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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/12/2002CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING DECEMBER 12, 2002 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 12th day of December, 2002, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:32 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Council Member Gary O. Boren; Council Member Alex "Ty" Cooke, Council Member Tom Martin, Council Member Frank W. Morrison Absent: Council Members Hernandez and Patterson CITIZEN COMMENTS One citizen expressed comments to the Council. Carl Bagwell, 2601 — 24`h Street, informed Council he had a letter concerning his property. 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 Attorney; City Manager; City Secretary; Managing Directors); to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency (Electric Utilities); pending or contemplated litigation (Business & Neighborhood Development; Fire Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); to deliberate the purchase, exchange, lease, or value of real property (Parks Department; Water Utilities); and to deliberate the deployment, or specific occasions for implementation of security personnel or devices at the City of Lubbock Municipal Buildings (Facilities Management). 7:36 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All Council Members were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager; City Secretary; Managing Directors). (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 discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency. ( 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; Fire Department; Water Utilities). Regular City Council Meeting December 12, 2002 Page 478 (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Citizens Advisory Committee & Subcommittees Board of Health Central Business District Tax Increment Financing Reinvestment Zone Community Development & Services Board Community Relations Commission Libraries Board Permit & License Appeal Board Youth Commission —Students (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 Department; Water Utilities). (6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.076, to deliberate the deployment, or specific occasions for implementation of security personnel or devices at the City of Lubbock Municipal Buildings (Facilities Management). 9:48 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All Council Members were present except Council Member Patterson. (7.) Discuss City Council meeting and work session dates for January through June 2003. (10 minutes) Council has indicated a desire to spend more time in work session and policy discussions. Toward that end, they have directed staff to plan on a third monthly meeting, which will be devoted solely to those items. Council has requested to designate proposed dates for the meetings that will take place January -June 2003. After discussion, Council indicated that they would like to try a process, which will enable the elimination of work sessions from their meetings, which take place on the 2nd and 4th Thursdays of each month. Consequently, only executive sessions and formal agenda items would be held on those days barring unforeseen circumstances. The Council will consider work session/policy issues at meetings, which will begin at 9 a.m. on the Wednesday immediately preceding the first formal Council meeting of the month. The first such meeting will take place on January 8, 2003. These meetings will be held through the month of June, at which time Council will determine whether these meetings should be continued. (8.) Discuss City Treasurer position. This item was deleted. (9.) Report from Lake Alan Henry Working Group on Lake Issues. Council Member Gary Boren; Council Member Tom Martin; Richard Burdine, Assistant City Manager (45 minutes) The Lake Alan Henry (LAH) Working Group, represented by Council Member Gary Boren, Council Member Tom Martin and Assistant City Manager Richard Burdine reported on the group's progress in addressing lake issues. Topics discussed included: 1) the status of a pending Request for Qualifications from private firms to provide architectural/engineering services to the City for Regular City Council Meeting December 12, 2002 Page 479 LAH facilities, campgrounds, parking lot expansion and an RV dump station at the Samuel W. Wahl Recreational Area, including design guidelines for all City improvements built there; 2) the status of law enforcement coordination between the Lubbock Police Department and the Garza County constables at LAH; 3) the City's ongoing relationship for with the Brazos River Authority for LAH engineering services; and, 4) a draft fee structure to fund improvements. The next item was Item 11. (10.) Presentation of a recommendation made by the Community Development Services Board (CDSB) regarding policy changes for the 2003-04 allocation, including targeting, public service, foreclosure/forgiveness, and return of investment; and a review of Community Development's loan portfolio. Nancy Haney, Community Development Director (20 minutes) This item was considered after regular agenda and following Item 62. The CDSB met on Wednesday, October 9 to discuss Community Development policy issues. The first issue was targeting. The current targeting method of funding allocations focuses on five corridors that run through the CDBG eligible area. The targeted area included each of the corridors and one block to either side of the road. These areas are as follows: 1. North University —from Clovis Road north to Loop 289. 2. Clovis Road —from Avenue Q west to Indiana Avenue. 3. Buddy Holly Avenue —from 19`h Street north to Interstate 27. 4. Interstate 27—from 34'h Street north to Regis. 5. MLK Boulevard ---from 50`h Street north to Regis. The area north of Clovis Road was expanded earlier to include three blocks out from the corridor. This action was taken because a great deal of the property one block north of Clovis Road is actually zoned for manufacturing. This limited the number of households that could be assisted in the area. The CDSB recommended no changes at this time. The next issue was the Public Service Policy. Through the direction of previous Councils, CD has utilized a policy that has limited the duration of CDBG funding for any public service agency to no more than four consecutive years. The funds are also given based upon a decreasing percentage of program costs. • First Year Funding: • Second Year Funding • Third Year Funding: • Fourth Year Funding: • Fifth Year Funding: 75% of program costs 55% of First Year Funding 35% of First Year Funds 15% of First Year Funds None Sub recipients must be able to demonstrate that their level of service will be maintained as CD funding decreases. This encourages agencies to seek other sources of funding for their programs. By limiting the number of years that an agency can receive assistance, the policy also encourages the funding of new programs and agencies. During past funding cycles, CDSB members have discussed the need to set aside a certain amount of the CDBG allocation to fund childcare programs. Childcare is viewed as a high priority category in that it allows for the care of the child while the parent is working. In many cases, the Me Regular City Council Meeting December 12, 2002 Page 480 parent would be unable to seek employment because of the expense of childcare. The CDSB is proposing a policy change that would allow 20% of the CDBG public service funds to be set -aside for childcare purposes. If there are not enough qualified applicants for this type of program, the public service policy will be waived. This will give the Board the flexibility to fund sub recipients at a higher rate that may be nearing the end of their four-year funding cycle. This will ensure that 20% of the public service funds will go to child care. In this case, child care will be defined as any provider that meets the requirements to be certified by the South Plains Child Care Management Services (CCMS). The third policy discussion centered around default loans. Through the direction of previous Councils, Community Development has undertaken the option of foreclosure to settle accounts. The Housing Programs do require a payback. The amount of the payback is dependent upon the program used and the income of the household. Foreclosure has been considered to be the final option when all other collection efforts have failed to generate payments. Before this step is taken, staff works diligently with the borrower to work out a payment schedule to resolve the delinquency. The members of the CDSB and staff feel that foreclosure is a necessary tool in the collection process. There are occasions where a borrower encounters a situation that may hinder or eliminate his/her ability to repay the loan. This situation could arise through a death in the family, injury or illness causing a disability, or other problems that are out of the borrower's control. There are two options to handle this type of situation. First, CD could simply forgive the remaining debt. This would give the borrower a clear title on the residence. Another option would be to defer the debt until the home is placed for sale. This would guarantee that CD would eventually be reimbursed for the loan through the sale proceeds. The members of the CDSB are interested in continuing the policy of foreclosure for uncollectible debt. With the approval of City Council, the CDSB would also like to have CD staff prepare a proposed policy to deal with the issues of Forgiveness and Deferment. The last policy discussed was Return of Investment. The Return of Investment Policy requires an agency to pay back some portion of the funds allocated toward a specific project. This allows for a continuing inflow of funds even if the federal government decreases the annual allocation to the City. The City recognizes two types of entities that will be providing services that will be required to follow this policy. For -Profit Organizations: In order to receive Community Development dollars, a for profit organization must demonstrate that the proposed project provides a community benefit by meeting an identifiable community need. If CD dollars are awarded, the award will be in the form of a low interest loan. The organization will be expected to pay back 100% of the funding with terms to be negotiated at the time of the contract. Not -For -Profit Organizations: In order to evergreen federal funds, as well as to encourage the work performed by not -for -profit organizations, these groups will be required to pay back 25% of the total grant funding expended. The agency must repay the amount within a ten-year time period. No interest will be assessed on this loan. I'1 Regular City Council Meeting December 12, 2002 Page 481 Members of the CDSB view this policy as a positive to the entire allocation process. The Board suggests that there be no change to the Return of Investment Policy. Community Development brings these policies to the Council for review on an annual basis. Council can vote on these policies at the Public Hearing during reallocation. Nancy Haney, Manager, Community Development, gave staff comments. She requested direction from Council. A public hearing for reallocation will be in January. Ms. Haney asked if Council would like to make the changes as recommended by the Board. If so, these would be added to the public hearing. Council agreed that this should be done. 10:50 A. M. WORK SESSION RECESSED 10:58 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Alex "Ty" Cooke, Council Member Tom Martin, Council Member Frank W. Morrison, Bob Cass, City Manager; Don Vandiver, First Assistant City Attorney; and Rebecca Garza, City Secretary Absent: Council Member Patterson Mayor McDougal called the meeting to order at 10:58 A. M. (11.) Pastor Carl Tod, Senior Pastor, Trinity Church gave the invocation. (12.) Gabriela Hernandez, daughter of Mayor Pro Tern Hernandez and a student at Ramirez Elementary School, led those in the City Council Chambers in the Pledge of Allegiance to the United States flag. Marisol Aguero, also a student at Ramirez Elementary School, led those in the City Council Chambers in the Pledge to the Texas flag. (13.) The sixth grade class from Ramirez Elementary School attended the City Council meeting to perform three Christmas Songs. The sixth grade class from Ramirez Elementary School visited City Hall during the December 12 Council meeting and performed three Christmas Songs. The students prepared for this event for about a month and sang "Christmas a time for Sharing", "On Christmas Day", and "Winter Fantasy". The class will also perform their songs during the Hutchinson Junior High School and Cavazos Junior High School Choir Concerts. BOARD APPOINTMENTS RECOGNITION Board of Electrical Examiners Receiving: Bobby Little Building Board of Appeals Receiving: Bruce Thornton Culture & Arts Commission Receiving: Mary Crites (unable to attend) Planning & Zoning Commission Receiving: Jerry Bell Structural Standards Commission Receiving: Margaret Aguilar (unable to attend) Bill Cantrell Mary Trevino Youth Commission —Adults Receiving: David Pruett Regular City Council Meeting December 12, 2002 Page 482 West Texas Municipal Power Agency Receiving: Randy Andrews (unable to attend) CITIZEN APPEARANCES (14.) Presentation of a Special Recognition and a bronze nameplate recognizing Maggie Trejo, former Lubbock City Council Member and Mayor Pro Tem. Former City Council Member Maggie Trejo was elected in 1984 as the first member representing District 1 after the courts approved single - member districts. Maggie was the first Hispanic, man or woman, to be elected to the City Council. She was reelected in 1986 and 1990 and was Mayor Pro Tem from 1992 until she left the Council in June of 1993. During her time on the Council, Maggie was involved in many important projects including Lake Alan Henry, the Marsha Sharp (East/West) Freeway, the widening of Indiana Avenue and 4th Street, the Ground Water Mediation program, the rehab and new construction of wastewater facilities, and renovations at the Lubbock International Airport. While serving on Council, Maggie also represented Lubbock through her involvement in the National League of Cities and the Texas Municipal League. Ms. Trejo was the first Hispanic to hold the title of Mayor Pro Tem, and during her tenure, she never received a brass nameplate. To rectify this, Ms. Trejo was presented with a special recognition and a bronze nameplate recognizing her as a former Lubbock City Council Member and Mayor Pro Tem. (15.) Presentation of incentive awards — two Cost Savings Suggestion awards. The Cost Savings Suggestion program awards employees who find innovative ways to save the City money, avoid costs or improve productivity. The Cost Savings Suggestion Program has earned almost a 70% "return on investment" over the past seven years. By paying incentive checks amounting to $21,970 for 27 verified, cost -saving innovations, the City has profited from almost $500,000 in cost reductions and avoidances, and 65 employees have received incentive checks. Ten percent of verified, first -year savings or a cash award for productivity improvement without verified savings is paid to employees. When the video camera at the Water Reclamation plant needed to be relocated for security, the only quote came from a contractor unwilling to work in a harsh work environment with construction obstacles. Two employees devised a plan to complete the project themselves. In the process, they had to train themselves about video camera installation in order to mount the camera with minimal problems. The work was accomplished after regular work hours saving the Water Reclamation budget $15,787. Terry McCreary and Scott Wright earned 10% of that savings. They were unable to attend to receive a check for $1,587.35 to be presented by City Manager Bob Cass for their initiative and cost saving endeavors. Water Utilities has leased telephone circuits to control and monitor critical remote pumping stations, lift stations and valve stations. Circuit failures involved loss of communication, water pressure fluctuations and personnel overtime. When the Electrical Equipment group learned of the plan to expand the SCADA system to Bailey County, they suggested that all local pumping stations and remote locations be included and that radio transceivers be installed. By converting to a wireless communication system and doing much of the upgrade work themselves, the Electrical Equipment group avoided almost $200,000 in costs. The actual, verified first -year savings for the conversion to a radio system and eliminating telephone circuits is $41,183.21 and the Electrical Equipment crew shares an incentive check for $4,118.32. Em Regular City Council Meeting December 12, 2002 Page 483 Crewmembers Curtis McDole, Scott Selby, Bill Kamp, Rich Ehrlich, Danny Dorcas and Jack Veazey were unable to attend to receive a check for $4,118.32 to be presented by City Manager Bob Cass for their initiative and cost saving endeavors. CONSENT AGENDA (Nos. 16-41) Motion was made by Council Member Cooke, seconded by Council Member Martin to approve Items 16-41 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (16.) Approval of Minutes: November 14, 2002 Regular City Council Meeting November 21, 2002 Regular City Council Meeting (17.) Ordinance #2001-00059—Abandoning and closing a portion of an alley located in the Drive In Addition to the City of Lubbock (5710 I-27). ORDINANCE NO. 2001-00059 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN ALLEY LOCATED IN THE DRIVE IN SUBDIVISION 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. This ordinance was read as a routine consent agenda item at the July 12, 2001 City Council meeting. After numerous setbacks, the final plat is ready to be filed. The Right -of -Way Department recommended approval of the second reading of this ordinance. (18.) Ordinance #2002-00126—ZONE CASE NO. 2953 (3505-3509 22nd Place): Request of Hemmo & Karen Bosscher for a zoning change from R-1 to AM on Lot 2, Lot 3, and Lot 4, Block 1, Raymond Painter Addition (second and final reading). ORDINANCE NO. 2002-00126 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2953; A ZONING CHANGE FROM R-1 TO AM ZONING ON LOT 2, LOT 3, AND LOT 4., BLOCK 1, RAYMOND PAINTER ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (19.) Ordinance #2002-00127—ZONE CASE NO. 2954 (1101h Street and west of Frankford Avenue): Request of Hugo Reed and Associates for Carl Mortenson for a zoning change from T to R-1 Specific Use for garden homes on an unplatted 4.0-acre tract of land out of Section 21, Block AK (second and final reading). ORDINANCE NO. 2002-00127 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2954; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR GARDEN HOMES, ZONING ON AN UNPLATTED 4.0-ACRE TRACT OF LAND OUT OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Regular City Council Meeting December 12, 2002 Page 484 (20.) Ordinance #2002-00128—ZONE CASE NO. 2895-A (south of 82nd Street and east of Milwaukee Avenue): Request of Rick Betenbough for Quality Land Development for a zoning change from R-1 Specific Use to R-2 Specific Use (for duplexes with 20-foot front setbacks on a 2.62-acre tract of land), A-2 (for a church or apartments on a 5.97- acre tract of land), and GO (for professional offices on a 3.16-acre tract of land) out of Section 28, Block AK (second and final reading). ORDINANCE NO. 2002-00128 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2895-A; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-2 SPECIFIC USE (FOR DUPLEXES WITH 20-FOOT FRONT SETBACKS ON A 2.62-ACRE TRACT OF LAND), A-2 (FOR A CHURCH OR APARTMENTS ON A 5.97-ACRE TRACT OF LAND), AND GO (FOR PROFESSIONAL OFFICES ON A 3.16-ACRE TRACT OF LAND) , ZONING OUT OF SECTION 28, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (21.) Ordinance #2002-00129—ZONE CASE NO. 2832-C (south of 761h Street between Avenue S and Avenue U): Request of Hugo Reed and Associates for Lubbock Land Company for a zoning change from R-1 Specific Use for reduced front setback to R-1 Specific Use for garden homes including a five-foot side setback on corner lots and a five-foot setback on cul-de-sac lots on an unplatted 36.6-acre tract of land out of Section 4, Block E (second and final reading). ORDINANCE NO. 2002-00129 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2832-C; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES INCLUDING A FIVE FOOT SIDE SETBACK ON CORNER LOTS AND A FIVE FOOT SETBACK ON CUL DE SAC LOTS, ZONING ON AN UNPLATTED 36.6-ACRE TRACT OF LAND OUT OF SECTION 4, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (22.) Ordinance #2002-00130—ZONE CASE NO. 2355-A (south of 41h Street and west of Zenith Avenue): Request of Roosevelt Benson for House of Prayer Non -denominational for a zoning change from R-1 to A-2 limited to a church and church -related uses on an unplatted parcel of land out of Section 4, Block 0 (second and final reading). ORDINANCE NO. 2002-00130 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2355-A; A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO A CHURCH AND CHURCH -RELATED USES ON ON AN UNPLATTED PARCEL OF LAND OUT OF SECTION 4, BLOCK O, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (23.) Ordinance #2002-00131—ZONE CASE NO. 2222-D (1701 33rd Street): Request of Wilkerson Investment Co. for W.W. Butler, Jr., to amend Ordinance No. 8782 to allow a restaurant (see recommended business name in conditions) as a permitted use on Lots 1, 2, and 3, Block 12, O'Neall Terrace Addition (second and final reading). ORDINANCE NO. 2002-00131 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2222-D; AMENDING THE CONDITIONS OF ORDINANCE 8782 TO ALLOW A RESTAURANT AS A PERMITTED USE ON Im Regular City Council Meeting December 12, 2002 Page 485 LOT(S) 1-3, BLOCK 12, O'NEALL TERRACE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (24.) Ordinance #2002-00132—ZONE CASE NO. 1437-G (306 Toledo Avenue): Request of Jeff Petersen for The Griffin Children's Trust for a zoning change from C-2 to C-2 Specific Use for a cellular transmission tower on the northwest portion of Lot 3, Holliday Addition (second and final reading). ORDINANCE NO. 2002-00132 -- AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1437-G; A ZONING CHANGE FROM C-2 TO C-2 SPECIFIC USE FOR A CELLULAR TRANSMISSION TOWER, ZONING ON THE NORTHWEST PORTION OF LOT 3, HOLLIDAY ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (25.) Ordinance No. 2002-00135 approving the Central Business District Tax Increment Finance Reinvestment Zone Project Plan and Finance Plan and the By -Laws as adopted by the Board of Directors of the Central Business District Tax Increment Financing Reinvestment Zone (first reading). ORDINANCE NO.2002-00135 AN ORDINANCE DESIGNATING AND DESCRIBING THE BOUNDARIES OF A TAX INCREMENT FINANCING REINVESTMENT ZONE FOR THE CENTRAL BUSINESS DISTRICT OF LUBBOCK, TEXAS; ESTABLISHING THE DURATION OF THE ZONE; ESTABLISHING A TAX INCREMENT FUND; AND ESTABLISHING A BOARD OF DIRECTORS FOR THE TAX INCREMENT FINANCING REINVESTMENT ZONE. The City Council created the 'Central Business District Tax Increment Finance (TIF) Zone and appointed the TIF Board on December 3, 2001. Members of the board are Merle Blosser (chair), R.J. Givens, Dolores Milhous, Brent Noble, Jim Shearer, David Polnick, Jim Conkwright, Jim Courtney and Judge Tom Head. The Board has met on four occasions evaluating issues such as boundaries, project and finance plans, and By - Laws. At their April 10, 2002 meeting, the members of the Board adopted the Project Plan, Finance Plan, and By -Laws and submitted these to the City Council for approval. The Project Plan illustrates public improvements totaling $7,720,000. Implementation of these improvements will take place in multiple phases. Copies of the Project Plan, Finance Plan, and By -Laws were provided in Council backup. The TIF Board and City staff recommended the approval of this ordinance. (26•) Resolution No. 2002-RO526 authorizing the Mayor to sign the Annual Report of the Central Business District Increment Financing Reinvestment Zone, pursuant to the Tax Increment Financing Act, Texas Tax Code Chapter 311. RESOLUTION NO.2002-RO526 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 the Central Business District Tax Increment Financing Reinvestment Zone Annual Report for October 1, 2001 through September 30, 2002, which will be distributed to the chief executive officer of each taxing unit levying taxes within the Central Business District Tax Increment Financing Reinvestment Zone and to the Office of the Texas Attorney General. Said Annual Report is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Regular City Council Meeting December 12, 2002 Page 486 Passed by the City Council this 12th day of December, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director of Planning and Transportation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Annual Report is filed with Resolution No. 2002-R0526. The Lubbock City Council established the Central Business District Tax Increment Financing Reinvestment Zone by ordinance on December 3, 2001. According to the Texas Tax Increment Finance Act Section 311.016, the City must submit an annual report to the chief executive officer of each taxing unit that levies taxes on property within a tax increment finance zone. Therefore, staff has prepared the first annual report of the Central Business District Increment Financing Reinvestment Zone's activities. The report must be provided within 90 days of the end of the City's fiscal year and a copy must also be sent to the Office of the Texas Attorney General. The Texas Tax Increment Finance Act specifies that the report must include: Amount and source of revenue in the tax increment fund established for the zone; a Amount and purpose of expenditures from the fund; `m Amount of principal and interest due on outstanding bonded indebtedness; r Tax increment base and current captured appraised value retained by the zone; �a Captured appraised value shared by the City and other taxing units; Total amount of tax increments received; VIA Any additional information necessary to demonstrate compliance with the tax increment -financing plan adopted by the City. Staff recommended approval of this resolution. (27.) Resolution No. 2002-RO527 authorizing the Mayor to execute a Contract of Sale with Heron Land Company for a 6.82-acre tract of land in Section 36, Block AK, Lubbock County, Texas, for a City Park (6003 Spur 327). RESOLUTION NO. 2002-RO527 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 of Sale between Ewe Regular City Council Meeting December 12, 2002 Page 487 the City of Lubbock and Heron Land Company, a Texas corporation, and any other related documents. Said 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 12th day of December, 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/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Contract of Sale is filed with Resolution No. 2002-R0527. On August 29, 2002 the City Council approved an offer to Heron Land Company for the purchase of a 5.82-acre tract and a 1.00-acre tract of land just north of Spur 327 and west of Frankford Avenue near the southeast corner of McAlister Park. The 5.82-acre tract is being purchased for conversion park land to allow the City to construct Milwaukee Avenue through the park and the 1.00-acre tract of land is being purchased as part of the qualifying process for the recently awarded $500,000 grant from Texas Parks and Wildlife. Heron Land Company's real estate agent agreed to the City's offer of $60,016 for these two tracts of land, but Heron's attorney wanted $68,200 after coming down from $133,748. After some negotiating, they have agreed to split the difference and sell the 6.82 acres for $64,108 and this Contract of Sale finalizes this acquisition and sets the closing terms. The Right -of -Way Department recommended approval of this resolution. (28•) Resolution No. 2002-RO528 authorizing the Mayor to execute a resolution releasing a .293-acre portion of Texas Department of Transportation right-of-way for TxDOT to convey to the abutting property owner (1510 3rd Street). RESOLUTION NO.2002-RO528 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Whereas, a Right -of -Way Deed exists in Section 79, Block A, Lubbock County, Texas, being a part of that .293 acre tract of land conveyed by Continental Gin Company to the State of Texas in Right -of -Way Deeds recorded in Volume 1411, Page 185 and Volume 1411, Page 195, Records of Lubbock County, Texas and adjoining that tract of land conveyed to Falcon Steel Company, Inc. of Lubbock, Texas in Warranty Deed recorded in Volume 1678, Page 94, Records of Lubbock County, Texas; Whereas, the land specified is no longer needed for the use of citizens as a road; Whereas, a release of the right-of-way would enable an abutting landowner, Falcon Steel Company, Inc. more efficient use of the land; Whereas, the Texas Department of Transportation has made this request of the City of Lubbock. Regular City Council Meeting December 12, 2002 Page 488 Whereas, the property description for said right-of-way is attached in Exhibit "A" of this resolution; NOW THEREFORE, BE IT RESOLVED that the City of Lubbock does not interpose any objection for the State to sell and release the said right-of-way to the abutting landowner. Passed by the City Council this 12th day of December, 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 L. Chamales, Supervising Attorney Office Practice Section A copy of Exhibit "A" is filed with Resolution No. 2002-R0528. TxDOT has been approached by the property owner at 230 Avenue O, who desires to purchase a .293-acre excess portion of 3rd Street right-of-way. This excess portion of 3rd Street is no longer needed by TxDOT and will be sold to the abutting property owner, Falcon Steel Company of Lubbock. TxDOT purchased this portion of 3rd Street in 1974 for a possible east -west one-way street project. TxDOT has requested that the City give permission for this sale. The Right -of -Way Department recommended approval of this resolution. (29.) Resolution No. 2002-RO529 authorizing the Mayor to execute a street - use license with Westminster Presbyterian Church of Lubbock, Texas Inc. for the use of a City street for a building encroachment (3321 33rd Street). RESOLUTION NO.2002-RO529 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License for a building encroachment, by and between the City of Lubbock and Westminster Presbyterian Church of Lubbock, Texas and related documents. 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. ,.. Regular City Council Meeting December 12, 2002 Page 489 Passed by the City Council this 12th day of December, 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 L. Chamales, Supervising Attorney Office Practice Section A copy of the agreements is filed with Resolution No. 2002-R0529. Westminster Presbyterian Church is located in the 3300 block of the south side of 33rd Street, east of Indiana Avenue. They are in the process of finishing the plans for remodeling and renovating their church building. Part of their remodeling plan is the addition of a vestibule entryway. A portion of this entryway is proposed to be constructed in the south right- of-way of 33rd Street, forty-six feet east of Indiana Avenue. This entryway would encroach 8 feet north to south by 31.5 feet east to west for a total area of 252 square feet. The parkway width at this location is 12 feet in width, which will leave a 4-foot sidewalk area. The "zero" setback portion of the building is in the middle portion of the block and should not create a line of sight issue along 33rd Street. At the November meeting, the City's Zoning Board of Adjustment approved this building remodeling plan to vary the setback of the activity center adjacent to the proposed entryway. The Church will be charged the minimum street use license fee of $50 per year for this twenty-year license, payable every five years in advance. The City will receive $250 for each five-year period. The Church also owns some of the property on the north side of 33rd Street, including an area developed as a parking lot, and some time in the future may propose closure of 33rd Street between Indiana Avenue and Hartford Avenue. The Right -of -Way Department recommended approval of this resolution. (30.) Consider approval of an island in Savannah Avenue immediately south of 98tt' Street. Chapter 25 of the Code of Ordinances requires City Council approval of islands in streets. This particular Street, Savannah Avenue, will be a primary access street into the new Lakeridge South subdivision. Ken Flagg, representing the developers of Lakeridge South, is making the request for this island in the street. The proponents will also be requesting approval from the Zoning Board of Adjustment for some special decorative fencing, a sign, and other improvements to be placed in this island, should Council approve this island in the street. The island will be a privately owned tract of land, with all development ,;. Regular City Council Meeting December 12, 2002 Page 490 and maintenance costs borne by the developer and Homeowner's Association. A copy of the Certificate of Incorporation of the Homeowner's Association was provided. Staff recommended approval of this island in Savannah Avenue. (31.) Resolution No. 2002-RO530 providing for a partial paving release to portions of property abutting 82nd Street from Avenue U to U.S. Highway 87. RESOLUTION NO.2005-RO530 PARTIAL PAVING RELEASE RESOLUTION THE STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, Resolution No. 6613 passed by the City Council on November 11, 1999, determined the necessity for making certain street and alley improvements as therein designated, which Resolution was filed as a matter of record in Volume 7928, Page 131 of the Official Real Property Records of Lubbock County, Texas, reference to which record is hereby made for all pertinent purposes; and WHEREAS, the City Council of the City of Lubbock finds and determines that the liens and/or clouds against certain abutting properties created by the filing of such Resolution should be released against such properties as are hereinafter described for the reasons hereinafter stated; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I. THAT the following described properties in Unit Number 2386-001, 82°d Street from Avenue U East to US Highway 87 are hereby released and quitclaimed because no assessments were made against such properties after a public hearing thereon as a result of the properties being above the high-water of a lake, to wit: The following metes and bounds described property: Beginning at the Northwest corner of this tract which bears North 00 degrees 02 minutes 31 seconds East a distance of 229.36 feet and South 89 degrees 57 minutes 29 seconds East a distance of 37.50 feet from the Southwest corner of the Southeast quarter of Section 4, Block E, Lubbock County, Texas; Thence North 89 degrees 57 minutes 48 seconds East a distance of 1282.63 feet to the Northeast corner of this tract; Thence South 00 degrees 01 minutes 15 seconds West along the East line of this tract a distance of 150.00 feet to a point in the North right of way line of 82°d Street; Thence South 89 degrees 58 minutes 47 seconds West along the North right of way line of 82°d Street a distance of 498.38 feet to a point of curvature; Thence Southwesterly along a curve to the left, said curve lying in the North right of way line of 82nd Street, said curve having a radius of 875.21 feet, a central angle of 02 degrees 26 minutes 25 seconds, a chord bearing of South 89 degrees 05 minutes 27 seconds West, a chord distance of 37.27 feet, tangent lengths of 18.64 feet and an arc length of 37.28 feet to a point of tangency; Thence South 87 degrees 32 minutes 12 seconds West a distance of 540.92 feet to a point of curvature; Thence Southwesterly along a curve to the right, said curve lying in the North right of way line of 82"d Street, said curve having a radius of 765.21 feet, a central angle of 02 degrees 30 minutes 21 seconds, a chord bearing of South 88 degrees 25 minutes 18 seconds West, a chord distance of 33.46 feet, tangent lengths of 16.74 feet and an arc length of 33.47 feet to a point of tangency; :•1 Regular City Council Meeting December 12, 2002 Page 491 Thence North 89 degrees 57 minutes 29 seconds West along the North right of way line of 82°d Street a distance of 143.19 feet to a point of curvature; Thence Northwesterly along a curve to the right, said curve having a radius of 30.00 feet, a central angle of 90 degrees 00 minutes 00 seconds, a chord distance of 42.43 feet and an arc length of 47.12 feet to a point of tangency; Thence North 00 degrees 02 minutes 31 seconds East parallel to the West line of Section 4, Block E, Lubbock County, Texas a distance of 144.36 feet to the Point of Beginning. Winniewood Addition; Lots 89, 90, 91, 92, 93, 94, 95 and 96 The following metes and bounds described property: Beginning at the Southwest corner of this tract which bears North a distance of 45.00 feet and North 89 degrees 57 minutes East a distance of 830.00 feet from the Southwest corner of Section 5, Block E, Lubbock County, Texas; Thence North along the East line of Lot 96, Winniewood Addition a distance of 149.00 feet to the Northeast corner of said Lot 96, same point being the Northwest corner of this tract; Thence North 89 degrees 57 minutes East: 150.00 feet to the Northeast corner of this tract; Thence South parallel to the East line of said Lot 96 a distance of 149.00 feet to a point; Thence South 89 degrees 57 minutes West a distance of 150.00 feet to the Point of Beginning; The following metes and bounds described property: Beginning at the Southwest corner of this tract which bears North 89 degrees 57 minutes East a distance of 980.00 feet and North a distance of 45.00 feet from the Southwest corner of Section 5, Block E, Lubbock County, Texas; Thence North 89 degrees 57 minutes East a distance of 75.00 feet to the South east corner of this tract; Thence North parallel to the East line of Lot 96, Winniewood Addition a distance of 149.00 feet to the Northeast corner of this tract; Thence South 89 degrees 57 minutes West a distance of 75.00 feet to the Northwest corner of this tract; Thence South parallel to the East line of said Lot 96 a distance of 149.00 feet to the Point of Beginning. The following metes and bounds described property: Beginning at the Southwest corner of this tract which bears North 89 degrees 57 minutes East a distance of 1055.00 feet and North a distance of 45.00 feet from the Southwest corner of Section 5, Block E, Lubbock County, Texas; Thence North 89 degrees 57 minutes East a distance of 75.00 feet to the Southeast corner of this tract; Thence North parallel to the East line of Lot 96, Winniewood Addition a distance of 149.00 feet to the Northeast corner of this tract; Thence South 89 degrees 57 minutes West a distance of 75.00 feet to the Northwest corner of this tract; Thence South parallel to the East line of said Lot 96 a distance of 149.00 feet to the Point of Beginning. The following metes and bounds described property: Beginning at the Southwest corner of this tract which bears North 89 degrees 57 minutes East a distance of 1130.00 feet and North a distance of 45.00 feet from the Southwest corner of Section 5, Block E, Lubbock County, Texas; Thence North 149.00 feet to the Northwest corner of this tract; 491 Regular City Council Meeting December 12, 2002 Page 492 Thence North 89 degrees 57 minutes East a distance of 75.00 feet to the Northeast corner of this tract; Thence South parallel to the East line of Lot 96, Winniewood Addition a distance of 149.00 feet to the Southeast corner of this tract; Thence South 89 degrees 57 minutes West a distance of 75.00 feet to the Point of Beginning. The following metes and bounds described property: Beginning at the Southwest corner of this tract which bears North 89 degrees 57 minutes East a distance of 1205.00 feet and North a distance of 45.00 feet from the Southwest corner of Section 5, Block E, Lubbock County, Texas; Thence North parallel to the East line of Lot 96, Winniewood Addition a distance of 149.00 feet to the Northwest corner of this tract; Thence North 89 degrees 57 minutes East a distance of 90.00 feet to point in the West right of way line of Avenue L; Thence South along the West right of way line of Avenue L a distance of 149.00 feet to the Southeast corner of this tract; Thence South 89 degrees 57 minutes West a distance of 90.00 feet to the Point of Beginning. The following metes and bounds described property: Beginning at the Southwest corner of this tract which bears North 89 degrees 57 minutes East a distance of 1345.00 feet and North a distance of 45.00 feet from the Southwest corner of Section 5, Block E, Lubbock County, Texas; Thence North along the East right of way line of Avenue L a distance of 149.00 feet to the Northwest corner of this tract; Thence North 89 degrees 57 minutes East a distance of 150.00 feet to the Northwest corner of Lot 97, Winniewood Addition; Thence South along the West line of said Lot 97 a distance of 149.00 feet to the Southwest corner of said Lot 97; Thence South 89 degrees 57 minutes West a distance of 150.00 feet to a point in the East right of way line of Avenue L, same point being the Point of Beginning. Winniewood Addition; Lots 97 and 98 The following metes and bounds described property: Beginning at the Southwest corner of this tract which bears South 89 degrees 57 minutes West a distance of 839.82 feet and North 45.00 feet from the Southeast corner of the Southwest quarter of Section 5, Block E, Lubbock County, Texas, same point begin the Southeast corner of Lot 98, Winniewood Addition; Thence North along the East line of said Lot 98 a distance of 149.00 feet to the Northwest corner of this tract, same point being the Northeast corner of said Lot 98; Thence North 89 degrees 57 minutes East a distance of 75.00 feet to the Northeast corner of this tract; same point being the Northwest corner of Lot 99, Winniewood Addition; Thence South along the West line of said Lot 99 a distance of 149.00 feet; Thence South 89 degrees 57 minutes West a distance of 75.00 feet to the Point of Beginning. Winniewood Addition; Lot 99 The following metes and bounds described property: Beginning at the Southwest corner of this tract which bears South 89 degrees 57 minutes West a distance of 684.82 feet and North a distance of 45.00 feet from the Southeast corner of the Southwest quarter of Section5, Block E, Lubbock 492 Regular City Council Meeting December 12, 2002 Page 493 County, Texas, said point being the Southeast corner of Lot 99, Winniewood Addition; Thence North along the East line of said Lot 99 a distance of 149.00 feet to the Northwest corner of this tract, same point being the Northeast corner of said Lot 99, Winniewood Addition; Thence North 89 degrees 57 minutes East a distance of 25.00 feet to the Northeast corner of this tract; Thence South parallel to the East line of said Lot 99 a distance of 149.00 feet; Thence south 89 degrees 57 minutes West a distance of 25.00 feet to the Point of Beginning. The following metes and bounds described property: Beginning at the Southwest corner of this tract which bears South 89 degrees 57 minutes West a distance of 659.82 feet and North a distance of 80.53 feet from the Southeast corner of the Southwest quarter of Section 5, Block E, Lubbock County, Texas; Thence North parallel to the East line of Lot 99, Winniewood Addition a distance of 113.47 feet to the Northwest corner of this tract; Thence North 89 degrees 57 minutes East a distance of 130.00 feet to the Northeast corner of this tract; Thence South parallel to the East line of said Lot 99 a distance of 113.56 feet; Thence South 89 degrees 59 minutes 06 seconds West a distance of 130.00 feet to the Point of Beginning. Winniewood Addition; Lot 100 The following metes and bounds described property: Beginning at the Southeast corner of this tract which bears South 00 degrees 01 minutes 54 seconds East a distance of 192.42 feet and South 89 degrees 57 minutes 29 seconds East a distance of 33.75 feet from the Northwest corner of the Northeast quarter of Section 9, Block E, Lubbock County, Texas; Thence North 02 degrees 08 minutes 05 seconds East a distance of 46.83 feet to a point; Thence North 00 degrees 02 minutes 05 seconds East a distance of 60.62 feet to a point of curvature, said curve having a central angle of 90 degrees 00 minutes 26 seconds, a radius of 30.00 feet, tangent lengths of 30.00 feet and a chord length of 42.43 feet; Thence Northeasterly around said curve to the right an arc distance of 47.13 feet to a point; Thence South 89 degrees 57 minutes 29 seconds East, parallel to the North line of Section 9, Block E, Lubbock County, Texas a distance of 144.99 feet to a point of curvature, said curve having a central angle of 02 degrees 30 minutes 21 seconds, a radius of 875.21 feet, tangent lengths of 19.14 feet and a chord distance of 38.27 feet; Thence Northeasterly around a curve t the left an arc distance of 38.28 feet to a point; Thence North 87 degrees 32 minutes 12 seconds East a distance of 324.02 feet to a point in the present South right of way line of 82" d Street; Thence South 89 degrees 57 minutes 29 seconds East along the present South right of way line of 82°d Street a distance of 578.14 feet to a point; Thence South 00 degrees 01 minutes 54 seconds, parallel to the West line of Section 9, Block E, Lubbock County, Texas, a distance of 152.42 feet to a point; Thence North 89 degrees 57 minutes 29 seconds West, parallel to the North line of Section 9, Block E, Lubbock County, Texas a distance of 1117.00 feet to the Point of Beginning. 493 Regular City Council Meeting December 12, 2002 Page 494 The following metes and bounds described property: Beginning at the Northwest corner of this tract which bears North 89 degrees 57 minutes East a distance of 1150.75 feet and South a distance of 40.00 feet from the Northwest corner of the Northeast quarter of Section 9, Block E, Lubbock County, Texas; Thence South parallel to the West line of Northeast quarter of said Section 9 a distance of 150.00 feet to a point; Thence North 89 degrees 57 minutes East a distance of 1150.75 feet to a point; Thence North 150.00 feet to the Northeast corner of this tract; Thence South 89 degrees 57 minutes West a distance of 1150.75 feet to the Point of Beginning. Rhoades Heights Addition;North part of Lot 8 in Block 3, North part of Lot 7 in Block 3, North part of Lot 6 in Block 3, Lot 5 less South 25 feet in Block 3, North part of Lot 4 in Block 3, North 120 feet of Lot 3 in Block 3, North 120 feet of Lot 2 in Block 3, North 120 feet of Lot 1 in Block 3, North 120 feet of Lot 8 in Block 2, North 120 feet of Lot 7 in Block 2, North 120 feet of Lot 6 in Block 2, North 120 feet of Lot 5 in Block 2, North 120 feet of Lot 4 in Block 2, North 120 feet of the West 73 feet of Lot 3 in Block 2, North 120 feet of Lot 2 and East 2 feet of Lot 3 in Block 2, North 120 feet of Lot 1 in Block 2, North 120 feet of Lot 8 in Block 1, North 120 feet of Lot 7 and North 120 feet of Lot 6 in Block 1, North 120 feet of Lot 5 and North 120 feet of Lot 2 in Block 1, North 120 feet of Lot 3 in Block 1. II. THAT all of the properties to which this partial release is applicable as hereinabove described are located within the corporate limits of the City of Lubbock, Lubbock County, Texas, and this Release is only applicable to the properties hereinabove specifically described and released. All interests and/or liens not specifically herein released are hereby retained by the City of Lubbock. EXECUTED this 12th day of December, 2002. CITY OF LUBBOCK BY: /S/ MARC MCDOUGAL MARC McDOUGAL MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hartel, City Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney/Office Practice This resolution serves to release properties abutting a paving improvement project from an assessment or cloud on a property in an assessment -paving program. The paving improvements are as follows: 82" d Street from Avenue U east to US Highway 87 The properties to be released from assessments on this project are due to prepaid paving placed with the City at the time of platting. Properties with 494 Regular City Council Meeting December 12, 2002 Page 495 no enhancement from the paving are due to either being in a playa lake area or the results of the enhancement study done by the appraiser. The paving assessment was levied under Ordinance # 2000-00025. This resolution will be filed in the Real Property Records of Lubbock County. Staff recommended approval of this resolution. (32.) Resolution No. 2002-RO531 providing for a partial paving release to portions of property abutting Milwaukee Avenue from FM 2255 (4`h Street) to 341h Street. RESOLUTION NO.2002-RO531 PARTIAL PAVING RELEASE THE STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, Resolution No. 2000-R0088 passed by the City Council on March 23, 2000, determined the necessity for making certain street and alley improvements as therein designated, which Resolution was filed as a matter of record in Volume 7692, Page 72 of the Official Real Property Records of Lubbock County, Texas, reference to which record is hereby made for all pertinent purposes; and WHEREAS, the City Council of the City of Lubbock finds and determines that the liens and/or clouds against certain abutting properties created by the filing of such Resolution should be released against such properties as are hereinafter described for the reasons hereinafter stated; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the following described properties in Unit Number 2386-004, Milwaukee Avenue from FM 2255 (4th Street) to 34`h Street are hereby released and quitclaimed because no assessments were made against such properties after a public hearing thereon as a result of the properties being above the high-water of a lake, to wit: The following metes and bounds described property: Beginning at a point lying in the West right of way line of Milwaukee Avenue which is also the Northeast corner of this tract, said point bears West a distance of 56.07 feet and South a distance of 1,026.98 feet from the Northeast corner of Section 10, Block J-S, Lubbock County, Texas; Thence South 00 degrees 00 minutes 25 seconds West along the West right of way line of Milwaukee Avenue a distance of 1,131.35 feet to the Southeast corner of this tract, same point lying in the North line of the alley north of the L. P. and L. West Tie Addition, to the City of Lubbock, Lubbock County, Texas; Thence South 89 degrees 56 minutes 15 seconds West along the North line of said alley a distance of 150.01 feet to the Southwest corner of this tract; Thence North 00 degrees 00 minutes 25 seconds East parallel to the West right of way line of Milwaukee Avenue a distance of 1,131.35 feet to the Northwest corner of this tract, same point lying in the South line of the alley south of 61h Street; Thence East along the South line of the alley south of 61h Street a distance of 150.00 feet to the Northeast corner of this tract and Point of Beginning. L. P. and L. West Tie Addition, Tract A Terra Estates II; Lots 85, 86, 91, 92 and 97 i• Regular City Council Meeting December 12, 2002 Page 496 The following metes and bounds described property: Beginning at a point in the East line of Section 43, Block A-K, Lubbock County, Texas which bears North 02 degrees 20 minutes 14 seconds East a distance of 791.90 feet from the Southeast corner of Section 43, Block A-K, Lubbock County, Texas; Thence North 87 degrees 40 minutes 16 seconds West a distance of 52.45 feet to the Southeast corner and Point of Beginning of this tract, same point lying in the West right of way line of Milwaukee Avenue, same point lying in the North line of Elm Grove Addition to the City of Lubbock, Lubbock County, Texas; Thence North 87 degrees 40 minutes 16 seconds West along the North line of said Elm Grove Addition a distance of 150.00 feet to the Southwest corner of this tract; Thence North 02 degrees 20 minutes 14 seconds East a distance of 1,848.92 feet to the Northwest corner of this tract, same point lying in the South line of 26th Street; Thence South 87 degrees 34 minutes 57 seconds East along the South right of way line of 26th Street a distance of 101.45 feet to a point; Thence South 01 degree 58 minutes 25 seconds East a distance of 5.00 feet to a point of curvature; Thence Southeasterly around a curve to the right, said curve having a radius of 20.00 feet, a central angle of 89 degrees 33 minutes 12 seconds, a chord length of 28.17 feet, tangent lengths of 19.84 feet and an arc length of 31.26 feet, same point lying in the West right of way line of Milwaukee Avenue, same point being the beginning of a point of curvature; Thence Southwesterly around a curve to the right, said curve having a radius of 1555.00 feet, a central angle of 03 degrees 13 minutes 43 seconds, a chord length of 87.60 feet, tangent lengths of 43.82 feet and an arc length of 87.62 feet to a point of tangency, same point lying in the West right of way line of Milwaukee Avenue; Thence South 01 degrees 42 minutes 23 seconds East along the West right of way line of Milwaukee Avenue a distance of 298.95 feet to a point of curvature; Thence Southeasterly around a curve to the right, said curve having a radius of 1445.00 feet, a central angle of 04 degrees 02 minutes 37 seconds, a chord length of 101.96 feet, tangent lengths of 51.01 feet and an arc length of 101.98 feet to a point of tangency, same point lying in the West right of way line of Milwaukee Avenue; Thence South 02 degrees 20 minutes 14 seconds West along the West right of way line of Milwaukee Avenue a distance of 1336.71 feet to the Point of Beginning. Elm Grove Addition; Tract A The following metes and bounds described property: Beginning at a point in the East line of Section 43, Block A-K, Lubbock County, Texas which bears North 02 degrees 20 minutes 13 seconds East a distance of 552.00 feet from the Southeast corner of said Section 43, Block A-K, Lubbock County, Texas; Thence South 89 degrees 58 minutes West along the South line of Elm Grove Addition to the City of Lubbock, Lubbock County, Texas a distance of 200.00 feet to the Northwest and Beginning Point of this tract; Thence South 02 degrees 20 minutes 13 seconds West parallel to the East line of said Section 43 a distance of 510.11 feet to a point in the North line of 34th Street; Thence South 86 degrees 12 minutes 52 seconds East along the North line of 34th Regular City Council Meeting December 12, 2002 Page 497 Street a distance of 168.70 feet to a point of curvature; Thence Northeasterly around a curve to the left, said curve having a radius of 30.00 feet, a central angle of 93 degrees 06 minutes 30 seconds, a chord length of 43.56 feet, tangent lengths of 31.63 feet and an arc length of 48.75 feet to a point of tangency, same point being in the East line of said Section 43; Thence North 02 degrees 20 minutes 13 seconds East along the East line of said Section 43 a distance of 43.22 feet to a point; Thence North 03 degrees 22 minutes 11 seconds West along the existing West right of way line of Milwaukee Avenue a distance of 180.47 feet to a point of intersection; Thence North 00 degrees 30 minutes 26 seconds West along the existing West right of way line of Milwaukee Avenue a distance of 200.25 feet to a point of intersection; Thence North 05 degrees 44 minutes 24 seconds West along the existing West right of way line of Milwaukee Avenue a distance of 67.36 feet to a point in the South line of said Elm Grove Addition; Thence South 89 degrees 58 minutes West along the South line of said Elm Grove Addition a distance of 165.42 feet to the Point of Beginning. The following metes and bounds described property: Beginning at the Southeast corner of this tract which bears South 02 degrees 20 minutes 54 seconds West a distance of 1,079.07 feet and South 87 degrees 36 minutes 53 seconds East a distance of 200.00 feet from the Northwest corner of Section 9, Block J-S, Lubbock County, Texas, same point lying in the 20 feet alley north of 81h Street; Thence North 87 degrees 36 minutes 53 seconds West along the North line of the alley north of 8th Street a distance of 146.11 feet to the Southwest corner of this tract, same point lying in the East right of way line of Milwaukee Avenue; Thence North 02 degrees 21 minutes 23 seconds East along the East right of way line of Milwaukee Avenue a distance of 314.07 feet to the Northwest corner of this tract; Thence South 87 degrees 36 minutes 53 seconds East a distance of 146.11 feet to the Northeast corner of this tract; Thence South 02 degrees 20 minutes 54 seconds West a distance of 314.07 feet to the Point of Beginning. The following metes and bounds described property: Beginning at the Northwest corner of this tract which bears East a distance of 55.00 feet and South a distance of 32.00 feet from the Northwest corner of the Southwest quarter of Section 9, Block J-S, Lubbock County, Texas; Thence East along the South line of 1 lth Place a distance of 193.57 feet to a point of curvature; Thence Southeasterly along a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90 degrees 00 minutes 00 seconds, a chord distance of 21.21 feet, tangent lengths of 15.00 feet and an are length of 23.56 feet to a point of tangency, same point lying in the West right of way line of Liberty Avenue; Thence South along the West right of way line of Liberty Avenue a distance of 177.26 feet to a point of intersection; 497 Regular City Council Meeting December 12, 2002 Page 498 Thence South 45 degrees 00 minutes 00 seconds West along the West right of way line of Liberty Avenue a distance of 14.14 feet to a point of intersection with the North line of the alley North of 13`h Street; Thence West along the North line of the alley north of 131h Street a distance of 188.57 feet to a point of intersection; Thence North 45 degrees 00 minutes 35 seconds West along the north line of the alley north of 131h Street a distance of 14.14 feet to a point in the East right of way line of Milwaukee Avenue; Thence North along the East right of way line of Milwaukee Avenue a distance of 192.26 feet to the Point of Beginning. Revier Farm; Lots 624, 623 and 516 West End Place; Lot 6 in Block 10, north half of Lot 7 in Block 10, west 70' of south half of Lot 7 in Block 10, Lot 6 in Block 11, Lot 7 in Block 11, west half of Lot 6 in Block 18, Lots 7 and 8 in Block 18, Lot 6 in Block 19, Lot 7 in Block 19 West Side; Lots 19, 20, 58, 59, west 10' of 96 and east part of 97, west 20' of 99 and east part of 98, east part of 136 II. THAT the followl described properties in Unit Number 2386-004, Milwaukee Avenue from FM 2255 (4 Street) to 34 Street, are hereby released and quitclaimed because no assessments were made against such properties after the public hearing thereon as a result of the cost of improvements having been prepaid, to wit: Westchester Park; Lots 448 and 449 Ridgewood II; Lots 85-A, 84, 71, 70, 57, 56, 43, 42, 29, 28, 15, 14 and 1 Westchester Park; Lots 169, 168, 36, 35, 34 and 1 Frenship Independent School District Addition; Tract A Revier Farm; Lots 587 and 586 Milwaukee Place; Tracts A-1, A-5 and A-6 Ridge Wood; Lots 1, 46, 47, 90, 91, 134, 135, 136 and 137 THAT the followl described properties in Unit Number 2386-004, Milwaukee Avenue from FM 2255 (4t Street) to 34` Street, are hereby released and quitclaimed because no assessments were made against such properties after the public hearing thereon as a result of the properties being below the high-water of a lake, to -wit: The following metes and bounds described property: Beginning at the Southeast corner of this tract which bears North 87 degrees 37 minutes 36 seconds West a distance of 63.61 feet and North 02 degrees 21 minutes 22 seconds East a distance of 1,076.10 feet from the Southeast corner of Section 10, Block J-S, Lubbock County, Texas; Thence North 87 degrees 37 minutes 36 seconds West a distance of 150.00 feet to a point; Thence North 00 degrees 47 minutes 57 seconds East a distance of 552.09 feet to a Regular City Council Meeting December 12, 2002 Page 499 point in the South right of way line of 15`h Drive, same point being a point of curvature; Thence Southeasterly along a curve to the left, said curve having a radius of 50.00 feet, a central angle of 134 degrees 28 minutes 23 seconds, a chord length of 92.21 feet, tangent lengths of 119.16 feet and an arc length of 117.35 feet to a point of tangency, same point being the most Southerly Southwest corner of Lot 97, Terra Estates II, an Addition to the City of Lubbock, Lubbock County, Texas; Thence South 87 degrees 37 minutes 12 seconds East along the South line of said Lot 97 a distance of 80.08 feet to a point, same point being the Northeast corner of this tract and lies in the West right of way line of Milwaukee Avenue; Thence South 02 degrees 26 minutes 11 seconds West, along the West right of way line of Milwaukee Avenue a distance of 409.08 feet to a point of intersection; Thence South 04 degrees 51 minutes 45 seconds West, along the West right of way line of Milwaukee Avenue a distance of 160.95 feet to the Point of Beginning. The following metes and bounds described property: Beginning at the Northeast corner of this tract which bears North 87 degrees 37 minutes 36 seconds West a distance of 63.61 feet and North 02 degrees 21 minutes 22 seconds East a distance of 1,076.10 feet from the Southeast corner of Section 10, Block J-S, Lubbock County, Texas; Thence South 04 degrees 51 minutes 45 seconds West along the West right of way line of Milwaukee Avenue a distance of 104.97 feet to a point of intersection; Thence South 04 degrees 46 minutes 48 seconds West along the West right of way line of Milwaukee Avenue a distance of 278.77 feet to a point of intersection; Thence South 02 degrees 30 minutes 26 seconds West along the West right of way line of Milwaukee Avenue a distance of 197.27 feet to a point of intersection; Thence South 05 degrees 13 minutes 03 seconds West along the West right of way line of Milwaukee Avenue a distance of 87.98 feet to a point, same point being the Southeast corner of this tract; Thence North 26 degrees 58 minutes 20 seconds West a distance of 299.27 feet to the Southwest corner of this tract; Thence North 04 degrees 51 minutes 45 seconds East a distance of 408.05 feet to the Northwest corner of this tract; Thence South 87 degrees 37 minutes 36 seconds East a distance of 150.00 feet to the Point of Beginning. The following metes and bounds described property: Beginning at a point which bears North 87 degrees 38 minutes 38 seconds West a distance of 50.48 feet and North 02 degrees 21 minutes 22 seconds East a distance of 346.32 feet from the Southeast corner of Section 10, Block J-S, Lubbock County, Texas; Thence North 55 degrees 50 minutes 30 seconds West a distance of 42.78 feet to the Southeast corner of this tract and Point of Beginning; Thence North 55 degrees 50 minutes 30 seconds West a distance of 171.40 feet to the Southwest corner of this tract; Thence North 05 degrees 13 minutes 03 seconds East a distance of 194.12 feet to the Northwest corner of this tract; ... Regular City Council Meeting December 12, 2002 Page 500 Thence South 26 degrees 58 minutes 20 seconds East a distance of 281.57 feet to the Northeast corner of this tract, same point lying in the West right of way line of Milwaukee Avenue; Thence South 05 degrees 13 minutes 03 seconds West along the West right of way line of Milwaukee Avenue a distance of 38.77 feet to the Point of Beginning of this tract. The following metes and bounds described property: Beginning at a point which bears North 87 degrees 38 minutes 38 seconds West a distance of 50.48 feet and North 02 degrees 21 minutes 22 seconds East a distance of 346.32 feet from the Southeast corner of Section 10, Block J-S, Lubbock County, Texas; Thence North 55 degrees 50 minutes 30 seconds West a distance of 42.78 feet to the Northeast corner and Point of Beginning of this tract, same point lying in the West right of way line of Milwaukee Avenue; Thence South 05 degrees 13 minutes 03 seconds West along the West right of way line of Milwaukee Avenue a distance of 22.53 feet to the Southeast corner of this tract; Thence North 87 degrees 34 minutes 53 seconds West along the south line of this tract a distance of 152.55 feet to the Southwest corner of this tract; Thence North 05 degrees 13 minutes 03 seconds East a distance of 112.70 feet to the Northwest corner of this tract; Thence South 55 degrees 50 minutes 30 seconds East along the north line of this tract a distance of 171.40 feet to the Northeast corner of this tract and the Point of Beginning. The following metes and bounds described property: Beginning at a point which bears North 87 degrees 38 minutes 38 seconds West a distance of 50.48 feet and North 02 degrees 21 minutes 22 seconds East a distance of 346.32 feet from the Southeast corner of Section 10, Block JS, Lubbock County, Texas; Thence North 87 degrees 34 minutes 53 seconds West a distance of 37.48 feet to the Northeast corner and Point of Beginning of this tract, same point lying in the West right of way of Milwaukee Avenue; Thence South 05 degrees 13 minutes 03 seconds West along the West right of way line of Milwaukee Avenue a distance of 42.13 feet to the Southeast corner of this tract; Thence North 87 degrees 32 minutes 08 seconds West parallel to the North line of State Highway 114 (19th Street) a distance of 150.00 feet to the Southwest corner of this tract; Thence North 02 degrees 21 minutes 23 seconds East parallel to the West right of way line of Milwaukee Avenue a distance of 42.13 feet to the Northwest corner of this tract; Thence South 87 degrees 34 minutes 53 seconds East a distance of 152.11 feet to the Point of Beginning. The following metes and bounds described property: Beginning at the Southeast corner of this tract which bears South 00 degrees 02 minutes East a distance of 341.16 feet and North 89 degrees 59 minutes West a distance of 80.00 feet from the Northeast corner of Section 43, Block A-K, Lubbock County, Texas; 500 Regular City Council Meeting December 12, 2002 Page 501 Thence South 89 degrees 58 minutes West a distance of 150.00 feet to a point; Thence North 00 degrees 02 minutes West parallel to the West right of way line of Milwaukee Avenue a distance of 256.16 feet to a point in the South right of way line of State Highway 114 (19th Street); Thence South 89 degrees 59 minutes East along the South right of way line of State Highway 114 (191h Street) a distance of 125.02 feet to a point of curvature; Thence Southeasterly around a curve to the right, said curve having a radius of 25.00 feet, a central angle of 89 degrees 57 minutes, a chord distance of 35.34 feet, tangent lengths of 24.98 feet and an arc length of 39.25 feet to a point of tangency; Thence South 00 degrees 02 minutes East along the West right of way line of Milwaukee Avenue a distance of 231.18 feet to the Point of Beginning. The following metes and bounds described property: Beginning at the Northeast corner of this tract which bears South 00 degrees 01 minutes 00 seconds East a distance of 1,012.26 feet and East a distance of205.00 feet from the Northwest corner of the Southwest quarter of Section 9, Block J-S, Lubbock County, Texas, same point lying in the South right of way line of 15th Street; Thence South 00 degrees 01 minute 10 seconds East parallel to the East right of way line of Milwaukee Avenue a distance of 1,082.74 feet to the Southeast corner of this tract; Thence North 89 degrees 57 minutes 32 Seconds West parallel to the North line of Highway 114 (19th Street) a distance of 150.00 feet to a point in the East right of way line of Milwaukee Avenue, same point being the Southwest corner of this tract; Thence North 00 degrees 01 minute 10 seconds West along the East right of way line of Milwaukee Avenue a distance of 1,067.74 feet to a point of curvature; Thence Northeasterly along a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90 degrees 01 minutes 10 seconds, a chord distance of 21.22 feet, tangent lengths of 15.01 feet and an arc length of 23.57 feet to a point of tangency, same point lying in the South right of way line of 151h Street; Thence East along the South right of way line of 151h Street a distance of 134.99 feet to the Point of Beginning. IV. THAT the followindescribed pro�erty in Unit Number 2386-004, Milwaukee Avenue from FM 2255 (4t Street) to 34t Street, is hereby released and quitclaimed because no assessment was made against such property after a public hearing thereon as a result of the appraisal showing no enhancement, to wit: Westlake; Lot 1 V. THAT all of the properties to which this partial release is applicable as hereinabove described are located within the corporate limits of the City of Lubbock, Lubbock County, Texas, and this Release is only applicable to the properties hereinabove specifically described and released. All interests and/or liens not specifically herein released are hereby retained by the City of Lubbock. 501 Regular City Council Meeting December 12, 2002 Page 502 EXECUTED this 12th day of December, 2002. CITY OF LUBBOCK BY: /S/ MARC MCDOUGAL MARC McDOUGAL ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney/Office Practice This resolution serves to release properties abutting a paving improvement project from an assessment or cloud on a property in an assessment -paving program. The paving improvements are as follows: Milwaukee Avenue from FM 2255 (4th Street) to 34th Street The properties to be released from assessments on this project are due to prepaid paving placed with the City at the time of platting. Properties with no enhancement from the paving are due to either being in a playa lake area or the results of the enhancement study done by the appraiser. The paving assessment was levied under Ordinance # 2002-00068. This resolution will be filed in the Real Property Records of Lubbock County. Staff recommended approval of this resolution. (33.) Resolution No. 2002-RO532 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an affiliation agreement and any associated documents between the City of Lubbock and the Texas Tech University Health Sciences Center to permit cooperation with regard to Molecular Pathology education between the TTUHSC School of Allied Health and the City of Lubbock Health Department. RESOLUTION NO.2002-RO532 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Affiliation Agreement and any associated documents between the City of Lubbock and the Texas Tech University Health Sciences Center to permit cooperation with regard to Molecular Pathology education between the TTUHSC School of Allied Health and the City of Lubbock Health Department, a copy of which Affiliation 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. 502 Regular City Council Meeting December 12, 2002 Page 503 Passed by the City Council this 12th day of December, 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 Affiliation Agreement is filed with Resolution No. 2002-R0532. This affiliation agreement between TTUHSC and the City of Lubbock promotes cooperation between these parties and advances Molecular Pathology education for trained health professionals. The Lubbock Health Department will allow use of the facilities for the education and training of Allied Health students enrolled in the Molecular Pathology Program. This will include, but not necessarily be limited to, infectious disease training, including sexually transmitted diseases, diagnosis of agents potentially used for bioterrorism, and other technological procedures that are applicable such as polymerase chair reaction (PCR), DNA amplification (GenProbes), and immunofluorescence. TTUHSC will maintain the authority and responsibility for allied health education programs for its students conducted within the Health Department. TTUHSC will also maintain professional liability insurance for the students and provide faculty participation on committees and task forces if requested by the City. This arrangement enhances the Core Missions of Public Health —those of Surveillance, Prevention, Health Education, and Laboratory support. Staff recommended approval of this resolution. (34.) Resolution No. 2002-RO533 authorizing acceptance of water and sanitary sewer improvements for Tract A-1, Bell Dairy Addition to the City of Lubbock, Lubbock County, Texas at 2nd Street and University Avenue. RESOLUTION NO.2005-RO533 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR TRACT A-1, BELL DAIRY ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract A-1, Bell Dairy Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $22,861.09 with the improvements constructed by Utility contractors of America having a value of $22,357.25 as determined by the unit prices established by said Chapter 28, and $503.84 cash paid to the City, which amount includes $39,196.24 cash for adjacent lines, with DEAN FOODS, INC., the developer, to receive a refund of $0.00 in 503 Regular City Council Meeting December 12, 2002 Page 504 accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 12th day of December, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Public Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $22,861.09 and has a value of $22,357.25 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $503.84, which includes $0.00 for adjacent mains. The developer, Dean Foods, Inc., will not receive a refund in accordance with Chapter 28. There is no refund of deposit. The subdivision is located between Avenue X and University Avenue and from 2nd Place to 1st Street. Staff recommended approval of this resolution. (35.) Resolution No. 2002-RO534 authorizing the Mayor to execute a contract for an additional three years of grant funding for Growing Recruits for Urban Business (GRUB) Program from the Criminal Justice Division Title V Delinquency Prevention funds. RESOLUTION NO. 2002-RO534 WHEREAS, the City Council of the City of Lubbock finds it in the best interest of the citizens of the City of Lubbock, that the Lubbock Urban Gardens be operated for the 2004 year; and 504 Regular City Council Meeting December 12, 2002 Page 505 WHEREAS, the City Council of the City of Lubbock has considered the proposed application for State and Federal Assistance for said project, in the amount of $125,779.00 to be submitted to the Justice Planning (421) Fund Program; and WHEREAS, the City Council of the City of Lubbock has agreed that in the event of loss or misuse of the funds, the City Council assures that the funds will be returned to the Criminal Justice Division in full. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Lubbock approves submission of the grant application for the Lubbock Urban Gardens to the Office of the Governor, Criminal Justice Division, in the amount of $125,779.00. Passed by the City Council this 12th day of December, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Everette Hooper Everette "Scoop" Hooper Youth Services Coordinator APPROVED AS TO FORM: /s/ John Knight John Knight Assistant City Attorney The City of Lubbock Youth Services Department joined with the South Plains Food Bank, Lubbock County Juvenile Justice Center, and other non-profit organizations to develop a gardening and produce marketing program for at -risk youths. The partnership has received two years' funding for the program at approximately $80,000 per year, and the program has served eighty youths. Fifteen percent of the City of Lubbock's Youth Coordinator's time has been donated each year for counseling as in -kind match, along with $50,000 per year in a Community Food Security grant from USDA. The young people in the program marketed their produce by selling 47 shares for $175 a share, raising more than $8,000. Youth groups from Lubbock and across Texas have worked in the GRUB gardens, helping mentor the local youths in the program. Of those who have gone through the program, none have reappeared in the criminal justice system. Staff recommended approval of this resolution. (36.) Resolution No. 2002-RO535 adopting the following items to be added to the previously approved legislative priorities for the 78`h State Legislative Session and the 108'h United States Congress: (1) Support for funding the Transportation Mobility Fund; (2) Opposition to the creation of a State Income Tax. 505 Regular City Council Meeting December 12, 2002 Page 506 RESOLUTION NO.2002-RO535 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City County of the City of Lubbock hereby adopts the following items to be added to the previously approved legislative priorities for the 78`h State Legislative Session and the 1081h United States Congress defining the position of the City of Lubbock. Said additional Legislative priorities 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 21 st day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tony Privett Tony Privett Director of Communications and Legislation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney A copy of the Legislative priorities is filed with Resolution No. 2002-R0535. The State Legislative package will be revisited as Council brings items for consideration throughout the 2003 Texas Legislative session. Two funding issues that are likely to receive consideration in the coming session are transportation funding and a state income tax. The City is a member of the TEX-21 statewide transportation group, which supports the Legislature's funding of the Statewide Mobility Fund. Mayor McDougal asked that the Council consider supporting TEX-21's efforts. Council Member Gary Boren asked that the Council consider opposing the creation of a state income tax. Staff recommended approval of this resolution. (37.) Resolution No. 2002-R0536/RFP#228-02/RW—for Wide Format Printer/ Copier/Scanner (Planning Department). RESOLUTION NO.2002-RO536 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 wide format printer/copier/scanner, by and between the City of Lubbock and Metro -Repro, Inc. of Dallas, 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. 506 Regular City Council Meeting December 12, 2002 Page 507 Passed by the City Council this 12th day of December, 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/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Contract is filed with Resolution No. 2002-R0536. In October 2002, the Purchasing Department solicited proposals through a High -Tech Request for Proposals (RFP) for a wide format/printer/copier/scanner system. Seven vendors came to the pre -bid conference, and five submitted proposals. Proposals were solicited for a wide format printer/copier/scanner solution for the Engineering Department's map vault to replace the blue line machine. The system will be used by various departments to copy maps, plans, and photographs and to scan plans, maps and documents for archival storage. The equipment will also be used to create job and field sets of documents and maps. Using departments will include Streets/Drainage Engineering, Planning, Building Inspection, Stormwater, Water Utilities, Traffic Engineering, and others. The RFP specified the departments' need to scan -to -scan a wide variety of size and formats, including items mounted on foam or boards in both black -and -white and color. It also specified the need to make copies of large items such as maps and aerial photographs. Included were requirements for accounting software to manage departmental charges and a one-year warranty. A committee consisting of Marshall Baldwin, GIS Specialist for Streets/Drainage Engineering; Sally Abbe, GIS Specialist for Planning; Wade Shoop, Planner; and Mark Yearwood, Assistant Manager of Information Technology evaluated the proposals. The analysis was based on these criteria: Functional 40%, Cost 25%, Vendor Experience 25%, and References 10%. The proposals were ranked as follows: Vendor Functional Cost Experience References Aggregate Archive Supplies, Inc. of Dallas, TX 34.50 22.8125 18.750 4.625 80.6875 CAD Affiliates of 20.70 19.0625 13.125 5.750 58.6375 Stafford, TX J.J. Equipment Repair 26.25 20.3125 18.750 9.750 75.0625 of Lubbock, TX Metropolitan 38.90 23.7500 24.375 9.750 96.775 Reprographics of Dallas, TX Xerox Engineering 38.40 21.2500 18.625 6.875 85.150 Systems of Dallas, TX 507 Regular City Council Meeting December 12, 2002 Page 508 Three vendors recommended various versions of the Xerox Synergix Document system, and the committee felt that the Xerox system with the color scanning option best meets the functional needs of the RFP. Vendor Scanner/ Hard Drive Machine V Year Total Printer Cost Maintenance Cost Metropolitan Xerox 8825 20 GB $26,460.34 $0.00 $26,460.34 Reprographics Synergix System Xerox Xerox 8825 20 GB $26,883.50 $1,800.00 $28,683.50 Engineering Synergix Systems System Archive Xerox 8825 9.1 GB $25,191.00 $3,300.00 $28,491.00 Supplies Synergix System Metropolitan Reprographics offered the lowest initial purchase price for the newer, faster, large capacity version of the Xerox 8825 system. In addition, they are the only vendor that offered a one-year warranty rather than a 90-day warranty, which will result in no maintenance costs for the first year of operation compared to other vendors. This makes the first year cost of the machine more than $2,000 less than the other vendors' proposals. In addition to the low costs for purchase and maintenance, Metropolitan Reprographics has several Lubbock clients who rated the company very high for service and responsiveness and who were enthusiastic about the equipment. The service representative for Metropolitan Reprographics is based in Abilene, Texas and all local clients stated that they receive same day or next day service and excellent phone support. In addition, Metropolitan Reprographics is working with Market Lubbock Inc. to open a Lubbock warehouse and office within the next six to eight months. Based on these criteria, the committee recommended awarding this contract to Metropolitan Reprographics of Dallas, Texas. The $26,460.34 contract amount is within the Computers City Wide 01-02 Project budget. (38.) Resolution No. 2002-R0537/ BID #233-02/RS—for Construction of Security Measures at Various City Facilities and City Secretary Office Renovations (Facilities Management). RESOLUTION NO.2002-RO537 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 construction of security measures at various city facilities and City Secretary Office renovations, by and between the City of Lubbock and Wardroup and Associates, 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. Passed by the City Council this 12th day of December, 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 Regular City Council Meeting December 12, 2002 Page 509 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of December, 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 Wardroup & Associates, 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 #233-02/RS - CONSTRUCTION OF SECURITY MEASURES AT VARIOUS CITY FACILITIES & CITY SECRETARY OFFICE RENOVATIONS - $$293,824.00 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. CITY OF LUBBOCK, TEXAS (OWNER) Wardroup & Associates, Inc. By: Marc McDougal Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Owner's Representative APPROVED AS TO FORM: /s/ John M. Knight City Attorney By: /s/ Dennis W. Wardroup PRINTED NAME: Dennis W. Wardroup TITLE: President COMPLETE ADDRESS: Wardroup & Associates, Inc. 4408 Brownfield Drive Lubbock, TX 79410 ATTEST: Corporate Secretary 509 Regular City Council Meeting December 12, 2002 Page 510 This project incorporates various security components at selected City facilities. The facilities determined to require security measures were based on the nature of the facility. This included high public access, health issues, and chemicals stored/used on site. Modifications made at the various facilities will include the following: relocate entrance to the City Secretary office and provide a new service counter; provide electrical conduit for cameras, motion detectors, and/or chemical sensors; provide proximity card readers at select doors; install bullet resistant film; provide bollards; provide gated or secured entrances; and provide an infrared detection system for perimeter security. The low bid is $293,824 from Wardroup & Associates of Lubbock, Texas and is within the Building Capital Outlay -Municipal Facility Security budget. (39.) Resolution No. 2002-R0538/BID #247-02/BM—for Traffic Signal Upgrade Materials (Traffic Engineering). RESOLUTION NO.2002-RO538 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for traffic signal upgrade materials, by and between the City of Lubbock and Paradigm Traffic Systems, Inc. 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. Passed by the City Council this 12th day of December, 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/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R538. This bid is for the purchase of various traffic signal materials including brackets, tubes, louvers, and pedestrian push buttons. The material will be used to upgrade traffic signals and will be used for new installations within the City of Lubbock. The committee reviewed each bid for compliance with meeting the requirements of PELCO quality product and cost. Three of the four bids received meet the requirements: Paradigm Traffic Systems, ACM Highway Products, and Hi -Tech Signals. The fourth bid from Traffic Parts, Inc. did not meet the PELCO quality criteria. Traffic Engineering purchased a like product last year to see if the product would meet standards as to weather conditions (wind, etc). They have determined that PELCO products are better suited for the projects due to the higher quality of material used to produce their product. PELCO's setscrews will hold and not slip. Setscrews in the other products allow the signal head to turn, requiring a service call by our technician. PELCO's 510 Regular City Council Meeting December 12, 2002 Page 511 products are made from high strength aluminum alloy, not casting. Traffic Engineering determined that for the safety of our customers, they need to use the very best product possible. The low bid meeting all requirements is $40,998.10 from Paradigm Traffic Systems, Inc. of Fort Worth, Texas and is within the Traffic Engineering Capital Projects budget. Additionally, Paradigm offered a three percent discount if awarded all items one through ten. This discount equates to $1,229.92, bringing the total bid from Paradigm Traffic Systems to $39,768.18. The bid amount is within budget for various capital projects. (40.) Resolution No. 2002-110539/13II) #248-02/BM—for Nine -Inch Street Markers (Traffic Engineering). RESOLUTION NO.2002-RO539 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 nine - inch street markers, by and between the City of Lubbock and Osburn Associates, Inc. of Logan, Ohio 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 12th day of December, 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/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R539. This bid is for the purchase of sign blanks and mounting brackets used to comply with the Federally mandated street name marker upgrade requirement from 6-inch to 9-inch street name markers. As part of a ten- year project, Traffic Operations personnel will place these nine -inch markers throughout the City of Lubbock. Twelve bids were received and reviewed for compliance with specifications. Two bidders, ROCAL, Inc. of Frankfort, Ohio and Newman Signs, Inc. of Jamestown, North Dakota withdrew their bids when it was determined they did not meet specification on the sign blanks. Of the remaining ten bidders staff recommended bid award to the following companies: Osburn Associates, Inc. of Logan, Ohio $38,520 Hall Signs Inc. of Bloomington, Indiana $10,870 Traffic Engineering Department has previously done business with both of these companies and their products amply meet all specifications. 511 Regular City Council Meeting December 12, 2002 Page 512 Low bids total $49,390 and are within the Traffic Engineering Nine -Inch Street Name Marker Capital Projects budget. (41.) Resolution No. 2002-R0540/BID #249-02BM—for Effluent Pumping Station #2, Pump Upgrade (Public Works). RESOLUTION NO.2002-RO540 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 Effluent Pumping Station #2 pump upgrade, by and between the City of Lubbock and Acosta Drilling Company of Lamesa, 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 12th day of December, 2002. ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of December, 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 ACOSTA DRILLING COMPANY, of the City of Lamesa, County of Dawson, 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 #249-02/BM - EFFLUENT PUMPING STATION #2 PUMP UPGRADE - $$36,888.00 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. 512 Regular City Council Meeting December 12, 2002 Page 513 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) ACOSTA DRILLING COMPANY By: Marc McDougal Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Owner's Representative APPROVED AS TO FORM: /s/ John M. Knight City Attorney By: /s/ Dennis W. Wardroup PRINTED NAME: Dennis W. Wardroup TITLE: Partner COMPLETE ADDRESS: ACOSTA DRILLING COMPANY P. O. Box 1221 Lubbock, TX 79464-4895 ATTEST: Corporate Secretary This bid is for the emergency purchase and installation of a vertical turbine pump, motor, and drive for the expansion of the non -potable water distribution system located at the City of Lubbock Southeast Water Reclamation Plant. The addition of this pump, motor, and drive will help upgrade the distribution of non -potable water for use throughout the plant. The pump and motor will be installed by the contractor at the Southeast Water Reclamation Plant Effluent Pumping Station #2. This upgrade will reduce the land application of effluent water by allowing for stream discharge. The distribution of non -potable water is necessary for operations of the plant. This upgrade pump will allow the plant to use non - potable water from Effluent Pumping Station #2. The low bid is $36,888 from Acosta Drilling Company of Lamesa, Texas and is within the Southeast Water Reclamation Plant 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. The next item considered was Item 45. ORDINANCES FOR PASSAGE Second Reading (42•) ORDINANCE #2002-00111—Assessments for paving improvements on the 2001 Assessment Paving Program (second of three readings). This item was deleted. 513 Regular City Council Meeting December 12, 2002 Page 514 (43.) ORDINANCE #2002-00133—ZONE CASE NO. 2445-A (4216 50tn Street): Request of The DOOR for a zoning change from C-2A Specific Use to C-2A Specific Use for a 120-foot communications tower on a 12 foot by 12 foot portion out of Lot 1, Commercial Addition (second and final reading). This item was considered following Item 46. ORDINANCE NO. 2002-00133 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2445-A; A ZONING CHANGE FROM C-2A SPECIFIC USE TO C-2A SPECIFIC USE FOR A 120-FOOT COMMUNICATIONS TOWER, ZONING ON A 12 FOOT BY 12 FOOT PORTION OUT OF LOT 1, COMMERCIAL ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Randy Henson, Senior Planner, explained that the proponent had been informed that a self-supporting pole would be the correct way to go. Motion was made by Council Member Martin, seconded by Council Member Boren to deny second and final reading Ordinance No. 2002-00133. Motion failed: 2 Yeas, 5 Nays. Mayor McDougal and Council Members Hernandez, Cooke, Morrison and Patterson voted Nay. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass on second and final reading Ordinance No. 2002-00133 as recommended by staff. Motion passed: 5 Yeas, 2 Nays. Council Members Boren and Martin voted Nay (44.) ORDINANCE #2002-00134—ZONE C SE. of 58-F (ouch of and Street and west of Elgin Avenue)Request Associates for U-Stor of America ange from C-3 to C-4 houses on a 4 9 acret act of land out of -- Specific Use for mini -war Tract E, Boardwalk Addition (second and final reading). ORDINANCE NO. 2001-00134 AN ORDINANCE AMENDING ZONING ORDINANCE MAKING THE FOLLOWING OFFICIAL MAP OF THE CITY OF LUBBOCKLFROM C-3 CHANGES: ZONE CASE NO. 2658-F; A ZONING TRACT LANDOF SPECIFIC USE FOR MINI -WAREHOUSES, ZONING ON A 4.9--ACRE LAND OUT OF TRACT E, BOARDWALK PNDDTYOP 'OVIDING A,SAVINGS SUBJECT TO CONDITIONS; PROVIDING AE CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Morrison, reading Ordinance uNo. ncil Member Patterson to pass on second 2002-00134 as recommended by sttaf- Motion carried: 4 . Yeas, 3 Nays. Council Members Boren, Hernandez and Martin voted Nay The next item considered was Item 47. ADMINISTRATIVE SERVICES Purchasing (45.) Resolution No. 2002-R0541/BID #183-02/BM—Consider one resolution for SWAT Weapons and Equipment Replacement and reject all bids (Police Department). RESOLUTION N0.2002-R0541 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lboc& equipment beplacement perk does herey reject all s on ITB behalf of the City of Lubbock, for SWATweapons #183-02/BM. Said bids are attached hereto and incorporated in of the Crty this lsolution as if fully set forth herein and shall be included in the minutes 514 Regular City Council Meeting December 12, 2002 Page 515 Passed by the City Council this 12th day of December, 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/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Bids is filed with Resolution No. 2002-R0541. This item was considered following Item 41. This bid is for the purchase of SWAT weapons and equipment with the stipulation that the successful bidder also accepts specified Police Department weapons as trade-ins. Total bid prices could not be compared because not all bidders submitted bids on each item. Furthermore, not all bidders made offers on trade-in weapons. Six bids were received. Of those six bids, two would not accept trade-ins, which disqualified them. One bidder accepted trade-ins but only bid on three of the items the Department desired to purchase. Of the three remaining bidders, only one accepted all trade-ins and bid on all the items the Department sought to purchase. Prior to the bid process, the Police Department requested test and evaluation models from three manufacturers for the sniper rifle. It was not until after the bids were opened that the Police Department received two of the requested rifles. The department still has not heard from the third manufacturer. It has been determined that one of the sniper rifles tested is preferred. Additionally, all of the trade-in offers were much lower than anticipated and it is believed that it has to do with the fact that the Police Department could not produce the required ATF documentation. The Police Department has since contacted ATF and will have all the required documentation in hand before the staff re -bids these items. The Police Department recommended that Council reject all bids and instructs staff to re -bid the items. Victor Kilman, Purchasing Manager, gave staff comments. Motion was made by Council Member Hernandez, seconded by Council Member Martin to deny Resolution 2002-R0541 and reject all bids. Motion carried: 6 Yeas, 0 Nays. Council Member Patterson arrived. (46.) Resolution No. 2002-R0542/ BID #256-02/BM—for Twenty -Inch Water Main Re -Route for Freeway Project (Water Utilities Engineering). 515 Regular City Council Meeting December 12, 2002 Page 516 RESOLUTION NO.2002-RO542 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 twenty - inch water main re-route for freeway project, by and between the City of Lubbock and J & D Pipeline & Construction, Inc. of Midland, 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 12th day of December, 2002. ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of December, 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 J & D PIPELINE & CONSTRUCTION INC., of the City of Midland, County of Midland, 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 #256/02/BM - TWENTY -INCH WATER MAIN RE-ROUTE FOR FREEWAY PROJECT - $255,469.44 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. 516 Regular City Council Meeting December 12, 2002 Page 517 CITY OF LUBBOCK, TEXAS (OWNER) By: Marc McDougal Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: J & D PIPELINE & CONSTRUCTION INC. By: /s/ Lisa Beauchamp PRINTED NAME: Lisa Beauchamp TITLE: Vice President/Secretary COMPLETE ADDRESS: J & D PIPELINE & CONSTRUCTION INC. P. O. Box 1221 Lubbock, TX 79464-4895 /s/ Harlan D. Stauffer ATTEST: Owner's Representative Lisa Beauchamp/Johnny Suarez, President APPROVED AS TO FORM: Corporate Secretary /s/ John M. Knight City Attorney This bid is for the utility relocation process in advance of the Marsha Sharp Freeway project. This project involves the relocation of a large diameter water main at West Loop 289 and Frankford Avenue. Four bids were received and evaluated. Staff recommended that City Council reject the bid from the low bidder and award a contract to the second low bidder, J&D Pipeline and Construction. Staff believes that the low bidder, D&D Cable Services, Ltd., does not have adequate experience for this type of project. The Water Utilities Engineering Department contacted references provided by D&D Cable Services. Information provided by the references indicates that D&D Cable Services has never completed a water line project. D&D Cable Services is under contract with the City of Copperas for an 8-mile 30" ductile -iron water transmission line project that is only 12.5% complete. D&D Cable Services has cleared the site but has yet to lay any pipe. D&D Cable advertises on their website that they have been in business since 1994 and that they are a highly specialized company that is equipped to handle all phases of CATV and fiber optic cable installation and construction. It is important that this work proceed, as TxDOT will open bids on the Marsha Sharp Freeway construction on December 6, 2002. After these bids are opened, TxDOT is required to certify that all of the utilities have been relocated. Low bid not being recommended is $191,913.37 from D&D Cable Services, Ltd. of Lubbock, Texas. Next lowest and recommended bid is $255,469.44 from J&D Pipeline & Construction, Inc. of Midland, Texas and is within the Water System Improvements budget. J&D Pipeline & Construction is a certified Texas Historically Underutilized Business (HUB) that has been in business since 1998. They have municipal pipeline project experience with the cities of Eldorado, Spur, Sweetwater, and Midland as well as utility construction experience with Ector County, Fisher County, McCullough County and Crockett County. Victor Kilman, Purchasing Manager, gave staff comments. Mike Gilliland, Civil Engineering Associate, also gave comments concerning references. 517 Regular City Council Meeting December 12, 2002 Page 518 Motion was made by Council Member Patterson, seconded by Council Member Cooke to pass on second and final reading Ordinance No. 2002-00542 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Council Member Boren voted Nay. The next item considered was Item 43. (47.) Resolution No. 2002-RO543 authorizing the City Manager to determine which construction contract method provided by Subchapter H of Chapter 271, Local Government Code, will provide the best value for the City of Lubbock. RESOLUTION NO.2002-RO543 WHEREAS, the Local Government Code of the State of Texas provides at Section 271.114(a) that the governing body of municipalities considering a construction contract using a method specified by Sec. 271.113(a) other than by traditional competitive bidding must, before advertising, determine which method provides the best value for the governmental entity; and WHEREAS, Section 271.114(a) further provides that such determination of which alternative method to use (such as Construction Manager -Agent; Construction Manager -at -Risk; or Design -Build) may be delegated by the governing body to a designated representative; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of Lubbock to expedite the performance of City business by granting the City Manager authority to determine the method which will provide the best value for the City for any construction project not anticipated to exceed $1 million in total cost; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock is hereby authorized pursuant to Section 271.114, Local Government Code, to determine which construction contract method provided by Subchapter H of Chapter 271, Local Government Code, will provide the best value for the City of Lubbock for any construction project not anticipated to exceed $1 million in total cost. Passed by the City Council this 12th day of December, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This item was considered following Item 44. In the last session of the Texas legislature, Senate Bill 510 was passed which amended Section 271 of the Local Government Code by adding Subchapter H that provides for alternate project delivery methods for certain projects. Until this bill was passed into law, the procurement procedure involving the construction of a facility for municipalities was 518 Regular City Council Meeting December 12, 2002 Page 519 limited to competitive bidding. For bids involving the construction of a facility, Subchapter H now permits a municipality to use any of the following procurement procedures that provides the best value for the municipality: • competitive bidding; • competitive sealed proposals for construction services; • a design -build contract; • a contract to construct, rehabilitate, alter, or repair facilities that involves using a construction manager; or • a job order contract for the minor repair, rehabilitation, or alteration of a facility. The Local Government Code states that the governing body of a City that is considering a construction contract using one of the methods specified other than competitive bidding must, before advertising, determine which method provides the best value for the City. The decision of which method to use should be made early in the life of a project and, preferably, during the predesign phase. The governing body may, as appropriate, delegate its authority to a designated representative. Rather than requesting a procurement method authorization from Council for each individual project involving the construction of a facility, staff recommended that Council authorize the City Manager to determine which method provides the best value for the City. Project delivery methods have various hybrids and variations. To assist City departments in establishing a common vocabulary, understanding the project delivery options, and then determining an appropriate project delivery method for each particular project, Staff has developed a selection process manual to answer the following questions: • What is the list of project delivery methods? • Does staff have consistent definitions for each method? • Which method is more appropriate for a particular project? • Why is a particular method more appropriate? To determine which project is most appropriate for a particular project, the using department will consider the major factors influencing the project in question and then consider the requirements of the project in light of the unique characteristics of each of the various project delivery methods. By applying these factors, the using department should be able to not only recommend a delivery method, but also, be able to answer the question, "Why am I recommending a particular delivery method?" Though there are many factors, by the time a few "major" factors are applied, it should become apparent which method is most appropriate. These major factors are divided into three categories, "Project Related Factors", "External Factors", and "Contributing Factors". Project Related Factors External Factors Contributing Factors Project City Budget & Funding Cycle Owner Control & Risk Allocation Complexity & Scope Definition Availability/Capability of In- Recommendations/Experience of Others house Resources Need/Desire for Contractor Input Regulatory'& Statutory Requirements Schedule Potential for Changes during Construction Quality Definition & Verification Desired Contractor Relationship 519 Regular City Council Meeting December 12, 2002 Page 520 These are certainly not all that need to be considered, but addressing these major factors will guide the selection of the most appropriate delivery method. Furthermore, addressing these early in the project cycle will increase its chances for success. A thorough explanation of the process is included in the Alternate Project Delivery Methods Selection Process Guidelines manual included in the agenda backup (Appendix F being a one -page overview). This document is the product of several months of consideration, but it is not intended to be the final edition. It is anticipated that, once the principles have been tested, changes to the guidelines will be necessary. Staff recommended approval of this resolution. However, Council may want to consider a "threshold" that will allow Council to make this determination on large contracts. Victor Kilman, Purchasing Manager, gave staff comments. Motion was made by Council Member Cooke, seconded by Council Member Morrison, to pass Resolution No. 2002-RO543 with the stipulation that the City Manager looks at only under $1,000,000 projects without checking with Council. Motion carried: 7 Yeas, 0 Nays. COMMUNITY SERVICES Communitv Services (48.) Resolution No. 2002-RO544 for the City Council of the City of Lubbock to approve the expenditure of funds for the Urban Renewal Agency to acquire 1705 Avenue B, Parcel Number 66700-221-3, owned by J. B. Mason and legally described as Lot 3, Block 221, Original Town Addition of the City of Lubbock, Lubbock County, Texas in conjunction with the Community Development Department's Lot and Zoning Improvement Program (LAZIP). RESOLUTION NO.2002-RO544 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: — THAT the City Council of the City of Lubbock does hereby approve the expenditure of funds for the Urban Renewal Agency to acquire 1705 Avenue B, Parcel Number 66700-221-3, owned by J.B. Mason and legally described as Lot 3, Block 221, Original Town Addition of the City of Lubbock, Lubbock County, Texas in conjunction with the Community Development Department's Lot and Zoning Improvement Program (LAZIP). Passed by the City Council this 12th day of December, 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 520 Regular City Council Meeting December 12, 2002 Page 521 The LAZIP Program is a voluntary program for eligible low to moderate - income families who own and occupy uninhabitable homes on undersized, improperly zoned or unsuitable lots for residential development. The substandard homes and lots will be acquired at fair market value on a voluntary basis. The owners will use the net proceeds, if any, from the purchase of the existing property to cover the purchase of a reasonable priced and affordable lot of their choice to build the new house. Remaining sales proceeds, if any, must be applied to the purchase of the new home. The appraised value of this property is $5,000. This undersized lot of 3,150 square feet is located in an Interstate Highway Commercial District. The program is designed to acquire all land and improvements of the existing property, if approved by the Urban Renewal Board of Commissioners and City Council. Leaving an existing vacant lot to the low-income owner would be a liability rather an asset in most cases because of weed mowing and yearly property tax expenses. There will be a provision in the legal documents whereby the URA will not receive a windfall profit if the lot is sold for a substantial amount during the first few years of ownership. For the newly constructed home, a combination 20-year Below Market Rate Loan at 3% Interest and a No interest Deferred Payment 20-year Loan at 0% interest will be made available. Monthly payments will be made in proportion of household income and family size on a sliding scale to assure affordability and compliance with regulations. If, approved, this substandard home will be acquired and demolished with Community Development Block Grant (CDBG) funds and replaced on the new site using HOME funds under the Home Investment Partnerships (HOME) Program. Mr. Mason has selected a lot owned by the Urban Renewal Agency located at 2315 Fir Avenue for the construction of the new home. A required legal notice to the public in a newspaper of general circulation of the demolition and activity will be made. The Lot and Zoning Improvement Program was approved through the Community Development Department's regular yearly funding allocation process. This is the first case for consideration under this program. The Office of Community Planning and Development of the U.S. Department of Housing and Urban Development (HUD) in Fort Worth, Texas has concurred on this unit. This property has been cleared by the Environmental Compliance Department and a title commitment for insurance reflecting clear title has been received. The Urban Renewal Board of Commissioners approved the acquisition of this property on October 15, 2002. Nancy Haney, Manager, Community Development, gave staff comments. The Community Development Department recommended approval of this resolution. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass Resolution No. 2002-R0544 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (49.) Consider the price and conditions of sale of Parcel Number 93440-42- 8 at 2315 Fir Avenue, legally described as Lot 8, Block 42, Wheelock's Second Addition to the City of Lubbock, Lubbock County, Texas, of the Coronado Urban Renewal Plan in the Chatman Hill Area. This is a routine sale of property by the Urban Renewal Agency to J. B. Mason for $750. The property is to be redeveloped through the Community Development Department's Lot and Zoning Improvement Program (LAZIP) with a new 1,100 square foot single-family residence valued at $68,000. The lot is properly zoned for residential development. 521 Regular City Council Meeting December 12, 2002 Page 522 The Urban Renewal Board of Commissioners approved the proposed sale on November 19, 2002. The Community Development staff recommended approval of the sale. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to pass Item No. 49 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (50.) Resolution No. 2002-RO545 authorizing execution of the Annual Report of the North Overton Increment Financing Reinvestment Zone, pursuant to the Tax Increment Financing Act, Texas Tax Code Chapter 311. RESOLUTION NO. 2002-RO545 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 the North Overton Tax Increment Financing Reinvestment Zone Annual Report for October 1, 2001 through September 30, 2002, which will be distributed to the chief executive officer of each taxing unit levying taxes within the Central Business District Tax Increment Financing Reinvestment Zone and to the Office of the Texas Attorney General. Said Annual Report 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 12th day of December, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer by Rob Allison Craig Farmer, Managing Director of Planning and Transportation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Annual Report is filed with Resolution No. 2002-R0545. The Lubbock City Council established the North Overton Tax Increment Financing Reinvestment Zone by ordinance on March 14, 2002. Members of the North Overton TIF Board are Jack Driskill (chair), Council Member Victor Hernandez, Walker Metcalf, Patrick Murfee, Ted Rushing, Margaret Talkington, Senator Robert Duncan, Representative Carl Isett, and Commissioner Gilbert Flores. According to the Texas Tax Increment Finance Act Section 311.016, the City must submit an annual report to the chief executive officer of each taxing unit that levies taxes on property within a tax increment finance zone. Therefore, staff has prepared the first annual report of the North Overton Increment Financing Reinvestment Zone's activities. The report must be provided within 90 days of the end of the City's fiscal year and a copy must also be sent to the Office of the Texas Attorney General. 522 Regular City Council Meeting December 12, 2002 Page 523 The Texas Tax Increment Finance Act specifies that the report must include: Amount and source of revenue in the tax increment fund established for the zone; 01 Amount and purpose of expenditures from the fund; Amount of principal and interest due on outstanding bonded indebtedness; Tax increment base and current captured appraised value retained by the zone; Captured appraised value shared by the city and other taxing units; Total amount of tax increments received; lepa Anv additional information nececcnry to demnnstrntP rmmnlinnre with the tax increment -financing plan adopted by the City Staff recommended approval of this resolution. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on Resolution No. 2002-RO545 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Council Member Hernandez recused themselves. (51.) Consider rate request from Atmos Energy and take appropriate action. Atmos submitted documents to the City Manager on Tuesday, December 3, 2002. If the City Council receives no complaints and takes no action, the rate changes go into effect 35 days from the date of filing the request. If a complaint is received from any affected person, then the City Council must hold a hearing to determine the propriety of the increase. The Council may also hold a hearing upon its own motion within 30 days after the effective date if it should desire to do so. The Council may also order the rate change suspended for up to 90 days if it desires more time to study the requested rate changes. Staff requested direction from the City Council City Manager Bob Cass stated he had received information from Atmos regarding proposed increases they would like to install relative to certain transactions. This is not an increase in the price of gas. He asked First Assistant City Attorney Don Vandiver to go over a variety of options available. First Assistant City Attorney Don Vandiver stated that the proposed rate changes go into effect 35 days from the date of presentation. Atmos specified the date of January 6, 2003. As a consequence, if Council takes no action, it would automatically go in effect and be approved. He also suggested that Council has an option of at its own motion setting up an informal hearing on this with regard to why it is needed, etc. If Council receives a written complaint from any citizen during that time period, then City Council must set a hearing on it. Council also has the option in conjunction with setting a hearing to delay the implementation of the rate for up to 90 days from the date that it would ordinarily go into effect. Mayor McDougal stated he had received a letter of complaint from a citizen. Mr. Vandiver stated that the statute is mandatory that they must set a hearing on this. This must be done between this date and the 90tn date after the effective date. He also stated this should be no later than the second meeting of March, 2003. 523 Regular City Council Meeting December 12, 2002 Page 524 City Council directed staff to bring back appropriate orders setting this regulatory authority to suspend the implementation of this 90 days, which would bring this back to December 19' meeting. Council Member Martin also stated that as he understood the request, it raises approximately $131,000 from City of Lubbock residents. The cost of hiring a consultant to study that is something he thought Council should think about. He thought spending $50,000 to hire a consultant to come in and do the study should be considered. Mayor McDougal also directed that staff present an estimated budget at the December 19`h meeting. Council Member Hernandez requested that the email should be made a part of the record. (This is attached as Page 30). Council Member Boren stated he was on record as being greatly concerned about the high percentages on new connects, even on disconnects and would like to mention for the record that he had a good visit with Bill Guy at Atmos and the President of Atmos. Council Member Boren stated he understands Atmos' position of what they are trying to do and be good corporate citizens of Lubbock and work with the community. He appreciates that and looks forward to the process . No action was necessary on this item. (52.) Consider one appointment to the Arts Alliance, Inc. Grants Review Committee. Using hotel/motel tax revenues provides local cultural organizations with grant funds for projects representing a significant effort toward the promotion of the arts and humanities in Lubbock, and contributes to Lubbock's growing reputation as a regional cultural entertainment center. Leslie Cox, City employee, has submitted her resignation from the Committee. Motion was made by Council Member Cooke, seconded by Council Member Boren to appoint James Arnold to the Arts Alliance, Inc. Grants Review Committee. Motion carried: 7 Yeas, 0 Nays. (53.) Consider one appointment to the Market Lubbock, Inc. Economic Development Corporation. A non-profit corporation created for the purpose of enhancing and encouraging economic development and growth within the City, to encourage the creation of new job opportunities and to encourage the development of new industries within the City. Dr. David Schmidly is resigning and relocating outside the state. Motion was made by Council Member Cooke, seconded by Council Member Boren to appoint David Smith to the Market Lubbock, Inc. Economic Development Corporation. Motion carried: 7 Yeas, 0 Nays. (54.) Consider appointments to the Citizens Advisory Committee. Motion was made by Council Member Cooke, seconded by Council Member Boren to appoint Jan Campbell and Dr. Don Haragan to the Citizens Advisory Committee. Motion carried: 7 Yeas, 0 Nays. (55.) Consider one appointment to the Board of Electrical Examiners. Motion was made by Council Member Cooke, seconded by Council Member Boren to reappoint Robert Bullock to the Board of Electrical Examiners. Motion carried: 7 Yeas, 0 Nays. 524 Regular City Council Meeting December 12, 2002 Page 525 (56.) Consider one appointment to the Board of Health. Motion was made by Council Member Cooke, seconded by Council Member Boren to appoint Christopher Lonngren to the Board of Health. Motion carried: 7 Yeas, 0 Nays. (57.) Consider one appointment to the Building Board of Appeals. Motion was made by Council Member Cooke, seconded by Council Member Boren to reappoint Mark Anderson to the Building Board of Appeals. Motion carried: 7 Yeas, 0 Nays. (58). Consider eight appointments to the Community Development & Services Board. Motion was made by Council Member Cooke, seconded by Council Member Boren to reappoint Judi Blakey, Carey Childers, Teresa Contreras, Marilanda Cristan, Frank Gutierrez, Cheryl Isaacs, Jeffrey Lowry, and Ronnie McClendon to the Community Development & Services Board. Motion carried: 7 Yeas, 0 Nays. (59.) Consider two appointments to the Joint Airport Zoning Board. Motion was made by Council Member Cooke, seconded by Council Member Boren to appoint Dudley Faver and Paul Johnson to the Joint Airport Zoning Board. Motion carried: 7 Yeas, 0 Nays. (60.) Consider two appointments to Lubbock Emergency Communication District. Motion was made by Council Member Cooke, seconded by Council Member Boren to appoint Robert Massengale and Bob Wood to the Lubbock Emergency Communication District. Motion carried: 7 Yeas, 0 Nays. (61.) Consider two appointments to the Youth Commission —Adults. Motion was made by Council Member Cooke, seconded by Council Member Boren to appoint Amy Nash and Todd Wyrick to the Youth Commission -Adult. Motion carried: 7 Yeas, 0 Nays. (62.) Consider five appointments to the Zoning Board of Adjustment. Motion was made by Council Member Cooke, seconded by Council Member Boren to appoint Jim Gilbreath, Jay House, Larry Lowe, James Riddle, and J.Q. Warrick to the Zoning Board of Adjustment. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 10. 12:38 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All Council Members were present. 2:15 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers 2:15 P. 1I. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Patterson adjourned the meeting. Read and Approved this day of 6 . AL, MAYOR ATTEST: Reb cca Garza, City Secretary 525