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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/19/2002REGULAR CITY COUNCIL MEETING DECEMBER 19, 2002 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 19th of December, 2002, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas 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 Absent: Council Member Patterson CITIZEN COMMENTS One citizen expressed comments to the Council. Diane Harland, 8410 Oxford, Lot 84 of the alley paving project, asked if Item 30 (ORDINANCE #2002-00111—Assessments for paving improvements on the 2001 Assessment Paving Program) would be open for comments at the time of Regular Session. She also passed out copies of an email that had been sent to City Council. Don Vandiver, First Assistant City Attorney, stated that since a public hearing had already been held, this would be open for comments only if both sides were present. 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); 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; to discuss, deliberate and take action on a competitive matter regarding plans or contracts related to the acquisition, disposition, construction or exchange of transmission/distribution facilities (Electric Utilities); pending or contemplated litigation (City Manager/Gas Utility; Civic Center; Fire Department; Parks Department; Police Department; Streets Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Cemetery; Water Utilities). ( 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). (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; to discuss, deliberate and take action on a competitive matter regarding plans or contracts related to the acquisition, disposition, construction or exchange of transmission/distribution facilities. Regular City Council Minutes December 19, 2002 Page 528 (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 (City Manager/Gas Utility; Civic Center; Fire Department; Parks Department; Police Department; Streets Department; Water Utilities). (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Citizens Advisory Committee and Subcommittees (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 (Cemetery; Water Utilities). 7:43 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All Council Members were present except Council Member Patterson. 9:22 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All Council Members were present except Council Member Patterson. (6.) Discuss proposal from Farm Progress regarding the Farmer Stockman Show. Jim Kanter, Farm Progress, and Lubbock Chamber of Commerce representatives (15 minutes) Letters from Farm Progress and the Lubbock Chamber of Commerce outlining their plans for future Farm Shows, contingent on lease of 640 acres at the Lubbock Land Application Site (LLAS), were provided in council backup. The current land lease at the LLAS has run for ten years and expires at the end of December 2002. City staff received the letters on Wednesday, December 11 and Thursday, December 12, 2002. Staff is in the process of evaluating the City's ability to meet the needs of these groups while pursuing the primary goal of the Lubbock Land Application Site, which is effluent disposal. Staff was present and prepared to answer questions ( 7.) Annual report from the Keep Lubbock Beautiful Advisory Board on its activities and recommendation on upcoming projects for next year. Janie Ramirez, Chairperson; Penny Mason, Immediate Past Chairperson (15 minutes) Keep Lubbock Beautiful Chairperson Janie Ramirez, Immediate Past Chairperson Penny Mason and Beth Bridges updated Council on its activities and achievements for the year. This included programs and partnerships they have developed, and programs and projects they are recommending for the future. This item was presented for Council information. (8.) Update on the False Alarm Ordinance and proposed changes to the ordinance. Lieutenant Chris Powe, Police Administration (20 minutes) This item was deleted. (9.) Presentation on January 1, 2003 population estimates. David Buckberry, Planner (10 minutes) This item was deleted. ( 9A.) Update on West Texas Municipal Power Agency Audit. Bob Cass, City Manager (5 minutes) This item was deleted. (10.) Discuss City Treasurer Position. This item was deleted. 528 Regular City Council Minutes December 19, 2002 Page 529 10:10 A. M. WORK SESSION RECESSED 10:18 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary 0. Boren, Council Member Alex "Ty" Cooke, Council Member Tom Martin, Council Member Frank W. Morrison, City Manager Bob Cass, First Assistant City Attorney Don Vandiver, and City Secretary Rebecca Garza Absent: Council Member Patterson. Mayor McDougal called the meeting to order at 10:18 A. M. (11.) Rededication of the Vietnam War Memorial Plaque. Color guards presented the United States flag and Marine Corps flag. Mayor Pro Tem Hernandez led the Pledge of Allegiance given in unison by those in City Council Chambers to the United States flag. Council Member Boren gave the invocation. Council Member Martin gave the history of the plaque. Dr. Jim Reckner gave remarks about the Vietnam War. Dr. Jim Reckner and Phil Price unveiled the plaque. CONSENT AGENDA (Nos. 12-17, 19-27, 29) Motion was made by Council Member Cooke, seconded by Council Member Hernandez to approve Items 12-17, 19-27, 29 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (12.) ORDINANCE #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 (second and final 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. (13.) Ordinance No. 2002-00136 establishing the population of the City of Lubbock by ordinance so that City Limits population may be altered on State highways by the Texas Department of Transportation to reflect the current population figure for the City of Lubbock (first reading). ORDINANCE NO. 2002-00136 AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, ESTABLISHING THE POPULATION OF THE CITY OF LUBBOCK BY ORDINANCE SO THAT CITY LIMITS POPULATION MAY BE ALTERED ON STATE HIGHWAYS BY THE TEXAS DEPARTMENT OF TRANSPORTATION TO REFLECT THE CURRENT POPULATION FIGURE FOR THE CITY OF LUBBOCK; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Texas Department of Transportation (TxDOT) will allow the City of Lubbock to change the City Limits signs using the population estimates from the Texas State Data Center. The first step is the adoption of an ordinance by the Lubbock City Council. The most recent estimate from the Texas State Data Center is 201,855 as of January 1, 2002. This population estimate exceeds the 200,000 "threshold" that is considered 529 Regular City Council Minutes December 19, 2002 Page 530 important by the media and organizations that promote Lubbock. The current city limit signs reflect the 2000 Census count of 199,564. Since TxDOT has 7-year life expectancy on their signs and will only change the signs at their expense once in between the 2000 and 2010 Census, the City of Lubbock will incur all of the cost of these changes. The estimated cost is $2,000. The changing of the City Limit signs will have no impact on the 3 percent preference for local bidders because by State law that is determined by the most recent federal decennial census. This will be the only time that the City of Lubbock will do these changes at the City of Lubbock expense. Staff will probably request an additional ordinance in 2006 or 2007 to update the City estimate on the City Limit signs and a resolution of support for Lubbock County requesting the change of the County signs when the estimated Lubbock County population exceeds the 250,000 "threshold". The Lubbock County Commissioners Court would be the lead agency in this request. The Texas Department of Transportation will incur the cost of these changes because they will occur within seven years of the release of the 2010 Census. Staff recommended approval of first reading of this ordinance. (14.) Ordinance No. 2002-00137 abandoning and closing a portion of North Avenue Q in Section 19, Block A, Lubbock County, Texas (123 North Avenue Q) (first reading). ORDINANCE NO. 2002-00137 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AVENUE Q LOCATED IN SECTION 19, BLOCK A, 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 abandons and closes a 16,718 square foot portion of North Avenue Q just west of North Avenue Q Drive and south of Auburn Street. This half -width section of Avenue Q is no longer in use and the City will never need it. The requestor of this closure is Caprock Commerce Corporation and the replat has been submitted. Caprock was not the original dedicator of the street, so they will have to purchase the street area from the City. The Right -of -Way Department has appraised this property at $0.20 per square foot for a total of $3,343.60. In the replat, a credit will be given for a street corner cut-off area of 112.5 square feet for a total due the City of $3,321.10. Right -of -Way Department recommended approval of the first reading of this ordinance. (15.) Resolution No. 2002-RO546 accepting paving improvements constructed by Williams and Peters Construction Co., Inc., in Southhaven Addition, Lots 123-145. RESOLUTION NO.2002-RO546 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AVENUES AND ALLEYS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 123-145. Southhaven Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets, avenues and alleys dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets, avenues and alleys: 103rd Street from the East lip line of Vicksburg Avenue to the East end of the alley return of the alley East of Utica Drive, known and designated as New Subdivision Sub -Unit Number 29 of Unit Number 2040. 530 Regular City Council Minutes December 19, 2002 Page 531 The East half of Vicksburg Avenue from the South end of the alley return South of 103rd Street to the South end of the alley return North of 103rd Street, known and designated as New Subdivision Sub -Unit Number 30 of Unit Number 2040. Utica Avenue from the South end of the alley return North of 103rd Street to the North lip line of 103rd Street, known and designated as New Subdivision Sub -Unit Number 31 of Unit Number 2040. Utica Drive from the South lip line of 103rd Street to the South end of the alley return South of 103rd Street, known and designated as New Subdivision Sub -Unit Number 32 of Unit Number 2040. The East-West alley South of 103rd Street from Vicksburg Avenue to Utica Drive, known and designated as Sub -Unit Number 94 of Unit Number A-461. The East-West alley South of 103rd Street from Utica Drive to the North -South alley East of Utica Drive, known and designated as Sub -Unit Number 95 of Unit Number A-461. The North -South alley East of Utica Drive from 103rd Street to the East-West alley South of 103rd Street, known and designated as Sub -Unit Number 16 of Unit Number A-462. The North -South alley East of Utica Avenue from 103rd Street to the East-West alley North of 103rd Street, known and designated as Sub -Unit Number 17 of Unit Number A- 462. WHEREAS, the construction of the above improvements on the above -mentioned streets, avenues and alleys was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets, avenues and alleys BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 19th day of December, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR 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/ Amy Sims Amy Sims, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street and alley paving and curb and gutter on: 103rd Street from Vicksburg Avenue to the alley east of Utica Avenue. East half of Vicksburg Avenue from the alley south of 103rd Street to the alley north of 103rd Street. 531 Regular City Council Minutes December 19, 2002 Page 532 Utica Avenue from the alley north of 103rd Street to 103rd Street. Utica Drive from 103rd Street to the alley south of 103rd Street. East -west alley south of 103rd Street from Vicksburg Avenue to Utica Drive. East -west alley south of 103rd Street from Utica Drive to the north -south alley east of Utica Drive. North -south alley east of Utica Drive from 103rd Street to the east -west alley south of 103rd Street. North -south alley east of Utica Avenue from 103rd Street to the east -west alley north of 103rd Street. There is no City cost due the contractor upon this acceptance. Staff recommended approval of this resolution. (16.) Resolution No. 2002-RO547 accepting paving improvements constructed by Lone Star Dirt and Paving Co., Inc., in Tanglewood Terrace Addition, Lots 1-13. RESOLUTION NO.2002-RO547 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AVENUES AND ALLEYS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1-13, Tanglewood Terrace Addition, made arrangements with Lone Star Dirt & Paving Construction Company, Inc. for the construction of paving improvements on certain streets, avenues and alleys dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets, avenues and alleys: York Avenue from the North lip line of 24th Street to approximately 530 feet North of the North lip line of 24th Street, known and designated as New Subdivision Sub -Unit Number 35 of Unit Number 2041. The East-West alley approximately 100 feet North of 241h Street from the West lip line of York Avenue to the North -South alley East of Slide Road, known and designated as Sub - Unit Number 34 of Unit Number A-462. The North -South alley East of Slide Road from the alley aphproximately 100 feet North of 24th Street to the alley approximately 420 feet North of 24t Street, known and designated as Sub -Unit Number 35 of Unit Number A-462. The East-West alley approximately 420 feet North of 241h Street from the West lip line of York Avenue to the alley East of Slide Road, known and designated as Sub -Unit Number 36 of Unit Number A-462. The North -South alley East of York Avenue from the North lip line of 24th Street to approximately 500 feet North, known and designated as Sub -Unit Number 37 of Unit Number A-462. WHEREAS, the construction of the above improvements on the above -mentioned streets, avenues and alleys was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets, avenues and alleys BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. 671A Regular City Council Minutes December 19, 2002 Page 533 Passed by the City Council this 19th day of December, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR 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/ Amy Sims Amy Sims, Assistant City Attorney This is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. These improvements consist of street and alley paving and curb and gutter on: York Avenue from 24th Street to 530 feet north. East -west alley 100 feet north of 24th Street from York Avenue to the north -south alley east of Slide Road. North -south alley east of Slide Road from the alley 100 feet north of 24th Street to the alley 420 feet north of 24th Street. East -west alley 420 feet north of 24th Street from York Avenue to the alley east of Slide Road. North -south alley east of York Avenue from 24th Street to 500 feet north. There is no City cost due the contractor upon this acceptance. Staff recommended approval of this resolution. (17.) Resolution No. 2002-RO548 authorizing the Mayor to execute a resolution authorizing the Lubbock Regional Mental Health Mental Retardation Center to sublet space in the George Woods Community Center to the Lubbock County Juvenile Justice Center at the George Woods Community Center located at 517 North Zenith. RESOLUTION NO.2002-RO548 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes Lubbock Regional Mental Health Mental Retardation Center to sublet space at the George C. Woods Community Center to the Lubbock County Juvenile Justice Center pursuant to an agreement substantially the same as the Sub -Lease Agreement attached hereto as Exhibit A, which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 19th day of December, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 533 Regular City Council Minutes December 19, 2002 Page 534 APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell, Parks and Recreation Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2002-R0548. The Parks and Recreation Department fulfills its mission by serving as a provider of public recreation services. This includes promoting the use of department facilities by other public agencies to deliver their services and entering into cooperative relationships with community groups and agencies to jointly provide services. On August 29, 2002, the City Council approved a resolution authorizing a lease agreement with the Lubbock Mental Health Mental Retardation Center (MHMR) for the George Woods Community Center, 517 North Zenith. As per Section 13.01 of the Lease Agreement with MHMR, MHMR cannot sublet the premises or any portion of the building without the prior written consent of the Landlord. MHMR has requested approval to sublet an office in the building to the Lubbock County Juvenile Justice Center (LCJJC). Two probation officers will office there and will use the facilities in conjunction with MHMR to provide youth activities and education classes. A copy of the Sub -Lease Agreement was provided in council backup. Staff recommended approval of this resolution. (18.) Consider a resolution authorizing the Mayor to execute a License Agreement with the Remington Park Neighborhood Association for improvements at Remington Park. This item was deleted. (19.) Resolution No. 2002-RO549 authorizing the Mayor to execute Amendment #1 to the Original Software License and Services Agreement dated August 12, 1999 with SCT Utility Systems, Inc. RESOLUTION NO.2002-RO549 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock Amendment #1 to the Original Software License and Services Agreement dated August 12, 1999 with SCT Utility Systems, Inc. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 19th day of December, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 534 Regular City Council Minutes December 19, 2002 Page 535 APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning, Managing Director Of Information Technology APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Amendment is filed with Resolution No. 2002-R0549. In 1999, the City of Lubbock contracted with SCT Utility Systems, Inc. to license and install their Utility Billing System called Banner. This system went live on October 8, 2001. At this time, all the significant issues have been resolved and the system is being used to track customers and produce billing statements. During the implementation phase of the project, modifications were made to the SCT source to allow the City to store and/or produce information in a way that was familiar and in accordance with existing business procedures. Many of these modifications have been incorporated into subsequent base Banner systems. At this time the City would like to contract with SCT to create a development plan to determine which of Lubbock's site specific modifications now exist in a later version of the base Banner system. The cost of this study will be $43,355 and is based upon the number of hours it will take SCT to perform this study, both on -site and in South Carolina. The deliverable from this study will be an implementation plan with the recommended upgraded version to best meet the City's needs for the future. Based upon those recommendations, a future plan for Banner upgrades will be forthcoming to Council. Staff recommended approval of this resolution. (20.) Resolution No. 2002-RO550 authorizing the Mayor to execute an amendment to the lease agreement between the City of Lubbock and Marco Steel and Aluminum at Lubbock International Airport. RESOLUTION NO.2002-RO550 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the Lease Agreement with Marco Steel & Aluminum Co. adding office space to their leased premises at Lubbock International Airport. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 19th day of December, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 535 Regular City Council Minutes December 19, 2002 Page 536 APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Amendment is filed with Resolution No. 2002-R0550. Marco Steel and Aluminum Co. currently leases 26,000 square feet of warehouse space in two buildings (#716 and #718) on the east side of Lubbock International Airport. The leased premises are used for the storage and distribution of specialty steel and aluminum products. Marco Steel and Aluminum is requesting to lease an additional 1,724 square feet of office space in the adjacent building (#714) for use as administrative offices. The additional rent to the City for the leased premises will be $4,310 per year. A copy of the amendment was provided in council backup. The Airport Board and staff recommended approval of this resolution. (21.) Resolution No. 2002-RO551 authorizing the Mayor to sign Supplemental Agreement No. 3 of the Type R- Agreement with Texas Department of Transportation for the Maintenance and Operation of Traffic Signals by the City of Lubbock for the State of Texas. RESOLUTION NO.2002-RO551 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Supplemental Agreement No. 3 to an Agreement for the Installation and Reimbursement for the Operation of Traffic Signals within a Municipality entered into by and between the City of Lubbock and Texas Department of Transportation on July 28, 1994, and any associated documents, a copy of which Supplemental Agreement No. 3 is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 19th day of December, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Jeryl D. Hart Jeryl D. Hart, Jr., P.W., Traffic Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 536 Regular City Council Minutes December 19, 2002 Page 537 A copy of the Supplemental Agreement is filed with Resolution No. 2002-R0551. This supplemental agreement clarifies wording in the original agreement (executed in August 1994) regarding payment for repairs/replacement on an emergency basis of major items due to accidents or acts of God (Article 5. Payment Subsection D). These changes were requested by TxDOT's internal auditor and simply better define what has actually been practiced for the last eight years of this agreement. These changes do not affect the reimbursement amount previously agreed to in Supplemental Agreement No. 2. However, TxDOT has requested that this Supplemental Agreement No. 3 be executed as a condition of TxDOT's signature on Supplemental Agreement No. 2 authorized by the City Council on October 24, 2002. This fact was not made known to staff until Supplemental Agreement No. 2 was taken to TxDOT for their signature. Traffic Engineering Department and the Legal Department recommended approval of this resolution. (22.) Resolution No. 2002-RO552 waiving the right of the City of Lubbock to apply for a Juvenile Accountability Incentive Block Grant and designating Lubbock County as the recipient of the funds. RESOLUTION NO.2002-RO552 WHEREAS, certain block grant funds in the amount of Ninety -Six Thousand Five Hundred Ninety and No/100 Dollars ($96,590) (the "Funds") is designated for allocation to the City of Lubbock through the Criminal Justice division of the State of Texas; and WHEREAS, the City of Lubbock desires to waive their right to apply for a Juvenile Accountability Incentive Block Grant; and WHEREAS, the City of Lubbock designates Lubbock County as the recipient of the Funds; and WHEREAS, the City of Lubbock agrees to appoint one member to serve on the Juvenile Crime Enforcement Coalition created by the County of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby waives its right to apply for a Juvenile Accountability Incentive Block Grant and designates Lubbock County as the recipient of the Funds. Be it further resolved that the Juvenile Sergeant of the city of Lubbock Police Department is hereby designated to serve on the Juvenile Crime Enforcement Coalition as created by the County of Lubbock. Passed by the City Council this 19th day of December, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude Jones _ Claude Jones Chief of Police APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney 537 Regular City Council Minutes December 19, 2002 Page 538 The Governor's Criminal Justice Division is preparing to award Juvenile Accountability Incentive Block Grant (JAIBG) funding to the City of Lubbock in the amount of $96,590 with a 10% match for the fiscal year 2003-2004. Lubbock County is eligible for $29,984 with a 10% match and has agreed to pay the City of Lubbock's match. Should the allocations be combined, the total amount of project funding would be $140,638. Staff recommended approval of this resolution. (23.) Resolution No. 2002-RO553 authorizing the Mayor to execute a membership agreement with the Texas Building and Procurement Commission. RESOLUTION NO.2002-RO553 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 Membership and Application with the Texas Building and Procurement Commission of Austin, Texas. Said documents are 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 19th 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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/ Office Practice Section A copy of the Membership and Application is filed with Resolution No. 2002-R0553. The Texas Building and Procurement Commission administers a cooperative purchasing program created by legislation in 1979 in accordance with Sections 271.081-271.083 Local Government Code, V.T.C.A., Section 2155.202 and 2175.001(1) of the Texas Government Code, Title 10, Subtitle D. This legislation provides the legal authority for local governments, MHMR community centers, and assistance organizations to participate in the Texas Building and Procurement Commission Cooperative Purchasing (TBPC Co -Op). Its purpose is to centralize the purchasing activity and increase the purchasing power of these agencies throughout Texas. Cooperative purchasing provides several benefits to the City of Lubbock: • Facilitates compliance with state bidding requirements • Identifies qualified vendors of goods and services • Reduces administrative burden and costs • Reduces the cost of goods and services with economies of scale The following products are examples of those available through the Texas Building and Procurement Commission Cooperative Purchasing Program • Police weapons and ammunition 538 Regular City Council Minutes December 19, 2002 Page 539 • Road and highway equipment • Vehicles and school buses • Pharmaceuticals • Office supplies • Light bulbs and electrical • Office machines including copiers All state contract purchases made through the TBPC Co -Op have already been competitively bid and awarded by the Commission based on Texas statutes. This eliminates the need for members going through the bidding process on their own. The end result is a reduction in administrative efforts and compliance with competitive bidding requirements. The Texas Building and Procurement Commission Cooperative Purchasing Program charges its members a $100 annual subscription fee. Staff recommended approval of this resolution. (24.) Resolution No. 2002-R0554/RFP #214-02/RW—for Long Distance & Operator Services for Public Telephones (Telecommunications). RESOLUTION NO. 2002-RO554 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 Public Telephone Agreement between TCG Public Communications Inc., a wholly owned subsidiary of AT&T Corporation and the City of Lubbock, for furnishing, installing, maintaining, and operating public telephones and public communications equipment. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of December, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning, Director of Information Technology APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of Agreement is filed with Resolution No. 2002-R0554. -- This contract is for pay phone services at facilities owned by the City of Lubbock. The City of Lubbock currently has 86 pay phones at various City facilities; but based on usage, the number of units will be reduced after evaluation by the City of Lubbock and the contractor. The selection committee ranked the respondents to the RFP as follows: AT&T 78.25 Com Choice 49.50 539 Regular City Council Minutes December 19, 2002 Page 540 Proposals were evaluated and ranked based on the following selection criteria: • Respondent qualifications/experience/references with other institutions similar in size to the City of Lubbock and ability to service the City of Lubbock as required including history of making timely commission payments as required by these specifications. 20% • Respondent proposed commission paid to the City of Lubbock (Based on gross revenue to be defined as revenue on all local and long distance calls originating from all payphones including calls for which payment cannot be collected from customers). 40% • Respondent Support/Service and added service provided to the City of Lubbock (i.e. Call blocking, individual cut off, call monitoring, etc.). References. 30% • Respondent overall product meeting the City of Lubbock's needs and requirements as well as future needs through enhancements and emerging technologies. 10% Staff recommended contract award to AT&T. The AT&T office is in New York, but will have technicians located in Lubbock, Texas for maintenance of the pay phone units. The contract with AT&T is based on the following: • AT&T will pay the City 10% commission for local coin revenues, IntrrLata coin revenues, InterLata coin revenues, local operator revenues, IntraLata operator revenues, InterLata operator revenues, dial -around compensation revenues received from Interexchange Carrier, on any pay phone that exceeds $90 per month, per phone. • AT&T reserves the right to remove low producing phones, those phones generating less than $90 per month. However, if the City deems the stations necessary, AT&T will negotiate with the City to leave the station in place at a charge of $75 per month per phone. • The commissions AT&T offers is on gross revenues on the following scale: 1 s` year— 10% all revenues that exceed $90 per month. 2nd year — 10% all revenues that exceed $90 per month 3`d year — 10% all revenues that exceed $90 per month. • AT&T will pay the monthly commissions due the City of Lubbock within thirty days after closing of that calendar month's collections and revenue reporting. All commission payments will be paid based upon revenues collected from the previous month's revenues. The City of Lubbock will not incur any monthly costs, unless the pay phone units do not receive gross revenues of $90 per month per phone. Based on the criteria referenced above, the evaluation committee recommended contract award to AT&T of Orchard Park, New York. (25.) Resolution No. 2002-R0555, Resolution No. 2002-R0556, and Resolution No. 2002-R0557/BID #216-02/RS—for Basketball Goals, Water Fountains, and Picnic Tables —Annual Pricing (Park Development). RESOLUTION NO.2002-R0555 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for basketball goals, water fountains, and picnic tables — annual pricing per ITB #216-02/RS, by and between the City of Lubbock and U.D. Enterprises of Lubbock, Texas and relater documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 540 Regular City Council Minutes December 19, 2002 Page 541 Passed by the City Council this 19th 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/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2002-R0555. RESOLUTION NO.2002-RO556 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for basketball goals, water fountains, and picnic tables — annual pricing per ITB #216-02/RS, by and between the City of Lubbock and The Playwell Group, Inc. of Dallas, Texas and relater documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th 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/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2002-R0556. 541 Regular City Council Minutes December 19, 2002 Page 542 RESOLUTION NO.2002-RO557 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for basketball goals, water fountains, and picnic tables — annual pricing per ITB #216-02/RS, by and between the City of Lubbock and Most Dependable Fountains of Arlington, TN and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th 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/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2002-R0557. This bid establishes annual pricing for picnic tables, drinking fountains and basketball goals to be installed at various locations throughout the parks system. Location for these units will be on an as needed basis with priorities going to those parks that are in greatest need. These items will also be used in new parks currently under construction. The new items are vandal resistant and will withstand prolonged use. In addition, the items to be purchased meet the ADA accessibility guidelines while many of the items being replaced do not. The low bids are from the following companies: Most Dependable Fountains of Arlington, Tennessee $14,600 The Playwell Group, Inc. of Dallas, Texas $6,210 U.D. Enterprises of Lubbock, Texas $4,520 Pricing is for one year with an option to renew annually for up to two additional years. The low bids are within the Park Amenities budget. (26.) Resolution No. 2002-110558/13ID #225-02/RS—for City of Lubbock Parks Playground Construction (Park Development). RESOLUTION NO.2002-RO558 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 City of Lubbock parks playground construction, by and between the City of Lubbock and Sandia Construction, 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. 542 Regular City Council Minutes December 19, 2002 Page 543 Passed by the City Council this 19th 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/ John Knight John Knight, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 19th 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 SANDIA CONSTRUCTION, 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 #225-02/RS - CITY OF LUBBOCK PARKS PLAYGROUND CONSTRUCTION - $1,511,000.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) SANDIA CONSTRUCTION, INC. By: Marc McDougal Mayor ATTEST: /s/ Rebecca Garza By: /s/ Greg M. Durbun PRINTED NAME: Greg M. Durbun TITLE: Vice President/Secretary COMPLETE ADDRESS: 543 Regular City Council Minutes December 19, 2002 Page 544 APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ John M. Knight City Attorney SANDIA CONSTRUCTION, INC. P. O. Box 1221 Lubbock, TX 79464-4895 ATTEST: Shirley Durbin Corporate Secretary This project involves the construction of new playground equipment at seven new parks and at five existing parks and responds to the high priorities established in the 1998 Lubbock Comprehensive Park, Recreation and Open Space Master Plan. In addition, the playground surfacing for the HUB City Playground is also included in the scope of work. The new playgrounds will meet or exceed accessibility requirements and will feature a rubberized safety surface that will minimize injuries as well as provide enhanced accessibility for wheelchairs. The design of the playgrounds is based on input from neighborhood association meetings as well as a playground design contest through the Lubbock Independent School District elementary schools. Funding for this project will be obtained from the following sources: Source Budget Park Playgrounds, Parks Capital Project $588,000 Hub City Playground, Parks Capital Project 165,000 Sandlewood (Strong) 110,000 Skyview (Sims) 110,000 Chapel Hill (Reagan) 110,000 West End (Duran) 110,000 Smithlawn (Underwood) 110,000 Northridge (Cooke) 110,000 Horizon West/ West Wind (Lopez) 110,000 TOTAL $1,523,000 The low bid is $1,511,000 from Sandia Construction of Lubbock, Texas and is within the total budget for all parks. (27.) Resolution No. 2002-R0559/ BID #234-02/RS—for 230kV 100MVA Autotransformer (Electric Distribution). RESOLUTION NO.2002-RO559 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 230 kV 100 MVA autotransformer, by and between the City of Lubbock and ABB, Inc. of Raleigh, North Carolina 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. 544 Regular City Council Minutes December 19, 2002 Page 545 Passed by the City Council this 19th 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/ John Knight John Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2002-R0559. LP&L currently has an approved $1 million capital project to purchase a 230KV 100MVA Autotransformer. This transformer is needed for two reasons. LP&L's tie transformer located at Holly interchange is suspect due to a major fault four years ago. The life expectancy after such an occurrence is approximately five years. LP&L's system capacity is continually increasing. This transformer will ensure that we are capable of purchasing the power needed for our system. Bids were received from the following companies: Total Delivery Cost ABB Inc. of Raleigh, North Carolina $ 788,000 9 months Trafo Equipamentos of Gravatai, Brazil $ 802,730 10 months ELCO Industries LTD of Ramat Hasharon, Israel $ 830,000 7 months Alstom TED, Inc. of Charleroi, PA $1,065,000 8 months Nix Electric Co., Inc. of Lubbock, TX $1,309,152 12 months UTILICOR of Tampa, FL $1,915,307 10 months Five manufacturers met the bid specifications. Alstom USA Inc. had an exception to the on -load tap changer specified. This manufacturer's bid was higher than the three lowest. Manufacturers were evaluated based on cost, transformer losses, and reliability as a manufacturer. The ABB unit was the lowest price. ABB's losses were within specifications and they are a proven reliable manufacturer. This unit also has parts that will interchange with other units on the LP&L system keeping spare parts inventory at a minimum. The low bid is $788,00 from ABB. Inc. of Raleigh, North Carolina and is within the East Tie Transformer Capital Project budget. (28.) Resolution No. 2002-R0562/RFP #245-02/RS—for LP&L Brandon Station Turbine Controls Upgrade (Electric Production). 545 Regular City Council Minutes December 19, 2002 Page 546 RESOLUTION NO.2002-RO562 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for LP&L Brandon Station turbine controls upgrade, by and between the City of Lubbock and GE Global Controls Services of Loveland, Colorado 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 19th 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/ John Knight John Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2002-R0562. This item was moved from consent agenda to regular agenda and was considered following Item 29. The existing Woodward 501 control system for the gas turbine at Brandon Station is obsolete and has experienced a growing number of faults in recent years, which threaten the reliability of the unit. Also, a number of associated monitoring systems have become maintenance concerns or have failed and are irreparable due to obsolescence. The upgraded control system will restore unit reliability, improve monitoring capability and provide enhanced diagnostics. The work scope for this project comprises the removal of the old controls, the supply of new control hardware and customized software, and the installation and commissioning of the new system. Seven proposals were received, all from qualified vendors, as follows: GE Global Services of Loveland, Colorado $149,500 Wood Group Turbine Control Services of $169,970 Loveland, Colorado VT Controls of Houston, Texas $196,407 Rolls-Royce of Mount Vernon, Ohio $249,000 ABB of Natrona Heights, Pennsylvania $285,920 Innovative Control Solutions of Plano, Texas $294,654 Sermatech TTS of Orlando, Florida $342,900 The selection committee evaluated the three least cost proposals in detail. All three met specifications and were evaluated against the following criteria, weighted as indicated: 546 Regular City Council Minutes December 19, 2002 Page 547 Technical content of the proposal, methodology and approach to task 30% Qualifications and experience Lowest overall cost 20% 50% The committee uniformly concluded that GE Global Services, in addition to submitting the lowest bid, by a small margin from Wood Group, also offered the best technical package for our requirements and application. GE Global Services is accordingly recommended to undertake the controls upgrade at Brandon Station. The contract amount is within the Electric Facilities and System Improvements Capital Projects —Brandon Controls Upgrade budget. Paul Thompson, Director of Electric Utilities, gave staff comments. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass Resolution No. 2002-RO562 as recommended by staff. Motion carried: 4 Yeas, 2 Nays. Council Members Hernandez and Martin voted Nay. The next item considered was Item 30. (29.) Resolution No. 2002-110560; Resolution No. 2002-R0561//BID #266- 02/RS—for City of Lubbock New Parks Construction (Park Development). RESOLUTION NO.2002-RO560 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 City of Lubbock new parks construction, by and between the City of Lubbock and Hub City Pavers, Inc. of Lubbock, Texas and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th 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/ John Knight John Knight, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 19th 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 HUB CITY PAVERS, INC. of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. 547 Regular City Council Minutes December 19, 2002 Page 548 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 #266-02/RS - CITY OF LUBBOCK NEW PARKS CONSTRUCTION - $386,322.57 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) By: Marc McDougal Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ John M. Knight City Attorney HUB CITY PAVERS, INC. /s/ Glen A. Sarten PRINTED NAME: Glen S. Sarten TITLE: Vice President/Secretary COMPLETE ADDRESS: HUB CITY PAVERS, INC. 11803 University Avenue Lubbock, TX 79423 ATTEST: Diana Rodriquez Corporate Secretary RESOLUTION NO.2002-RO561 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 City of Lubbock new parks construction, by and between the City of Lubbock and Turfinaster Irrigation & Landscaping, Inc. of Wolfforth, Texas and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Regular City Council Minutes December 19, 2002 Page 549 Passed by the City Council this 19th 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/ John Knight John Knight, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 19th 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 TURFMASTER IRRIGATION & LANDSCAPING, INC. of the City of Wolfforth, 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 #266-02/RS - CITY OF LUBBOCK NEW PARKS CONSTRUCTION - $456,187.00 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. 549 Regular City Council Minutes December 19, 2002 Page 550 CITY OF LUBBOCK, TEXAS (OWNER) By: Marc McDougal Mayor ATTEST: /s/ Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ John M. Knight City Attorney TURFMASTER IRRIGATION AND LANDSCAPING, INC. By: /s/ Jimmy Schneider PRINTED NAME: Jimmy Schneider TITLE: President COMPLETE ADDRESS: Turfmaster Irrigation and Landscaping, Inc. 15610 FM 179 Wolfforth, TX 79382 ATTEST: Billye K. Schneider Corporate Secretary This project will provide improvements for the seven new parks funded by the September 1999 General Obligation Bond election. The project responds to the high priorities established in the 1998 Lubbock Comprehensive Park, Recreation and Open Space Master Plan. Each park design is unique to the neighborhood that it will serve. Each neighborhood association was invited to participate in four planning meetings to identify the priorities and layout of their park. The bid includes two scopes of work: Bid item #1 includes a base bid and three options: The following improvements at six new parks: five-foot wide concrete walks, installation of barbeque grills, picnic tables and benches as well as light grading. In addition, the scope of work includes establishing a caliche base for the playgrounds identified in ITB #225-02/RS. The caliche base and concrete associated with the playgrounds was purposely placed in this bid to provide higher quantities of earthwork and concrete work for more favorable pricing. Bid item #1 base bid properties include: Carlisle Park Lopez Park (new) Cooke Park (new) McCullough Park Davies Park Sims Park (new) Davis Park Strong Park (new) Duran Park (new) Underwood Park (new) Jennings Park Earthwork/Concrete for HUB City Playground Option #1 Add Overton Park Dirt work/Concrete Work for Playground Option #2 Add Sedberry Park Dirt work/Concrete Work for Playground Option #3 Add Reagan Park (new) Dirt work/Concrete work installation of amenities for Park Bid item #2 includes a base bid and option #4: Irrigating 45 acres and installation of electrical infrastructure for the six new parks. Bid item #2 base bid properties include: 550 Regular City Council Minutes December 19, 2002 Page 551 Cooke Park (new) Duran Park (new) Lopez Park (new) Sims Park (new) Strong Park (new) Underwood Park (new) Option #4 Add Reagan Park (new) irrigation of 4.3 acres and installation of electrical infrastructure. Funding for this project will be obtained from the following sources: Source Budget Park Playgrounds, Parks Capital Project (Earthwork/concrete only) $68,000 HUB City Playground (Earthwork/concrete only) 15,000 Sandlewood (Strong) 108,950 Skyview (Sims) 100,608 Chapel Hill (Reagan) 64,014 West End (Duran) 121,758 Smithlawn (Underwood) 117,988 Northridge (Cooke) 124,363 Horizon West/ West Wind (Lopez) 124,364 TOTAL $845,045 The budgets for each new park vary due to the size of the park, as well as the customized design and placement of the various amenities. Examples include Cooke Park having the most linear feet of interior walks, while Lopez has a higher irrigation cost due to the need for a booster pump to regulate the water pressure. Reagan Park is the smallest park at 4.5 acres; therefore, it has the smallest budget. The bid opening for City of Lubbock New Park Construction (Bid #266- 02/RS) was opened on December 9, 2002. The following bids were received: Bid Item #1 Base Bid Option #1 Option #2 Option #3 TOTAL Wallace Sprinkler No Bid No Bid No Bid No Bid No Bid Lubbock, TX Saunders 426,966.00 21,526.00 20,013.00 31,563.00 500,068.00 Construction Lubbock, TX Sandia Construction 410,000.00 17,000.00 13,500.00 22,000.00 462,500.00 Lubbock, TX HUB City Pavers 315,838.44 18,883.95 17,420.50 34,189.68 386,332.57 Lubbock, TX Diversified Irrigation No Bid No Bid No Bid No Bid No Bid Lubbock, TX Turf Master No Bid No Bid No Bid No Bid No Bid Wolfforth, TX Plains Builders 364,438.00 23,816.00 31,434.00 25,504.00 445,192.00 Amarillo, TX Greenscaping 338,403.00 47.660.00 40,370.00 37,270.00 463,703.00 North Richland Hills, TX Bid Item #2 Base Bid Option #4 TOTAL Wallace Sprinkler - Lubbock, TX 432,000.00 57,000.00 489,000.00 Saunders Construction - Lubbock, TX 505,729.00 78,008.00 583,737.00 Sandia Construction - Lubbock, TX 425,000.00 59,000.00 484,000.00 551 Regular City Council Minutes December 19, 2002 Page 552 HUB City Pavers - Lubbock, TX 474,604.48 62,753.97 537,358.45 Diversified Irrigation - Lubbock, TX 449,030.00 66,750.00 515,780.00 Turf Master - Wolfforth, TX 399,412.00 56,775.00 456,187.00 Plains Builders - Amarillo, TX No Bid No Bid No Bid Greenscaping - North Richland Hills, TX 841,745.00 93,225.00 934,970.00 After review by staff and the City's park and playground design consultant KDC Associates, the following are the recommendations for City of Lubbock New Park Construction: Bid Item #1: Base Bid, Item #1, and Option #1, Option #2 and Option #3 be awarded to Hub City Pavers of Lubbock, TX for $386,332.57. Bid Item #2: Base Bid and Option #4 be awarded to Turf Master of Wolfforth, TX for $456,187. The two bid Items total $842,519.57, which is less than the budget of $845,045. Completion of Items #1 and #2 is expected by the end of September, 2003. 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 28. (30.) ORDINANCE #2002-00111—Assessments for paving improvements on the 2001 Assessment Paving Program (second of three readings). ORDINANCE NO. 2002-00111 AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING STREETS AND/ALLEYS: 251H STREET FROM MILWAUKEE AVENUE EAST TO LASALLE AVENUE, 26TH STREET FROM MILWAUKEE AVENUE EAST TO KEWANEE AVENUE, EAST -WEST ALLEY BETWEEN 10TH STREET AND 11T1 STREET FROM SALEM AVENUE EAST TO QUAKER AVENUE, EAST -WEST ALLEY BETWEEN 56TH STREET AND 57TH STREET FROM MEMPHIS AVENUE WEST TO NASHVILLE AVENUE, U-SHAPED ALLEY BETWEEN 85TH STREET AND 86TH STREET/OXFORD AVENUE FROM 85TH STREET TO OXFORD AVENUE, U- SHAPED ALLEY BETWEEN 77TH STREETIYORK AVENUE AND 78TH STREET/ZOAR AVENUE FROM SLIDE ROAD TO 79TH STREET, EAST -WEST ALLEY BETWEEN 8TH STREET AND 9TH STREET FROM SALISBURY AVENUE EAST TO SALEM AVENUE SUCH PORTIONS BEING MORE PARTICULARY DESCRIBED IN THE PAVING ASSESSEMNTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF, AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS ON EVIDENCE HEREOF, ALLOCATING FUNDS. This item was considered following Item 28. At the October 10, 2002, public hearing, City Council considered five alleys and two residential streets for the petition paving program and approved the first of three readings of an ordinance to assess on all the proposed alleys and streets. Staff mentioned they might need to make a change to the voluntary assessment program based on a preliminary opinion from the City Attorney. For that reason, staff did not ask the City 552 Regular City Council Minutes December 19, 2002 Page 553 Unit % % of Total City Cost @ City Cost @ Increased Owners Footage Cost Calculated Enhanced City Cost Signed Signed Rate Rate Petition Petition (not signed) Calculated Rate (signed) A-462-42 88% 86.5% $51,587 S5,202 $9,498 $4,296 loth & Quaker A-462-43 @ 75% 75.4% $21,553 $2,353 $5,598 $3,245 56th & Memphis A-462-44 @ 80% 77.8% S42,832 $4,614 S 10,445 $5,831 85" & Quaker A-462-45 @ 61.9% 63.7% $28,585 $2,245 $8,818 $6,573 77th & Slide A-462-46 @ 76.9% 84.9% $27,749 $5,066 S7,415 S2, 349 8th & Salem 2236-01 57.1% 62.9% S26,110 $7,147 S 11,022 S3,875 251h Street 2236-02 57.1% 49.2% $72,524 S13,540 $30,060 S16,520 26`1' Street TOTAL S270,940.00 S40,167.00 :15821856.00 S42,689.00 Council to set the assessment rate as is typically done after the public hearing. The final opinion from the City Attorney was that the City cannot assess a property owner any more than the enhancement value set by an appraiser unless they sign an agreement to pay more than the enhancement rate. Without the ability to involuntarily assess property owners at the higher "calculated rate," the City's participation will increase. Council may want to proceed with the current program with a higher City cost or suspend the current program until Council has made revisions to its paving policies and then consider the current petitions under the revised policy. If Council goes forward with the current program, staff recommends that the percentage of property owners' frontage voluntarily assessed at the higher rate be maintained within 5% of the percentage of voluntary participation in the original petition. Also, Council will need to set the involuntary assessment rate at an amount per front foot no more than the enhancement rate. The following table shows the amount of City participation for each alley and street under the previous policy and with the change, and the original petition percentages. 553 Regular City Council Minutes December 19, 2002 Page 554 Direct staff on the following items: 1. Move forward with this program as outlined above, or suspend the current paving program until Council has determined revisions to current paving policies. If Council chooses to go forward with this paving program, then 2. Set the paving rates for this program. The recommended rates are as follows: Alleys: Voluntary "calculated rate" $16.00 per foot Involuntary assessment (enhancement) rate $ 5.00 per foot Streets: Voluntary "calculated rate" $16.50 per foot for paving, plus $ 8.00 per foot for curb and gutter Involuntary assessment (enhancement) rate $ 7.40 per foot for paving, plus $3.60 per foot for curb and gutter 3. Require owners of a specified percentage of footage to sign the voluntary agreement to pay for the paving improvements at the "calculated rate". The recommended percentage of footage for signatures is within at least 5% of the footage signed by the original petitioners requesting their paving improvements. 4. Establish a deadline for the owners to submit their signed agreements (contracts) to the City. Should the prescribed percentage of property owners not execute the voluntary agreement by a certain deadline, that individual alley or street paving unit will be deleted from the paving program. After that deadline has passed, the staff will go forward with the bidding of the units remaining on the program. If bids come in lower than the estimated bid prices used in calculating the rates, the "calculated rates" will be reduced accordingly. The staff recommends January 24, 2003 as the deadline for the property owners to secure the required signatures on the voluntary agreement to pay for the paving improvements. A-462-42 East-West alley between l01h Street and 111h Street from Salem Avenue east to Quaker Avenue Mayor McDougal stated that earlier in citizen comments, a citizen requested reopening the public hearing on this matter. No Council Member wanted to reopen the public hearing. Motion was made by Council Member Cooke, seconded by Council Member Martin to pass on second of three readings A-462-42 of Ordinance No. 2002-00111 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. A-462-43 East-West alley between 561h Street and 57th Street from Memphis Avenue west to Nashville Avenue A-462-45 U-shaped alley between 77th Street/York Avenue and 781h Street/Zoar Avenue from Slide Road to 791h Street 554 Regular City Council Minutes December 19, 2002 Page 555 East-West alley between 8" Street and 9th Street from Salisbury Avenue east to Salem Avenue A-462-46 2336-001 2336-002 251h Street from Milwaukee Avenue east to La Salle Avenue 26th Street from Milwaukee Avenue east to Kewanee Avenue Motion was made by Council Member Morrison, seconded by Council Member Hernandez to pass on second reading Ordinance No. 2002- 00111 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. A-462-44 U-shaped alley between 85th Street and 861h Street/Oxford Avenue from 85th Street to Oxford Avenue Motion was made by Council Member Martin, seconded by Council Member Boren to pass on second :reading Ordinance No. 2002-00111 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. The next item considered was Item 40. ORDINANCES FOR PASSAGE PUBLIC HEARINGS 11:10 A. M. (31.) Ordinance No. 2002-00138 - ZONE CASE NO. 1756-F (3115 2°d Street): Hold a public hearing to consider request of Hugo Reed and Associates for Royal Properties for a zoning change from R-1 to A-2 (for apartments) on an 0.83-acre tract of land out of Section 20, Block A and Block 1, Westhaven Addition, and to consider ordinance. ORDINANCE NO. 2002-00138 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.1756-F; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON A 0.83-ACRE TRACT OF LAND OUT OF SECTION 20, BLOCK A AND BLOCK 1, WESTHAVEN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 41. Mayor McDougal opened the public hearing at 11:10 a. in. Terry Holman of Hugo Reed and Associates appeared on behalf of Royal Properties. Elec and Cruz Trevino gave comments concerning the zoning change request. Both stated they didn't want the apartments built in their area. They also stated if they are built, "good fencing" is a necessity. Mayor McDougal closed the hearing at 11:44 a. in. The developers of Raider Pass are in contract to acquire this city block and are proposing an expansion of the existing student housing project. A church currently occupies the entire block. The Commission delayed the request one month to allow a meeting between Royal Properties and adjacent single-family property owners. Adjacent owners have presented a litany of complaints regarding the existing apartment complex and expressed concern about an expansion. The proposed expansion presents an opportunity to address some of the complaints on the existing property, as well as avoid the issues on the new expanded portion. The representatives of Royal Properties met with a neighborhood group and discussed their concerns in several meetings. One of the ironies of this request is that, without approval, several of the existing concerns of the residents will not be addressed because the 555 Regular City Council Minutes December 19, 2002 Page 556 proposed conditions of this case include off site requirements. Included in the neighborhood comments were: • Speeding and increased traffic on 2nd Street — an issue not within the direct control of the proponent. Royal Properties will submit a letter to the Council apart from the zone case to recommended things the City of Lubbock should consider to alleviate some of the problems. • Parking on 2nd Place and entering the property through a back gate (that is open only on trash collection days), or jumping the fence to visit someone in the apartment complex. • Noise and other activities in the parking lot adjacent to homes on both 2nd Street and 2nd Place. Adjacent land uses include: North single family South Raider Pass East single family West — Raider Pass The proposal is acceptable within most of the concepts of the Comprehensive Land Use Plan. To the west, apartments exist up to 2nd Street all the way to Indiana. If approved, a minor change to the existing Plan is the case is recommended for approval. One notable exception for Comprehensive Plan change criteria is that any change to the Plan be acceptable to adjacent existing owners who have already made an investment in their property. The person living next to the project on 2nd Place stated in the meeting that he is reasonably agreeable to the proposed conditions. Several residents on 2nd Street requested a brick fence "like Whisperwood" along 2nd Street. A screening fence is not required along 2nd Street by the Zoning Code. Although Royal is proposing a solid screening fence on the portion of the project adjacent to parking lots, Royal Properties has indicated that the expense of a brick fence along 2nd Street is not financially acceptable and that they will abandon the project if a condition of approval is the brick fence. The proposed development will comply with the criteria of the A-2 district if the request is approved. The existing facility is oriented toward students and many of the amenities within the site are targeted at serving the student residents. The additional units are proposed with no parking between the buildings and 2nd Street. That area will be landscaped. Development to the east and west of Raider Pass has been apartment oriented for many years with the Texas Tech student in mind. This location is one of few that the students can walk to campus quicker than parking in the remote commuter lots. The closure of Geneva and 2nd Place is proposed by this request and residents of the Raider Pass will not have direct access to 2nd Street. The only access other than 41h Street on the south and Hartford on the west is an existing gate where the proposed cul-de-sac on 2nd Place is located that is only open on days when the City solid waste truck needs to exit the alley between 2nd Street and 2nd Place. It is not open for 24-hour daily use. The staff supported the request subject to some level of agreement between the neighbors and the apartment owners. The staff would propose conditions that address several of the neighborhood complaints: • Although a portion of the land affected by this zone case is outside the case limits, the staff proposes, in addition to a solid screening fence that is a Code requirement on the east boundary, that a solid fence extend from the south property line of 3rd Street, around the new proposed cul-de-sac, to just short of 2nd Street. The proposed project actually closes 2nd Place and Geneva, reducing the amount 556 Regular City Council Minutes December 19, 2002 Page 557 of traffic that may be using the streets now as a route to the Hartford gate. • A condition should indicate that the gate in the fence to the cul-de- sac and the alley gate should be opened only on the days that the Lubbock Solid Waste department needs to use the exit from the alley between 3rd Street and 2nd Place." • Noise in the parking lot adjacent to homes on both 2nd Street and 2nd Place. For the new project, the design of the new buildings will shield the parking lots from 2nd Street. A proposal by Royal at the Planning Commission meeting was, in deference to the residents north of 2nd Street, to install a solid screening fence from Hartford to the west to the east end of the parking lot. This would leave only the portion of the new project that is buildings and landscaping visible from 2nd Street. Royal is investigating materials, but re-emphasized their objection to brick. The Planning Commission, after much discussion, recommended approval of the request with the following conditions: (1) In addition to a solid screening fence that is a Code requirement on the east boundary, that a solid fence be erected to extend to the south property line of 3rd Street, around the new proposed cul-de- sac, from 2nd Street. (2) The gate in the fence to the cul-de-sac and at the alley should be opened only on the days that the Lubbock Solid Waste department needs to use the exit from the alley between 3rd Street and 2nd Place. (3) Royal Properties shall work with the owners of homes on 3rd Street, 2nd Place, and 2nd Street to block the four and one-half foot "no man's land" between the adjacent properties. (Note: An error in survey has produced a four and one-half foot strip between the Royal property line and the adjacent owners' fences that students are using for access north and south. Blocking that access in cooperation with the adjacent owners would stop that activity.) (4) Develop landscaping on the new area along 2nd Street that will provide an additional buffer for the adjacent single family residential. (5) Royal Properties shall provide additional monitoring of noise related activities in the parking lots from 10 p.m. to 8 a.m. (6) The project will be tied to the site plan as proposed within Zone Case 1756F with the potential of minor adjustments of the building location. (7) Provide a solid screening fence from the Hartford corner on the west to the east end of the existing and proposed parking lot along 2nd Street. (Note: The Commission directed the proponent to discuss materials with the Council at the next hearing, since the neighbors and Royal are at an impasse regarding the fence being brick. Royal is investigating several possibilities.) Randy Henson, Senior Planner, gave staff comments. Staff recommended approval of this ordinance. Motion was made by Council Member Hernandez, seconded by Council Member Martin to pass on first reading Ordinance No. 2002-00138 as recommended by staff with the following conditions: Any and all conditions that Planning and Zoning placed on it; in addition, making sure that brickcrete as described to Council be placed as noted on the diagram from Hartford Avenue to the beginning of new construction (outlined in 557 Regular City Council Minutes December 19, 2002 Page 558 yellow); in addition to brickcrete being used on the east side of project from Second Street to Second Place only; and, that the "No Man's Land" (4-1/2 feet located on east side of project) be dealt with. Motion carried: 6 Yeas, 0 Nays. (32.) Ordinance No. 2002-0 - ZONE CASE NO. 2955 (2623 34" Street): Hold a public hearing to consider request of Lamar Outdoor Advertising for a zoning change from C-3 to C-4 Specific Use to allow a billboard that will be closer than 80-feet to a residential property on Lot 10, Block 1, Lisemby Addition, and to consider ordinance. This item was continued. (Note: The proponent is requesting a continuance to the January 23, 2003 agenda. A letter from Lamar is in Council backup.) The request proposes that a nonconforming billboard become a permitted use on a parcel west of Boston on the north side of 34th Street. The structure remains as a nonconforming use established prior to adoption of the current zoning code in 1975 and subsequent legal agreements. Presentations by Lamar and supporters of Lamar focused on the need for a viable number of billboards around the community to remain a viable business, the value of outdoor advertising to our business community and the traveling public, the value of rent to the landowners where the billboards are located, and the fact Lamar has an employee base that will be lost if the company is not able to continue doing business in Lubbock. No individuals spoke in opposition to the request. When the 1975 ordinance was passed, billboards as a land use were placed in two districts: 350 square foot boards are allowed in C-4. 700 square foot boards are allowed in M-1. Billboards are not treated as a sign on property but as a permitted land use. Thus, a C-4 designation is needed on this property to make the billboard a conforming use. The 1975 ordinance provided a 6.5-year period that allowed nonconforming signs to remain, referred to as an abatement period. The legal function of abatement allows the value of the sign to be amortized as a business expense before having to be either removed or brought into compliance. In the case of billboards, the time frame was longer than presented by the sign industry as necessary to recoup construction cost. Litigation and state legislative activity that followed the 1975 adoption produced two important items related to many of the billboards that were to come down by 1982: The zoning ordinance was challenged in Federal court explicitly related to billboards and the restriction of the use to C-4 and M-1 Districts. The challenge was based on freedom of speech, the takings clause, public safety issues and other items of law. The Lubbock District Federal Court and the 5th Circuit Court of Appeals upheld the new ordinance as a valid function of land use regulation. For those interested in the history of the sign ordinance, the Supreme Court denied certiorari, which in effect means that the 5th Circuit decision became the law. While Lubbock is no longer at the forefront of sign control, since many cities in Texas and other states have actually banned billboards and have more restrictive sign requirements, many of the sign ordinances in Texas used the Lubbock Court case as a basis for their original content. 558 Regular City Council Minutes December 19, 2002 Page 559 • In about 1985, the state legislature enacted law that created another round of possible litigation. The state law created a special municipal sign control board that had the responsibility of determining value and the "entire useful life" (versus value of the materials) of all signs that remained nonconforming because of the 1975 ordinance. The legislation was complex, but the sign industry was successful in having state law either interfere with or override local zoning ordinances. Long story short, the Municipal Board of Sign Control and the outdoor advertising industry agreed to a District Court approved settlement regarding the existing signs and when they would be removed. The 1986 Stipulation agreement between the Municipal Board of Sign Control and Lubbock Outdoor (the original company later owned by Martin Outdoor and now by Lamar) was approved. The Stipulations indicated which billboards were legal at the time (the number was 40), a group of nonconforming billboards but would be made conforming or taken down, and which boards would be taken down or made conforming in future years. The future groups of boards were outlined in groups having years of "useful life": 38 (1986/87/88), 2 (August, 1995), 3 (November, 1998), 26 (Feb./March, 2002 — the current batch), 27 (August/September, 2008) and 3 (March, 2015). The Stipulations were made a part within the Court Order. Lamar submitted information in the zone case that differs with the staff understanding of the numbers of boards affected. Their numbers appear to exclude the boards already removed versus a reflection of the original stipulations. A staff memo on the complete stipulation numbers is in backup. Lamar inherited the agreement when the company was purchased. Current employees of Lamar were with Martin Outdoor but may or may not have been directly involved with the stipulations. In addition, the due diligence by Lamar during the purchase process should preclude any statement of the company not being aware of the agreement until recently. As noted, the removal date for the sign in question was February 28, 2002. The document indicates that "no later than 30 days prior to the successive yearly dates provided for the compliance or removal of signs listed in Part II of Exhibit B, Lubbock Outdoor, Inc. will provide the City of Lubbock with its final list of which of the signs on Part II will be in compliance or removed by the next immediate compliance date". Lamar began meeting with the staff in February 2002, and was asked to provide a list of billboards they planned to file zone or ZBA cases to allow the use to continue and which structures are going to be removed. That list was submitted in September 2002. This zone case is the first of the requests of the structures that will be requested to remain. The Stipulations do indicate that either removal or compliance is an acceptable resolution. As noted, this zone case is an attempt at compliance versus removal for this billboard. This request is not consistent with Comprehensive Land Use Plan Policy. The Plan contemplates that "commercial land uses which serve a city-wide or regional market shall be located on regional thoroughfares or expressways". The city wide or regional zoning district is C-4, and 34th Street is not a regional thoroughfare. The sign is not placed according to the principles of the Comprehensive Land Use Plan and is not in concert with a majority of the land uses in the vicinity. The staff position in this request does not infer 559 Regular City Council Minutes December 19, 2002 Page 560 that some of the nonconforming locations will make legitimate future zone or ZBA cases, As a note, the request is filed as C-4 Specific Use versus C-4 since the current billboard does not meet one of the criteria for billboards located in C-4, that is being located a minimum of eighty feet from any residentially zoned property line. The single-family lot to the north is approximately 50 feet from the edge of the board. At this location, the Planning staff is of the opinion that the request should be denied because: 1. Incompatibility with both adjacent commercial uses and the residential to the north as well as lack of adherence to the Comprehensive Land Use Plan guideline regarding the location of C-4 zoned property. 2. The stipulation should be honored on the basis of the original timetable proposed by the poster company outlining the "entire useful life" of the sign. The court agreement suggests that the useful economic life or value of the billboard has come to an end and now is a good time for the parcel to conform to Comprehensive Land Use Plan policy. In addition, the daughter of the property owner indicated during the hearing that the parcel will be sold in the near future, and the new owner will not have become dependent on the rent. The billboard has been at this location since prior to 1975. The staff is not contending that the billboard does not contribute to the continuing revenue stream of Lamar Outdoor. The Planning Commission, after a brief discussion of business viability for Lamar and related information, recommended approval of the request to the City Council. The staff will maintain the position that this particular site is not prime for location of a billboard. Testimony during the hearing outlined the value of informing travelers entering Lubbock, and direction to various business locations. A sign at 34`h and Boston does not seem to fit those criteria. The staff recommends denial of the request. (33.) Ordinance No. 2002-00139 - ZONE CASE NO. 2956 (east of MLK Blvd. and south of East 61h Street): Hold a public hearing to consider request of Christopher S. Moore for Victory In Praise Church for a zoning change from R-1 to A-2 limited to a church and church -related uses on an unplatted 4.8-acre tract of land out of Section 4, Block 0, and to consider ordinance. ORDINANCE NO. 2002-00139 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2956; A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO CHURCH USES, ON AN UNPLATTED 4.8 ACRE -TRACT OF LAND OUT OF SECTION 4, BLOCK O, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:45 a. m. No one appeared in opposition. Mayor McDougal closed the hearing at 11:46 a.m. The request will accommodate a church. Adjacent land uses: North — vacant South — vacant 560 Regular City Council Minutes December 19, 2002 Page 561 East — vacant and residential West — commercial and vacant The proposal is reasonably consistent with the Comprehensive Land Use Plan. The Plan recommended that church tracts be developed on the perimeter of neighborhoods and adjacent to thoroughfares. This proposal meets criteria for being on the perimeter of a neighborhood that exists to the east, but it is not immediately adjacent to a thoroughfare. The property to the west on 8`h Street, between the proposed church and MLK, is developed as a heavy commercial laundry facility. Access to the parcel on 81h Street to MLK will not affect any residential area. The proposal is consistent with zoning policy. The project should have little effect on the thoroughfare system. The Planning Commission recommended approval of the request as submitted, A-2 limited to church and church related uses. Staff recommended approval of the ordinance. Motion was made by Council Member Cooke, seconded by Council Member Hernandez to pass on first reading Ordinance No. 2002-00139 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (34.) Ordinance No. 2002-00140 - ZONE CASE NO. 2178-F (south of 105th Street and west of Indiana Ave.): Hold a public hearing to consider request of Bernie Gradel, Jr. for Craft Development for a zoning change from R-1, R-1 Specific Use, and A-1 to R-1 Specific Use for garden homes with 5-foot front setbacks on cul-de-sac lots and 5-foot side setbacks on corner lots on proposed Lots 89 through 190, and to consider ordinance. ORDINANCE NO.2002-00140 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2178-F; A ZONING CHANGE FROM R-1, R-1 SPECIFIC USE AND A-1 TO R-1 SPECIFIC USE FOR 15 FOOT FRONT SETBACKS ON REGULAR LOTS, 5-FOOT FRONT SETBACKS ON CUL-DE-SAC LOTS AND 5-FOOT SETBACKS ON CORNER LOTS ON PROPOSED LOTS 89 THROUGH 190, HIGHLAND GARDENS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:45 a. in. No one appeared in opposition. Mayor McDougal closed the hearing at 11:46 a. in. The proposal will allow development consistent with the north portion of the subdivision already zoned for garden homes, as well as the balance of the subdivision that is traditional single family. The request was initially submitted for a Specific Use Permit for garden homes that would be built with traditional five-foot side setback. The objective was to use the 15 foot front set back allowed in garden home zoning to place an additional ten feet in the back yard since all the homes are accessed from the alley. Several existing residents are uneasy about the "garden home" designation, so the proponent and staff are recommending that the request be amended to a Specific Use Permit for single-family homes with specifications for setback that will meet the objective of both the neighbors and the developer. The proposed setback for the permit includes: 1. Fifteen feet of front setback for standard lots. 2. A five-foot minimum setback on cul-de-sac lots. 3. A five-foot minimum setback from side streets on corner lots, including the back yard fence adjacent to the side street. 561 Regular City Council Minutes December 19, 2002 Page 562 An additional condition will ensure that no substandard parking will occur in the front of the homes: 4. No head -in parking stalls will be permitted from the front street of any lot. Circle drives may be constructed if no parking will encroach in the public right of way. Adjacent land use is residential in all directions. The proposal is consistent with the Comprehensive Land Use Plan and zoning policy. A majority of recent subdivisions have been zoned to allow a twenty -foot front setback, and fifteen is allowed in garden home areas. The public interest should not be affected by the proposal. The adjacent residents that have twenty or twenty five-foot setbacks have expressed approval for this change as amended. The project will not have a negative effect on the thoroughfare system. The Planning Commission recommended the request with four conditions: 1. A fifteen -foot of front setback for standard lots. 2. A five-foot minimum setback on cul-de-sac lots. 3. A five-foot minimum setback from side streets on corner lots, including the back yard fence adjacent to the side street. 4. No head in parking stalls will be permitted from the front street of any lot. Circle drives may be constructed if parking will not encroach in the public right of way. Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Hernandez to pass on first reading Ordinance No. 2002-00140 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (35.) Ordinance No. 2002-00141 - ZONE CASE NO. 2934-A (south of 109" Street and west of Grover Ave.): Hold a public hearing to consider request of Bernie Gradel, Jr. for Craft Development for a zone change from R-1 Specific Use to R-1 Specific Use for garden homes on an unplatted 4.08-acre tract of land out of Section 21, Block AK, and to consider ordinance. ORDINANCE NO. 2002-00141 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2934-A; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES ON AN UNPLATTED 4.08-ACRE TRACT OF LAND OUT OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:45 a. in. No one appeared in opposition. Mayor McDougal closed the hearing at 11:46 a. in. The developer of this area is adjusting the zoning to allow construction of garden homes. No homes are built in the area at this time. Adjacent land use is vacant in all directions. The proposal is consistent with the Comprehensive Land Use Plan and zoning policies. The proposed garden homes are simply a different style of single-family homes. The proposal will have no effect on the thoroughfare system The Planning Commission recommended approval of the request. Staff recommended approval of this ordinance. 562 Regular City Council Minutes December 19, 2002 Page 563 Motion was made by Council Member Cooke, seconded by Council Member Hernandez to pass on first reading Ordinance No. 2002-00141 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (36.) Ordinance No. 2002-00142 -ZONE CASE NO. 2161-H (south of 861h Street and west of University Ave.): Hold a public hearing to consider request of Bernie Gradel, Jr. for Hale County State Bank for a zoning change from A-1 to C-3 for a bank on an unplatted 4.21-acre tract of land out of Section 13, Block, E-2, and to consider ordinance. ORDINANCE NO.2002-00142 _ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2161-H; A ZONING CHANGE FROM A-1 TO C-2 ZONING ON A BANK ON AN UNPLATTED 4.21-ACRE TRACT OF LAND OUT OF SECTION 13, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:45 a. in. No one appeared in opposition. Mayor McDougal closed the hearing at 11:46 a. M. This parcel is north of a new home health office building and south of existing commercial tracts on 86th Street. Adjacent land uses: North — commercial South — garden office East — residential West — a playa lake The parcel is south of the area contemplated as commercial on the current Comprehensive Land Use Plan. After the original Furr's commercial/office park proposal did not materialize, the area to the north noted on the Comprehensive Land Use Plan as commercial has evolved into a major shopping area with a cinema as the anchor and numerous freestanding commercial business locations. The amount of land allocated as commercial on this southwest corner of 82°d and University is well above the typical ten acres, but older commercial on the east side of University allowed for commercial to remain across from commercial. This parcel, as well as the area to the south, was targeted for apartment development because the lack of depth between University and the lake made development as single family. This request is filed as a result of the parcel apparently not being marketable for apartments. The single land use issue the staff has with the request is that single family exists across University to the east for a portion of the parcel. Currently the line of demarcation between residential and commercial is even, just south of 86th Street. That said, the Commission seemed convinced that commercial will not have a negative effect on the property to the east, the parcel is boxed in to the south and west with uses that will not be affected. If approved, unless the proponent can verify that C-3 is needed, the staff would recommended that C-2 be substituted. The proposed use for a bank site is included in C-2 and most other local retail uses that will want to occupy the site are included in C-2. Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Hernandez to pass on first reading Ordinance No. 2002-00142 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (37•) Ordinance No. 2002-00143: Hold a public hearing to consider an ordinance regarding an amended process and the requirement of a public hearing prior to moving structures from any area inside or outside of Lubbock to another location within the city limits. 563 Regular City Council Minutes December 19, 2002 Page 564 ORDINANCE NO.2002-00143. AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING SECTIONS 29-30(e) AND 29-28 (f) (2); REQUIRING A SPECIAL EXCEPTION FOR THE MOVING OF BUILDINGS OTHER THAN MOBILE HOMES, MANUFACTURED HOUSING, MODULAR HOUSING, OR NEW READY BUILT HOUSING, AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES TO ADD A NEW SECTION III TO CHAPTER I OF THE UNIFORM BUILDING CODE WITH REGARD TO BUILDINGS TO BE MOVED; AND AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, TO ADOPT THE 2003 PROPERTY MAINTENANCE CODE WHICH INCLUDES HEARING PROCEDURES FOR FAILURE TO COMPLY WITH A MOVING PERMIT; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:45 a. m. No one appeared in opposition. Mayor McDougal closed the hearing at 11:46 a. M. A proposal for amending the process for moving structures within and into the City of Lubbock is recommended from the Planning Commission, with details as outlined below. The proposed ordinance was also reviewed with the Building Board of Appeals, where letters invited all of the movers listed in the phone book. Three movers attended and discussion after the meeting found little comment other than disgruntlement from those individuals. They had more complaints about the process of getting approval for a moving permit from utility companies that the proposed ZBA hearing process. The full -proposed ordinance is in backup. Outline: • Section 1 makes it illegal to move a building within or into the City without ZBA approval of a conditional use. Excluded from the ordinance are mobile homes, manufactured homes, new ready built homes, accessory buildings (shops, etc) and temporary construction site buildings. The ZBA already has jurisdiction on approval of mobile/manufactured homes in any zoning district other than trailer parks or mobile home subdivisions. • Section 2 creates the process for processing the exception by the Zoning Board of Adjustment. Notice to neighbors and the structural, size, exterior and other related items are outlined as being a part of the review. If approved, a list of improvements will become a part of the building permit as well as the generic requirement of the structure being required to meet all of the building codes. Section 3 amends the building code to follow suit with the limitation of moving structures as well as an enhanced investigative report. The report will be used by the ZBA as part of the basis for their decision making process. The section specifies that any structure that is not approved by the ZBA may only be moved outside the City, and not within 5,000 feet of the current city limit. This dimension coincides with a current distance required of any structure that is ordered demolished by the Structural Standards Commission but the owner chooses to remove the building from the City. The section enhances the requirements of site maintenance for the site from which the building is moved — utility disconnect, safeguards, fill of any excavation, drainage and trash removal. The section reinforces the requirement that a structure shall meet the current building codes applicable to the type of structure. A 90-day period for completion of the work is established, after the structure is set on the 564 Regular City Council Minutes December 19, 2002 Page 565 foundation. Unless the Building Official determines that extenuating circumstances (weather, off site conditions, utility issues) warrant an extension of the 90 days, the Building Official refers the structure directly to the Structural Standards Commission. • The balance of the proposed ordinance amends the process for placing the structure on the SSC agenda. Normally, when Business and Neighborhood Development determines that a structure should be placed on the agenda, a two or three-month process of deed research is required to meet legal requirements. Since we will already know the owner, the case will bypass that research and go on the next available agenda. The SSC has the ability to order a new timetable for finishing the project or immediate demolition. Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Hernandez to pass on first reading Ordinance No. 2002-00143 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Martin stated that he would like to suggest that staff be instructed to bring back to the next meeting an ordinance revision stating that the movers would post a $10,000 cash bond before they move any structure. Upon successful completion of the move, they would get the money back. Amy Sims, Assistant City Attorney, stated this would be a separate code provision and they would bring this back as a separate ordinance. Special 11:48 A. M. Mayor McDougal left the dais. (38.) Hold a public hearing to consider the request of Texland Petroleum for an Oil Drilling Permit on a tract of land located approximately 2,660 feet north and 1,746 feet west of the southeast corner in Section 1, Block D-4, Lubbock County, Texas. Designation of well is Texland- CLU #48-4. Mayor Pro Tern Hernandez opened the public hearing at 11:48 a. m. Dub Bratcher appeared on behalf of Texland Petroleum. No one appeared in opposition. Mayor Pro Tern Hernandez closed the hearing at 11:59 a. m. (39.) Consider approval of an Oil Drilling Permit for CLU #48-4. The application is in order. The request is for an additional well to enhance a secondary recovery pooled unit. Texland proposes earth sludge pits and no landscaping at the well site. The blowout protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County. Access to the drill site and storage site is proposed from Kent on private property. SHORT TERM IMPACTS: A minimum of impact is expected for the short term since the area is uninhabited and current use is agricultural. The well and storage site are remote from any existing residential development. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated single-family on the Comprehensive Land Use Plan. At least eight existing wells are in the immediate area. No known prospects for development exist in this square mile. Few long- term negative impacts are anticipated. The staff recommended approval subject to the following conditions: 565 Regular City Council Minutes December 19, 2002 Page 566 RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set to 400 feet or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a depth of 400 feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first, and if used, the second series of casing of the well shall be in compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texland Petroleum for CLU #48-4. Staff recommended approval of the permit. Motion was made by Council Member Cooke, seconded by Council Member Morrison for approval of an Oil Drilling Permit for Texland CLU #48-4. Motion carried: 5 Yeas, 0 Nays. (40.) Resolution No. 2002-RO563 authorizing the Mayor to execute a professional services contract with Parkhill, Smith and Cooper, Inc. in an amount not to exceed $23,640 for the Burgess -Rushing Tennis Center Expansion Feasibility Study. RESOLUTION NO.2002-RO563 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT THE MAYOR OF THE CITY OF LUBBOCK IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE FOR AND ON BEHALF OF THE CITY OF LUBBOCK A PROFESSIONAL SERVICES AGREEMENT (SCOPE OF WORK/EXPANSION FEASIBILITY STUDY) FOR THE BURGESS -RUSHING TENNIS CENTER WITH PARKHILL, SMITH & COOPER, INC., AND ANY ASSOCIATED DOCUMENTS, A COPY OF WHICH PROFESSIONAL SERVICES AGREEMENT IS ATTACHED HERETO AND WHICH SHALL BE SPREAD UPON THE MINUTES OF THIS COUNCIL AND AS SPREAD UPON THE MINUTES OF THIS COUNCIL SHALL CONSTITUTE AND BE A PART HEREOF AS IF FULLY COPIED HEREIN IN DETAIL. Passed by the City Council this 19th day of December, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Community Pemberton Corbin Pemberton, Community Projects Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0563. This item was considered following Item 30. 566 Regular City Council Minutes December 19, 2002 Page 567 In October 2002, the City of Lubbock published Request for Qualifications (RFQ) 240-02/RS for a feasibility study for the expansion of the Burgess -Rushing Tennis Center (BRTC) to include the addition of eight tennis courts (four of which will be covered), parking improvements, lighting improvements, and a new pro shop. If feasible, these improvements would allow the BRTC to compete for multiple United States Tennis Association events each year. Participation for each event includes up to 800 participants plus coaches and spectators. The Feasibility Study will be utilized for fund-raising efforts as well as for potential consideration in a future Capital Improvements Program. Responses to the RFQ were received from the following six design teams (in alphabetical order): • Chapman Harvey, Architects, Lubbock • HH Architects, Dallas • McKinney Architects, Inc., Austin • Parkhill, Smith and Cooper, Inc., Lubbock • MESADesign Group, Dallas • SLS Partnership, Inc. Lubbock A five -member committee was formed to evaluate the qualifications of the responding firms. The evaluation committee is comprised of: 1. Randy Truesdell, Park and Recreation Director 2. Larry Hertel, City Engineer 3. Brett Glenn, Landscape Architect 4. Ivette Eads, Outdoor Recreation Supervisor 5. Jim Blacketer, Tennis Pro, Burgess -Rushing Tennis Center After reviewing the qualifications, staff has selected Parkhill, Smith and Cooper (PSC) as the most qualified firm. The decision is based on PSC's team organization and expertise, including previous experience directly related to this project as well as their ability to resolve design problems specific to the project. The firm's success in completing similar projects consistent with program schedule, budget, and technical requirements was also a factor in the decision. Services provided by the architect/engineer will include: I . Master plan based on stakeholder input This will include an on -site workshop with the design team, City staff and the various user groups to establish goals, objectives and a final program for the overall design and operations of the Tennis Center. Based on the input, two conceptual drawings will be presented in order to achieve a consensus plan. A final Master Plan document will be presented to the City. 2. Flood plain and drainage analysis This scope of work will be coordinated between the City of Lubbock Storm Water Management Team and the Parks and Recreation Department to ensure that the floor levels of all facilities will be set above the 100-year flood plain elevation. 3. Schematic design This scope of services will include two different schemes for a proposed new pro shop based on user group input. A conceptual layout and expansion plan for the parking lot will also be included that will meet the accessibility guidelines of the Texas Department of Licensing and Regulations (TDLR). 4. Opinion of Probable Cost 567 Regular City Council Minutes December 19, 2002 Page 568 The scope of work includes providing cost estimates for all new construction. The opinion of probable cost will be included in the Master Plan document. The fee for the services will not exceed $23,640. To assist with fund raising efforts and for possible consideration in the upcoming Capital Improvements Program, the final Master Plan is scheduled to be presented to the City of Lubbock on March 3, 2003. Council Member Martin asked where the funds are available and were these budgeted? Corbin Pemberton, Community Projects Manager, said a $25,000 capital project that was approved by Council with funding starting October 1. Staff recommended approval of this resolution. Motion was made by Council Member Boren, seconded by Council Member Hernandez to pass Resolution No. 2002-RO563 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Morrison was away from the dais. (41.) Resolution No. 2002-RO564 authorizing the Mayor of the City of Lubbock to execute for and on behalf of the City of Lubbock an Agreement between Frito Lay, Market Lubbock, Inc., and the City of Lubbock in regard to the installation of a wastewater primary clarifier system. RESOLUTION NO.2002-RO564 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with Frito Lay and Market Lubbock, Inc. for the installation of a wastewater primary clarifier system, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 19th day of December, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2002-R0564. Lubbock Frito Lay employs approximately 305 people in Lubbock with a $9.7 million annual payroll. The average annual salary at the Lubbock Frito Lay plant is approximately $32,000 per year, not including benefits. Frito Lay has a very diverse and stable workforce with an ethnic makeup of 50% Hispanic, 6% African American, and 44% Caucasian/Other. Regular City Council Minutes December 19, 2002 Page 569 The City of Lubbock and Market Lubbock, Inc. were approached by Lubbock Frito Lay to assist them in addressing some issues that are hindering the plant's competitiveness with other Frito Lay plants. Each plant operates as a separate profit center and "bids" to produce new product lines. `Bids" are won by plants that have the lowest production costs. Being 40 years old, the Lubbock plant is at a competitive disadvantage and will become more so unless substantial improvements are made. A key issue is the sewer surcharge that Frito Lay pays the City. It has increased substantially over the last few years as the City's costs to process commercial effluent have gone up and water consumption, which plays heavily in sewer surcharge calculation, has increased. Frito Lay has asked for assistance from both the City of Lubbock and Market Lubbock, Inc. in order to resolve this issue. Frito Lay plans to invest approximately $6.0 million in upgrading the plant during the next three years. Part of this investment is for an effluent pretreatment system (clarifier), at a cost of $2.5 million. It will remove much of the solids currently going into the City's sanitary sewer system, thereby reducing the surcharges that Frito Lay pays by 2/3. In order to make this large investment in a small plant in their system, Frito Lay has to demonstrate a certain return on investment for the funding to be approved by the parent company, PepsiCo. In order to help Frito Lay meet their return on investment on this project, the City of Lubbock and Market Lubbock, Inc. are proposing the following: 1. Market Lubbock, Inc. will provide a $600,000 job retention incentive to be paid out over three years, with Frito Lay committing to maintain a $9.5 million payroll. The payout of the incentive will be: first year: $300,000, second year: $200,000, and third year: $100,000. The Market Lubbock, Inc. Board of Directors approved this incentive at their August, 2002 Board meeting. The City of Lubbock, through its Water/Sewer Utility, will provide to Frito Lay credit for wastewater surcharges in the amounts of $144,000 in 2002, $576,000 in year 1 (2003) and $156,000 in year 2 (2004) applied against Frito Lay's annual bill for wastewater surcharges. In order to be eligible for this credit, Frito Lay must "front" the cost of the clarifier and commit to maintain a $9.5 million annual payroll from January 1, 2003 to January 1, 2010 (seven years). If the actual cost of the clarifier is less than $2.5 million, the savings are deducted from the credits total. The proposed source of funds for the credits is to defer annual transfers from the Water/Sewer Utility to the Community Investment Fund until the credits are paid out. 2. The City and County of Lubbock have created a reinvestment zone around the Lubbock Frito Lay plant and approved a declining scale tax abatement on the new improvements. Frito Lay will invest $6.0 million in upgrading and modernizing their existing facility, which includes the installation of a new primary clarification system that will lower the load on the City system and lower Frito Lays wastewater surcharges. These investments will improve the ability of the Lubbock plant to compete within the Frito Lay system and help maintain the viability of this Lubbock employer in the future. Richard Burdine, Assistant City Manager, gave staff comments. Staff recommended approval of this resolution. 569 Regular City Council Minutes December 19, 2002 Page 570 Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2002-RO564 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 31. (42.) Resolution No. 2002-RO565 authorizing execution, for and on behalf of the City, of Lubbock, of a contract with Humphreys & Partners Architects, L.P./Parkhill, Smith & Cooper to develop the Streetscape Master Plan Guidelines for Overton Park. This item was considered following Item 39. Humphreys & Partners Architects are the architects retained by McDougal Companies, Inc. to develop the blueprint/Master Plan of Overton Park in North Overton. Humphreys & Partners have extensive experience in master plan development, community planning, multi -family housing, hotel design and single-family housing. The purpose of this resolution is to contract with Humphreys & Partners to assist the City/TIF District in developing the Streetscape Master Plan Guidelines for Overton Park. This is the responsibility of the City/TIF District and not the developer. In addition, Humphreys & Partners will contract with Parkhill, Smith & Cooper, Inc., a local firm, to provide the final design concept graphics and verbiage for the guidelines. The amount of the contract is $59,062, with reimbursables not to exceed $5,000, and will be reimbursed by North Overton TIF revenues. The major benefit will be the coordination and continuity of the overall development including design elements. As projects materialize in the future, these guidelines will assist staff when working with future developers, builders, and landscape architect companies with design standards for streetscapes in Overton Park. Staff recommended approval of this resolution. Motion was made by Council Member Cooke, seconded by Council Member Boren to pass Resolution No. 2002-RO565 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. (43.) Consider directing the City Manager to withdraw the City of Lubbock application to the Texas Commission on Environmental Quality (TCEQ) for a composting registration at Landfill #69 (Avenue P). Operations Analysis - This document and the attached spreadsheet describe three scenarios for current and/or proposed operations at the Avenue P and Abernathy landfills as follows: A. Addition of composting at the Avenue P landfill and continuation of other activities there except for operation of a Type I landfill (receiving residential and commercial garbage); B. Addition of composting at the Abernathy landfill and continuation of other activities at Avenue P except for operation of a Type I landfill; and, C. Abandoning all operations at Avenue P. Citizen Convenience Station — This operation is made available to reduce illegal dumping and offer citizens the convenience of disposing of household waste without driving to the Abernathy landfill. The City has operated a station at the Avenue P Landfill since it opened in the 1970s. The current operation is unsightly, inefficient and costly to maintain. The recently completed station is attractive, customer -friendly and efficient. Because our citizens can dispose of the waste into the top of a roll -off container, we can accept and contain more waste with less processing. Once the new operation is opened, the old operation will be 570 Regular City Council Minutes December 19, 2002 Page 571 removed. The annual operating cost estimate is $64,000. Development cost was $270,000. The station is permitted to receive 265 tons per day of commercial and residential waste. However, our policy is to accept only residential waste. Historically, we have received 25 tons per day. Without an aggressive PR and code enforcement campaign to address illegal dumping, we do not expect traffic to increase with the opening of the new station. If we abandon this operation, we expect citizen request for bulky item pickup to increase dramatically and remote areas in the City and County of Lubbock will experience more illegal dumping. A cost estimate for these impacts is not available at this time. BioSolids Composting — Staff have developed a six-month pilot program to demonstrate the effectiveness of our program. All costs per cubic yard reflect charges to the Sewer Fund to dispose of sludge since the market for compost is not known at this time. Staff has determined that a composting pilot program at Avenue P will cost far more (estimated at $47.13/ton) than traditional landfill disposal of sludge ($26.25/ton) and should not go forward at either landfill until a market for compost is clearly determined. The operating cost of the pilot program at Avenue P is approximately $120,000 less than the cost at Abernathy (see item 2., options A and B of spreadsheet). This cost difference is relatively small in the "big picture" of the City's multi -million dollar solid waste operations. Furthermore, in light of the concerns about composting expressed by residents in the vicinity of the Avenue P landfill and the New Deal ISD, composting at Avenue P is not recommended now or in the future. Cell VI — Construction and Demolition (C&D) Material Disposal — The C&D cell is permitted to accept construction and demolition debris. This includes virtually everything related to the construction industry including street demolition, housing demolition, commercial demolition, wood waste, brush, etc. The cell is not permitted to receive decomposing or hazardous waste. The C&D cell has 740,000 cubic yards of space available with only 50% the cell lined to accept waste. Based on 50 tons per day, this portion of the cell has a life expectancy of approximately seven years. Once this half of the cell has reached capacity, we may develop the remaining half at a cost of approximately $800,000. The annual cost to operate this cell is $112,000, or approximately $7.25/ton. The cost to construct the cell was $425,000. Based on a 7-year cell life, the cost per ton to recover development expenses is $4.00. To recover development expenses and annual operating costs we would charge $11.25 per ton. At 50 tons per day, we can expect to receive approximately $175,000 per year for the life of the cell. To close this cell we are required to bring it to grade within 180 days. In order to do so, we are required to fill the cell with soil and cover with topsoil for vegetation at a cost of approximately $2,220,000. If we abandon this operation, we do not expect this waste to be diverted to the Abernathy Landfill, but go to one of the private operators in the vicinity of the Avenue P Landfill. Cell V — Inert Material Disposal — The inert cell is permitted to receive brick, block, old asphalt (from which creosote has leached out due to age), and concrete (incidental rebar acceptable). In addition to inspecting or spotting loads, we are required to cover the waste in this cell at least once every thirty days. The inert cell has 154,000 cubic yards of space remaining. Based on 50 tons per day, the cell has a life expectancy of approximately 20 years. 571 Regular City Council Minutes December 19, 2002 Page 572 The annual cost to operate this cell is $16,000, or approximately $1.00/ton. The cost to construct the cell was $940,000. Based on a 20- year cell life, the cost per ton to recover development expenses is $3.00. To recover development expenses and annual operating costs we could charge $4.00 per ton. At 50 tons per day, we expect to receive approximately $62,000 per year for the life of the cell. To close this cell we must bring it to grade within 180 days. To do so in such a short time we would have to fill the cell with soil and cover it with topsoil for vegetation at a cost of approximately $463,000. If we abandon this operation, we do not expect that this waste will be diverted to the Abernathy Landfill but rather go to one of the other operators in the vicinity of the Avenue P Landfill. Post Closure Care and Gas Collection System Maintenance — Regardless of the activities occurring at the Avenue P Landfill, our permit requires that we perform post closure care and operate and maintain the gas collection system for at least the next 30 years. The annual cost of this care and maintenance is $52,000. Staff recommended that City Council direct the City Manager to withdraw the City of Lubbock application to the Texas Commission on Environmental Quality for a composting registration at Landfill #69 (Avenue P). Once staff determines the market value of compost produced with the feedstock available to the City, we may ask the City Council to consider authorizing an application to TCEQ to conduct composting at the Abernathy landfill. Staff further recommended that the citizen convenience station, construction and demolition disposal cell and the inert material disposal cell be operated at Landfill #69 as planned. Discontinuing these operations will make refuse disposal for Lubbock citizens much less convenient, lose a substantial investment already made at Avenue P (approx. $1.7M) and impose large and unbudgeted closure costs on the City's Solid Waste Fund (approx. $2.7M). Richard Burdine, Assistant City Manager, gave staff comments. Motion was made by Council Member Boren, seconded by Council Member Cooke to directing the City Manager to withdraw the City of Lubbock application to the Texas Commission on Environmental Quality (TCEQ) for a composting registration at Landfill #69 (Avenue P) as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (44.) Resolution No. 2002-R adopting the user fee system for Alan Henry, the Sam Wahl Recreation Area, and the LAH Wildlife Mitigation Area. This item was deleted. (45.) Resolution No. 2002-RO566 adopting a Prairie Dog Management Plan for the Lubbock Land Application Site. RESOLUTION NO. 2002-RO566 WHEREAS, the City of Lubbock owns and operates a sewage effluent land application site (the "LLAS) located in Lubbock County, Texas; and WHEREAS, said LLAS is occupied by extensive prairie dog towns of Cynomys lluovicianus (black -tailed prairie dog); and WHEREAS, it is necessary that the City manage the prairie dog population on LLAS in order to ensure that the LLAS can be effectively, efficiently and agronomically operated; and WHEREAS, the City Council desires that no burrowing owls be harmed in the course of managing the prairie dog population at LLAS; and 572 Regular City Council Minutes December 19, 2002 Page 573 WHEREAS, the City Council believes that the prairie dog population at LLAS can best be managed in accordance with the attached Prairie Dog Management Plan; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE OF LUBBOCK: THAT the management of the prairie dog population at LLAS shall be in accordance with the attached Prairie Dog Management Plan, which Plan is hereby approved and adopted by the City Council of the City of Lubbock. Said Prairie Dog Management Plan shall be spread upon the minutes of the Council and shall be a part of this Resolution for all intents and purposes as if fully copied herein in detail. Passed by the City Council this 19th day of December, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0566. The Prairie Dog Management Plan was developed by a team including representatives of the Llano Estacado Audubon Society, Texas Parks & Wildlife Department, the U.S. Fish & Wildlife Service and the City of Lubbock. To quote the Plan: "The following facts and priorities have been used to guide plan development, understanding that the primary purpose of the Lubbock Land Application Site (LLAS) is effluent disposal, and that prairie dog conservation and management by the City of Lubbock (COL) are secondary and voluntary actions: 1. Recapture center pivots areas; 2. Discourage and prevent future migration of prairie dogs into center pivot areas; 3. Minimize impacts to burrowing owls; and, 4. To the extent possible in accordance with item Labove, manage non -priority areas of the LLAS for native wildlife resources." Within these guidelines, the team developed a practical plan for non -lethal removal of prairie dogs living in the center pivots with minimal impact on burrowing owls. Once prairie dogs and burrowing owls are evacuated, visual barriers and raptor perches will be erected to discourage prairie dogs from migrating from the corners back to the center pivots. "Intruders" will be located and a non -City relocator contacted. They will have 48 hours to remove the prairie dogs, after which time City personnel may elect to use lethal means. The Plan also provides for the City to "leverage" U.S. Fish & Wildlife Service funds on a 3 to 1 basis, up to $15,000 in this initial phase. The City can use cash or in -kind services, e.g., volunteer time on installing 573 Regular City Council Minutes December 19, 2002 Page 574 prairie dog visual barriers and LP&L erecting used power poles as raptor perches. Staff recommended approval of this resolution. Council Member Martin stated he had been asked how quickly the City was going to plow this area. Richard Burdine, Assistant City Manager, explained the plan anticipates plowing to begin around the middle of January of 2003. The fields should be ready to plant by late February or early March. Motion was made by Council Member Martin, seconded by Council Member Cooke to pass Resolution No. 2002-RO566 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (46.) Resolution No. 2002-RO567 an order and resolution suspending the effective date of the proposed implementation of increased rates within the City of Lubbock by Atmos Energy Corporation for 90 days and ordering a hearing upon said proposed rate increase within the City of Lubbock. RESOLUTION NO.2002-RO567 WHEREAS, a Statement of Intent to increase rates within the City of Lubbock effective Janaury 10, 2003, was filed on December 3, 2002, with the City Manager of the City of Lubbock by Atmos Energy Corporation; and WHEREAS, the City Council of the City of Lubbock has received on December 11, 2002, a complaint about said raid increase from an affected person, which complaint is attached hereto as Exhibit A; and WHEREAS, the City Council of the City of Lubbock, sitting as a regulatory authority under provisions of law, is required by law (Section 104.105, Utilities Code) to hold a public hearing to inquire into the reasonableness of such proposed gas rate change as a result of receiving said complaint by an affected person; and WHEREAS, the City Council has authority under provisions of law (Section 104.107, Utilities Code) to suspend implementation of such changed rate for up to ninety (90) days pending hearing and decision on such proposed rate change; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock, sitting as a regulatory authority under authority of Chapter 104 of the Utilities Code, hereby suspends the effective date of the proposed rate change indicated in the Statement of Intent to increase rates filed with the City Manager by Atmos Energy Corporation, for a period not to exceed ninety (90) days from the date when such rate change would otherwise have been effective in order for the City of Lubbock to study the rate request and determine its necessity; and SECTION 2. THAT since a complaint from an affected person has been received, the City Council of the City of Lubbock, in accordance with mandatory requirements of Section 104.105 of the Utilities Code hereby orders and directs that a public hearing upon said proposed rate change by Atmos Energy Corporation be held in the City Council Chambers of the Lubbock Municipal Building, 1625 131h Street, at _. M. on the 27th day of March, 2003, to determine the reasonableness of such proposed rate increase. The City Manager of the City of Lubbock is hereby authorized and directed to give Atmos Energy Corporation immediate written notice of the suspension of such rate increase for 90 days and of said hearing by serving a copy of this Resolution and Order upon them at its business office located in the City of Lubbock. 574 Regular City Council Minutes December 19, 2002 Page 575 Passed by the City Council this 19th day of December, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2002-R0567 Atmos Energy Corporation submitted a Statement of Intent to increase its rates (service charges) for customers in Lubbock to the City Manager on December 3, 2002. The proposed effective date is January 10, 2003. Pursuant to Section 104.105, Utilities Code, the City Council must conduct a hearing to determine the reasonableness of such proposed rates if a complaint is received from any affected person. The City Council received such a complaint on December 11, 2002. Consequently, the City Council must conduct a public hearing on the rate increase request. This order and resolution of the City Council sitting as a regulatory authority under the Gas Utility Regulatory Act serves to order the required public hearing, and to suspend implementation of the proposed rates for 90 days. The hearing must be commenced during the 90-day suspension hearing. An informal hearing procedure will suffice, since the proposed change is not a major change increasing the aggregate revenues of the utility by more than 2 1 /2 percent. The order and resolution will need to be served on the utility by personal delivery to serve as notice of the hearing time and date. Staff recommended passage of the order and resolution setting a time and place for a public hearing on the proposed rate increase filed by Atmos Energy Corporation as required by state law. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass Resolution No. 2002-R0457 to suspend the effective date of the proposed implementation of increased rates within the City of Lubbock by Atmos Energy Corporation for 90 days and order a hearing upon said proposed rate increase within the City of Lubbock for the second Council meeting in March 2003. Motion carried: 5 Yeas, 0 Nays. (47.) Consider five appointments to the Citizens Advisory Committee. Motion was made by Council Member Cooke, seconded by Council Member Morrison to appoint Bobby Kazee, Dawn Pace, Phil Price, David Seim and Jack Thompson to the Citizens Advisory Committee. Motion carried: 5 Yeas, 0 Nays. 575 Regular City Council Minutes December 19, 2002 Page 576 (48.) Consider one appointment to the Board of Health. Motion was made by Council Member Cooke, seconded by Council Member Morrison to appoint Don May to the Board of Health. Motion carried: 5 Yeas, 0 Nays. (49.) Consider two appointments to the Central Business District Tax Increment Finance Reinvestment Zone. Motion was made by Council Member Cooke, seconded by Council Member Morrison to appoint R. J. Givens and Robert Greenhill to Central Business District Tax Increment Finance Reinvestment Zone. Motion carried: 5 Yeas, 0 Nays. (50.) Consider two appointments to the Community Development and Services Board. Motion was made by Council Member Cooke, seconded by Council Member Morrison to appoint Ricardo Garcia to the Community Development and Services Board. Motion carried: 5 Yeas, 0 Nays. (51.) Consider one appointment to the Libraries Board. Motion was made by Council Member Cooke, seconded by Council Member Morrison to appoint Scot Mayfield to the Libraries Board. Motion carried: 5 Yeas, 0 Nays. (52.) Consider one appointment to the Permit & License Appeal Board. Motion was made by Council Member Cooke, seconded by Council Member Morrison to reappoint David Tate to the Permit & License Board. Motion carried: 5 Yeas, 0 Nays. 12:07 P.M. ADJOURNMENT There being no further business to come before Council, Council Member Cooke made a motion to adjourn; Council Member Morrison seconded the motion. Motion carried: 4Yeas, 1 Nay. Council Member Martin voted Nay. Read and approved this. - day of 'MARC MCDOUGAL, MAYOR ATTEST: e cca Garza, City Secretary 576