Lubbock CD City Of Lubbock CD Total CDBG HOME Investment Partnership Program City Of Lubbock CD City Of Lubbock CD City Of Lubbock CD Community Housing Resource Board Community Housing Resource Board Heart of Lubbock West Texas Community Impact Corp West Texas Community Impact Corp City Of Lubbock CD Total HOME Emergency Shelter Grant Alcohol Recovery Center ASK House Chapel Hill Neigh. Assn. Hospitality Skills Training Sr. Citizen Computer Training Youth Computer Program On Wheels Housing Delivery Indirect Costs CDBG Administration Reconstruction LAZIP New Construction Lease Purchase(CHDO Project) Operations Housing Project Affordable New Homes Operation HOME Administration Operations Operations Goals Project Homeless Prevention $0 $0 $0 $12,300 $582,000 $90,000 $502,084 $3,586,000 $602,750 $178, 000 $240,000 $212,550 $50,000 $0 $0 $0 $128, 700 $1,412,000 $7,500 $8,000 $0 e Regular City Council Meeting June 26, 2002 Page 500 Salvation Army Operation $15,200 Salvation Army Homeless Prevention $30,000 Salvation Army Essential Services $23,300 Cleansing Springs Rehab. Center $0 Women's Protective Essential Services $10,000 Services LIHN Operations $11,500 Lubbock MHMR Rehab $0 City Of Lubbock CD ESG Administration $5,500 Total ESG $111,000 Staff recommended that the City Council accept the Community Development funding recommendations for FY 2002-2003. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 2002-RO262 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez recused himself. Councilmember Cooke complimented Nancy Haney, her staff and the Community Development Service Board on the concise presentation of the fund program. 6:35 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Patterson made a motion to adjourn; Councilmember Martin seconded the motion. Motion carried: 7 Yeas, 0 Nays. Read and approved this day of r" , _• MARC MARL MCDOUGAL, MAYOR ATTEST: I1 ' Rebecca Garza, City Secreta 500