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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/26/2001REGULAR CITY COUNCIL MEETING JUNE 26, 2001 11:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 26`b day of June, 2001, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 11:30 A. M. 11:35 A. M. CITY COUNCIL CONVENED, City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, and Councilmember T.J. Patterson Absent: There was no one absent. CITIZEN COMMENTS ( 1.) Antonio Alegria appeared to discuss the City of Lubbock's proposed purchase of property on Regis Street for greenbelt/park purposes. There are two resolutions on this agenda to make offers to several property owners along Regis Street to acquire their properties for a greenbelt/park. Antonio Alegria, one of the property owners, spoke concerning the City's proposed purchase of property on Regis Street for greenbelt/park purposes. Mr. Alegria opposes the selling of these properties and does not wish to move to another location. He stated many of the families have lived there 40 - 50 years and would be losing their lifelong homes causing great inconvenience. Ed Bucy is the staff contact for this item. Councilmember Hernandez requested that Items Nos. 22 and 23 be pulled from the Consent Agenda. (2.) Isabel Luna appeared to discuss the City of Lubbock's amendment to Subsection 27-182(a) of the Code of Ordinances pertaining to the awarding of tow truck contracts. Isabel Luna, owner of Burrito Sabroso Restaurant, addressed the City Council regarding the amendment to the Code of Ordinances regarding the awarding of tow truck contracts for the Lubbock Police Department, which is posted on today's agenda. Mr. Luna thought the present contract is ridiculous. One, Class 2 charges seems to be left wide open for fees. He suggested that Council put guidelines on this ordinance. He produced two envelopes of invoices. He is opposed to Lubbock Wrecker charging whatever they choose to do. Councilmember Patterson requested that the Council sit down with Mr. Luna at a later time to discuss this matter. Councilmember Ty Cooke agreed. City Manager Bob Cass stated that this matter was Nos. 19 and 44 on the Consent Agenda and would be addressed then. (2A.) Alex Clopton, 5626 90h Street, President of the Preston Smith Neighborhood Association appeared to present a petition with 1,715 citizens signatures for immediate completion of Frankford Avenue between 82°d Street and 98" Street. Ms. Clopton stated everything is in place for this matter to be concluded. Councilmember McDougal asked what time frame was involved as he is meeting with this group. City Manager Bob Cass has instructed staff to City Council Meeting June 26, 2001 Page 448 negotiate a contract with an engineering firm. Earliest to act on this contract would be next Council meeting or whenever ready. Other citizens were given a two minute time limit each for comments. They are as follows: William "Bill" Doorman, 9102 York, Lubbock was concerned that Fore Star Golf would make Lakeridge Golf Club a public golf course depreciating the neighborhood property value. Tommy Gonzales, Assistant City Manager, assured him this was untrue. Also addressing the Council was Ted Averitt, President of the Lakeridge Neighborhood Association concerning keeping the property beautiful. Mr. Gonzales will approach Steve Yonke to visit the Neighborhood Association. Amit Bushan thanked the Council for passing the first reading of the ordinance on June 14, 2001. Helen Ladd spoke in favor of the smoking ordinance. Bill Utley spoke against the smoking ordinance. Juanita Christensen also spoke in favor of the smoking ordinance. Meridith McAlister, ex medical reporter for Channel 28 spoke in favor of ordinance and suggested that we educate ourselves. Loyd Turner, local restauranteer, passed out `Annotated Version of the New Lubbock Smoking Ordinance' and started to address the Council about the ordinance. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson that Mr. Turner could address the Council at this time concerning Agenda Item #48 (Smoking Ordinance). Motion carried: 7 Yeas, 0 Nays. Mr. Turner requested that Council further define "fast food" as restaurants not serving alcoholic beverages, so that restaurants that have stand-up service serving liquor have the same rights as full service restaurants. He also discussed existing bingo halls and bowling alleys. Also addressing the Council was Ted Averitt, President of the Lakeridge Neighborhood Association concerning keeping the property beautiful. Tommy Gonzales will approach Steve Yonke to visit the Neighborhood Association. Councilmember Hernandez requested a timeline for smoking ordinance. After discussion, Council determined that Item #48 would be heard at 3:00 P.M. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Airport; Water Utilities). City Council Meeting June 26, 2001 Page 449 12:10 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086 to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). ( 5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Fire Department). ( 6.) 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: Appointments Advisory Board Board of Electrical Examiners Citizens Traffic Commission Electric Utility Board Library Board Permit and License Appeal Board Planning and Zoning Commission Urban Design/Historic Preservation Commission Youth Commission -Adults ( 7•) 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 (Airport; Fire Department; Right -of -Way Department). 1:40 P. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. (8.) Update on the recently completed 77`b Texas Legislature, and the City's federal legislation currently pending in Washington DC. Tony Privett, Director of Communications & Legislation (15 minutes) Council received an update of the legislation the City passed as well as the impact to municipalities of other legislation passed in Austin. Council was also updated on the status of our federal legislative package. No action was required. 2:19 P. M. WORK SESSION RECESSED 2:35 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T.J. Patterson, Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Ewe City Council Meeting June 26, 2001 Page 450 Absent: No one was absent. Mayor Sitton called the meeting to order at 2:35 P. M. ( 9.) Invocation by Dr. Shera Atkinson, Pastor of Agape United Methodist Church. (10.) Pledge of Allegiance to the Flag. BOARD APPOINTMENTS RECOGNITION Board of Electrical Examiners Receiving: Robert Bullock Culture and Arts Commission Receiving: Katie Parks Carol McWhorter Keep Lubbock Beautiful Advisory Committee Receiving: Craig Wells (unable to attend) Permit and License Appeal Board Receiving: Les Brown Public Transit Advisory Board Receiving: Linda Gaither CITIZENS APPEARANCES (11.) Presentation of a special recognition to Living Vine Worship Center and Divine Love Baptist Church commemorating August 5, 2001, as Project B.L.A.S.T. Day. Loving Vine Worship Center and Divine Love Baptist Church started a tradition two years ago by joining forces for a community picnic at Joyland Amusement Park. These churches have different cultural and ethnic backgrounds, and both churches found this experience to be beneficial. They have built on this initial success by inviting more churches to participate in what is now called Project B.L.A.S.T. The purpose of this project is to encourage, develop and promote equality, acceptance and collaboration across demographic and cultural groups in Lubbock's Christian community. This year's event will be on August 5, 2001, from 7:00-10:00 p.m. at Joyland Amusement Park. Families from area churches will picnic together at the Pavilion and join in the fun at the amusement park. Sale of Project B.L.A.S.T. t-shirts will pay for children and teens to enter Joyland so that cost is not a factor for attending the event. A special recognition was presented to Living Vine Worship Center and Divine Love Baptist Church commemorating August 5, 2001 as Project B.L.A.S.T. Day. Van Patterson, Senior Pastor for Living Vine Worship Center, and Kenneth Burns, Pastor of Divine Love Baptist Church, accepted the special recognition. Royce Jiminez, Pastor of Light of the World Christian Center and Gary Kertsie were also acknowledged. (12.) Presentation of a special recognition to the Lubbock Salvation Army Men's Fellowship Club to recognize their selection as Texas Club of the Year. 450 City Council Meeting June 26, 2001 Page 451 The Salvation Army Men's Fellowship Club is a service organization made up of approximately 25 men who belong to the Salvation Army Church. These compassionate men assist the Salvation Army with Christmas outreach, maintenance and repair of Salvation Army facilities, and coordinate fund raising projects that support youth projects and local and international missions. For the second consecutive year, they have been selected as the Men's Fellowship Club of the Year by the state headquarters. In addition, they were also recognized as the Territorial Men's Club of the Year in their region based out of Atlanta, Georgia. A presentation of a special recognition was accepted by Major Mark Satterlee, Salvation Army, and Bill Miller, President of the Men's Fellowship Club. Members of the club were present for a photograph. (13.) Presentation of a special recognition to Miss Jamie Bradley to recognize her selection for the Congressional Gold Award. On Wednesday, June 20, 2001 at 10:00 a.m. in the Capitol Building in Washington D.C., Miss Jamie Bradley of District 19, Lubbock, was awarded the Congressional Gold Award. Through the Congressional Award, U.S. Congress challenged young Americans in four different areas: volunteer public service, physical fitness, personal development, expedition/exploration activities. Exceeding each of her goals, Jamie has proven to be a bright star for the Lone Star State. She is one of two recipients to receive the award from Texas. Her volunteer public service, "Operation Christmas Child", saw her collecting over 4,000 shoeboxes and getting donations of small toys and personal items to fill them. She then worked with a local store to have the boxes shipped to children in countries where help was needed. In addition, she headed up the publicity and coordination of volunteers for the local Food Bank in the "You Can Share" food drive helping to collect over 1,000,000 pounds of food. For her expedition, she spent a week with a mule train in the Grand Canyon documenting the habits, dances and culture of the Navajo Indians and other tribes of the area. With a goal of 800 hours, Jamie logged over 1,200 hours to complete her project. As you can tell, this is an extraordinary young woman. In the area of physical fitness, Jamie set as a goal to walk 5 miles a day. This has become a favorite pastime for her that she honors even today. For personal development, Jamie works at the Texas Tech Health Sciences Center in the Dean's office as an assistant, in addition to working a part-time job at Abercrombie -Fitch in the Mall. Jamie is the daughter of Ken and Jimmie Bradley. She is a junior at Texas Tech University majoring in Technical Communications. She hopes to some day work in the law, medical or political arena after she completes her Master's Degree. Jamie's passion is helping others and she plans to continue to volunteer at the South Plains Food Bank, the Angel Library, the American Cancer Society and the Children's Miracle Telethon. A special recognition was presented to Miss Jamie Bradley to recognize her selection for the Congressional Gold Award. Bob Della, Congressional Councilman for District 19, stated this was the highest award presented with the exception of the Congressional Medal of Honor and that only 900 had been received it since 1978. Next item to be considered was Item No. 15. 451 City Council Meeting June 26, 2001 Page 452 (14.) Presentation of a special recognition to the Community Development Department recognizing their success in winning the National Community Development Association John A. Sasso National Community Development Week Award, for its efforts in promoting the City's CDBG programs during the National Community Development Week. This year the National Community Development Association (NCDA) conducted the first National Community Development Week Awards competition. This competition was held to bring special recognition to those members that go the extra mile in celebrating National Community — Development Week and the achievements made in their communities using their HUD dollars. The awards are named after the NCDA founder, John Sasso. Lubbock was one of six cities to be recognized with this award from across the nation. Nancy Haney and the Community Development staff accepted the award. Next item to be considered was Item No. 16. (15.) Presentation of two awards from the Texas City Management Association (TCMA) by Deputy City Manager Debra B. Forte', TCMA Director -at -Large, to Mayor Windy Sitton, City Manager Bob Cass, Director of Information Technology Sharlett Chowning and Purchasing Manager Victor Kilman. The Texas City Management Association (TCMA) is an affiliate of the Texas Municipal League and consists of 10 regions across the state. The TCMA Board and membership believe it is important to recognize our members for innovative and successful programs implemented in cities all across Texas. This year the City of Lubbock submitted two entries. The first program submitted is entitled E-bid this! Where the Rubber meets the Road (Metal meets the Rail) for the Innovation in Local Government category of the Professional Annual Awards Program. The entry described the Purchasing Department's use of E-mail to expedite the bid procedures for the Railroad Relocation Project associated with the Marsha Sharp Freeway. The second program submitted and awarded was the First Place Web site Development by Outsourcing population 50,000 and over. The entry included the five-year history of the City of Lubbock web site. Highlights include: 1) Departments update and manage their own web pages; 2) Transactions can be made online for purchasing event tickets; 3) Library catalog can be viewed; 4) Applications for city employment can be filed; and 5) Parking ticket fines can be paid to municipal court. These are just a few of the many examples of how providing the best technology to City of Lubbock staff increases efficiency and effectiveness. The awards were accepted by Mayor Sitton, City Manager Cass, Purchasing Agent Victor Kilman and Director of Information Technology Sharlett Chowning.. (16.) Presentation of incentive awards -the April and May Legendary Service Star Awards and one Cost Savings Suggestion Award. 452 City Council Meeting June 26, 2001 Page 453 The April Legendary Service Star Award for exemplary customer service was presented to Dr. Sandy Fortenberry, Organizational Development Coordinator. Nominations came from letters from Christopher Coke, American State Bank, and Eduardo Estrada, both 2001 graduates of the City of Lubbock Citizens University. CLCU is a program developed by Dr. Fortenberry to increase citizens' awareness of the City mission, functions and operations. Twenty-eight individuals participated in the inaugural class. City Manager Bob Cass presented the award to Dr. Fortenberry. The May Legendary Service Star Award was presented to David Buckberry, Planning and Mark Forzono, Water Engineering. These employees were nominated by Tony Privett for exemplary customer service in preparing graphics from redistricting maps and state water maps for use in legislative lobbying efforts. The Cost Savings Suggestion program awards employees who find innovative ways to save the City money, avoid costs or improve productivity. Ten percent of verified, first -year savings or a cash award for productivity improvement without verified savings is paid to employees. Although the suggestion submitted by Larry Thurne and Craig Denny from the Parks Department did not result in eligible, verifiable savings, they earn a $50 "good idea" incentive for initiating and seeking out cost -avoidance measures. Through their efforts, Santaland received replacements for the Gingerbread House and Santa's House from Joe Stettheimer of Heritage Homes, valued at $16,000. City Manager Bob Cass presented the awards to Dr. Sandy Fortenberry, David Buckberry, Mark Forzono, Larry Thurne and Craig Denny. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things About Lubbock. No. 10 is Links to the World. The phrase, "Lubbock is not on the way to anywhere", is about to be ancient history. As our international airport expands and more bus services travel through Lubbock, we also look forward to being a link in the Ports -to -Plains roadway running from Canada to Mexico. In addition, the "Hub City" is being considered as a railway stop for AMTRAK, which would further boost our economy and tourism. No. 9 is United Effort. Congratulations to the Lubbock Housing Authority, which has received the National Association of Housing & Redevelopment Officials Merit Award for its Early Headstart Program. As a cooperative effort between Texas Tech and the Housing Authority, this particular program maximizes learning opportunities for low to moderate income families. Early Headstart goes beyond the national Headstart guidelines by educating parents, teaching children from birth to age 3, and providing in -home teaching services. No. 8 is Buffalo Springs Lake Triathlon. With 1,347 athletes from 48 states and 17 foreign countries, last Sunday's Ironman Half Triathlon was a huge international tourist event for Lubbock. Triathlon experts from across the nation and the world agree the Buffalo Springs Lake Triathlon is the best, and one of the most demanding qualifying events for the Kona, Hawaii Ironman Triathlon because of its variations in terrain and topography, and the great weather. Congratulations to Mike 453 City Council Meeting June 26, 2001 Page 454 and Marti Greer for putting on a fantastic event for Lubbock for the 12th year. No. 7 is Battling Black Mold. Dr. David Straus of the Texas Tech Health Sciences Center and his team of researchers have discovered a possible solution to this modern day plague which has literally "hit close to home." Inquiries are being made from across the nation about their research findings that may prevent this dangerous condition from invading homes and occupants. No. 6 is Oasis Spots. Summer is a great time to enjoy the scenery right here in Lubbock. Within our city limits are 68 parks. Many of these parks are equipped with picnic tables, playgrounds, volleyball, tennis, and basketball courts, running tracks, parry houses, community centers, swimming and wading pools, outdoor grills, and baseball fields, as well as our beautiful playa lakes. In addition, Lubbock boasts 7 golf courses, 2 tennis centers, and 19 other sports facilities. Enjoy the great outdoors right here in Lubbock! No. 5 is Clean Lubbock. The Clean Lubbock Committee is urging local businesses to do their part to make living in and visiting Lubbock pleasing to the eye. As our city looks forward to hosting the world - acclaimed Vatican icons next year, the committee wants everyone to exhibit city pride by maintaining clean and nicely landscaped businesses. No. 4 is Keeping the Faith. It is a time of joy when anyone or anything reaches a milestone in time. Our city was founded by people of many faiths who established the beautiful churches we see in our neighborhoods. Many are celebrating anniversaries this year. These include the congregations of Community Christian (15 years), Redbud Baptist (20 years), Highland Baptist (50 years), and First Christian, which will celebrate 100 years of service on August 26, and which began with 16 members who met in the Lubbock County Courthouse in 1901. No. 3 is Y'all Come! It's Lubbock's way of saying "Happy Birthday, U.S.A.", and boy, do we pull out all the stops! Come on down to "4th on Broadway" this 4th of July and be a part of this great all -day, citywide extravaganza. It's a wonderful way to strengthen community spirit and have fun at the same time. No. 2 is Emergency Response. As our city grows, we still maintain the caring concern of a small town. This is more than evident in the hundreds of people who come to the aid of citizens in distress. Police officers, 911 dispatchers, firefighters, ambulance drivers, hospital employees in our emergency rooms, and other emergency teams do their best to reach out with compassion to those in emergency situations. May they never lose that caring spirit. No. 1 is Star Quality. Congratulations to State Senator Robert Duncan of Lubbock who was named by "Texas Monthly" magazine as one of the best legislators of the 2001 session. In addition to passing the "Kids Aren't Cargo" bill proposed by Lubbock School Board member Karen Slay, Senator Duncan influenced legislation on higher education, criminal justice, worker's comp, Medicaid, nursing homes, tort reform, and agriculture. CONSENT AGENDA (Items Nos. 17— 47) Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to approve Items 17-18, 20-21, 24-29, 31, 33- 454 City Council Meeting June 26, 2001 Page 455 38, 39-43, 45-47 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (17.) Ordinance #2001-00019 - Abandoning and closing three sanitary sewer line easements located in Section 5, Block E-2, Lubbock County, Texas (5225 20`b Street) (second and final reading) ORDINANCE NO. 2001-00019 AN ORDINANCE ABANDONING AND CLOSING THREE SANITARY SEWER LINE EASEMENTS LOCATED IN SECTION FIVE (5), BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (18.) Ordinance No. 2001-0044 amending Chapter 28 of the Code of Ordinances, City of Lubbock, Texas, by amending Sections 28-24 and 28-57 of the Code of Ordinances, City of Lubbock, Texas, by amending the payment deadline for water bills, providing for interest on overdue bills and increasing the reconnection charge for accounts disconnected for failure to pay for water service; providing a savings clause and providing for publication (second and final reading). ORDINANCE NO.2001-00044 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING SECTIONS 28-24 AND 28-57 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING THE PAYMENT DEADLINE FOR WATER BILLS, PROVIDING FOR INTEREST ON OVERDUE BILLS AND INCREASING THE RECONNECTION CHARGE FOR ACCOUNTS DISCONNECTED FOR FAILURE TO PAY FOR WATER SERVICE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The next item considered was Item No. 20. (19.) Ordinance No. 2001-00045 amending Subsection 27-182(a) of the Code of Ordinances of the City of Lubbock so as to allow contracts with one or more tow truck businesses to perform non -consent tows on behalf of the police department to be awarded on the basis of competitive bids or competitive proposals (second and final reading). ORDINANCE NO.2001-00045 AN ORDINANCE AMENDING CHAPTER 27 OF THE CITY OF LUBBOCK CODE OF ORDINANCES, PERTAINING TO TOW TRUCK SERVICES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. City Manager Bob Cass explained that this was simply an award of a bid which gives the police department authority to call this particular vendor when there is a wreck on a public street (Class 1 accident - small vehicles, automobile, pickup, etc.) Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to pass on the second and final reading of Ordinance No. 2001-00045. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 22. (20.) Ordinance No. 2001-00047 abandoning and closing a portion of 68" Street adjacent to the South Plains Church of Christ Addition to the City of Lubbock (6802 Elkhart) (first reading). 455 City Council Meeting June 26, 2001 Page 456 ORDINANCE NO. 2001-00047 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 68TH STREET LOCATED IN SECTION 27, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes the south half of 68`' Street between Elkhart Avenue and Elmwood Avenue. This street area is being closed for replat purposes by the South Plains Church of Christ. The area being closed will revert to a drainage easement and since the church was the original dedicator of this street area, they will not be charged for the closure costs. The Right -of -Way Department recommended the approval of the first reading of this ordinance. (21.) Ordinance No. 2001-00048 abandoning and closing a 15-foot alley located in Blocks 2 and 3 Suburban Homes Addition to the City of Lubbock (806 50" Street) (first reading). ORDINANCE NO. 2001-00048 AN ORDINANCE ABANDONING AND CLOSING A 15 FOOT ALLEY LOCATED IN BLOCK 2 & 3 SUBURBAN HOMES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This alley closure ordinance abandons and closes an "L" shaped alley just north of 50' Street and west of Avenue G for Hub City Body Works. Hub City is replatting several lots into one large lot to be named Tract "A" Hub City Body Works. This 15-foot alley area being closed contains 8,790.20 square feet and will remain as a utility easement. Since Hub City was not the original dedicator of this alley, they will be charged for it. This alley was appraised at $0.50 per square foot from adjacent land values for a cost of $4,395.10. Since it will remain as a utility easement, there will be a 50 % adjustment for an amount due the City of $2,197.55. The Right -of -Way Department recommended the approval of the first reading of this ordinance. The next item considered was Item No. 24. (22.) Resolution No. 2001-RO273 authorizing the Right -of -Way Department to make offers to 21 property owners for 14 parcels of property needed for the Regis Street Greenbelt Park Project (south side of East Regis Street, I-27 eastward to Martin Luther King, Jr. Boulevard), and to proceed with condemnation if necessary. RESOLUTION NO. 2001-RO273 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the Regis Street Green Belt Park Project, and the City Council of said City finds it in the public interest 456 City Council Meeting June 26, 2001 Page 457 and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: PARCEL # OWNER'S NAME AMOUNT LEGAL 2 Ronnie Greene & wife, Darla Greene $1,200 Holmes Blk 3 Lot 4 3 Mary A. Jenkins $1,200 Holmes Blk 3 Lot 3 8 Frances Martinez & Simon Martinez $1,200 Holmes Blk 2 Lot 3 11 Arthur Holmes & wife, Addie Holmes $1,000 Holmes Blk 1 Lot 5 12 Mary M. Burney, Individually and as Life Estate; and Kathleen Burney Rose, $ 600 Holmes Blk 1 W/2 As Remainderman of Lot 4 13 - 14 Thelma Sharp & Louis Gene Sharp $1,200 Holmes Blk 1 E/2 of Lot 4 and Holmes Blk 1 W/69 of Lot 3 21 Richard H. Aleman $2,000 Skyview Blk 1 Lot 3 23 Leon Crawford and wife, $2,500 Skyview Blk 1 Shirley Crawford Lot 1 24 - 25 Tommy Howell $1,200 Skyview Blk 5 Lot 10 and Skyview Blk 5, Lot 9 27 Socieda Cantu, a partnership composed $ 600 Skyview Blk 5 of Ernesto Cantu, Reyes B. Cantu and Lot 7 Rosanna Cantu Rosales 30 Ernesto M. Cantu & wife, Reyes Cantu $ 600 Skyview Blk 5 Lot 4 31 Leon Crawford & wife, Shirley Crawford $ 600 Skyview Blk 5 Lot 3 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of the above -described parcels of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. 457 City Council Meeting June 26, 2001 Page 458 Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice The 1999 bond election created funding for the acquisition of properties along the south side of Regis Street from I-27 eastward to MLK, Jr. Blvd. for a park. This park is further located at the south end of Lubbock International Airport property. There are 32 parcels to be acquired for this park project, 14 of these parcels are vacant residential lots, 15 of these parcels are residential lots with improvements, one parcel is a church, one parcel is a business, and one parcel is a tract of farm land. This resolution authorizes the Right -of -Way Department to make offers to the owners of the fourteen vacant residential lots. These lots are in the Holmes and Skyview Additions. The appraiser of these properties was Shaw Wofford. This resolution also authorizes condemnation proceedings to acquire this property if our offer is refused. The Right -of -Way Department recommended the approval of this resolution to make offers to these property owners. Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to pass on Resolution No. 2001-RO273 as recommended by Staff, with the stipulation that before any condemnation is initiated that it is brought before the Council in executive session. Motion carried: 7 Yeas, 0 Nays. (23.) Resolution No. 2001-RO274 authorizing the Right -of -Way Department to make offers to 24 property owners for 17 parcels of property needed for the Regis Street Greenbelt Park Project (south side of East Regis Street, I-27 eastward to Martin Luther King, Jr. Boulevard), and to proceed with condemnation if necessary. RESOLUTION NO.2001-RO274 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the Regis Street Green Belt Park Project, and the City Council of said City finds it in the public interest EM City Council Meeting June 26, 2001 Page 459 and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: PARCEL # OWNER'S NAME AMOUNT LEGAL 1 Ronnie Allen Greene & Winona Greene $ 9,000 Holmes Blk 3 Lot 5 4 Mary A. Jenkins $16,000 Holmes Blk 3 Lot 2 5 Adolph G.Castro & wife,Margarita Castro $21,000 Holmes Blk 3 Lot 1 6 Irma C. Hernandez Mendoza & husband, $30,000 Holmes Blk 2 Lot 5 Edward Mendoza, Jr. 9 Joe Zamora $31,000 Holmes Blk 2 Lot 2 10 Betty Koerner $28,000 Holmes Blk 2 Lot 1 15 Joe Antonio Olguin & wife,Agapita Olguin $12,000 Holmes Blk 1 E 55 of Lot 3 16 Antonio Alegria $15,000 Holmes Blk 1 Lot 2 17 International Church of Foursquare Gospel $20,000 Holmes Blk 1 Lot 1 Inc., a California Religious Corporation 18 Jose Segura A/K/A Joe C. Segura & wife, $ 8,000 Skyview Blk 1 Lot 3 Janie Segura 19 Jesus Flores $15,000 Skyview Blk 1 Lot 5 20 Feliciano Morales $13,000 Skyview Blk 1 Lot 4 22 Angel Aleman & wife,Leandra Aleman $ 9,000 Skyview Blk 1 Lot 2 26 Socieda Cantu, a partnership composed $ 16,000 Skyview Blk 5 Lot 8 of Ernesto Cantu, Reyes B. Cantu, and Rosanna Cantu Rosales 28,29 Ernesto M. Cantu & wife,Reyes Cantu $105,000 Skyview Blk 5 Lot 6 Skyview Blk 5 Lot 5 32 Leon Crawford & wife,Shirley $ 25,000 Skyview Blk 5 S Ann Hayes Crawford 123.97 Lot 2 33 Loretta L. Jordan $ 38,000 Skyview Blk 5 S 123.16 Lot 1 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of the above -described parcels of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of City Council Meeting June 26, 2001 Page 460 the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. SECTION 4. THAT relocation assistance will be made available to displacees of this project whether they be owner occupants or tenants (non -owner occupant) when applicable. Owner occupants will qualify for up to a $22,500 purchase supplement and tenants will qualify for a rental assistance payment of up to $5,250. Moving cost reimbursement payments will be made available for owner occupants and tenants either by payment of the actual reasonable moving cost or by using a fixed move cost schedule. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice These 17 properties are made up of 15 residential lots with improvements, one church and one business. Shaw Wofford appraised the residential properties and Merle Blosser appraised the church and the business. These properties are located in the Holmes and Skyview Additions. This resolution authorizes the Right -of -Way Department to offer these property owners their appraised values and to approve relocation payments to these property owners. Property owners who are occupants are eligible for a replacement housing payment with an upper limit of $22,500. This replacement housing payment is made up of a payment for price differential, increased mortgage costs, and incidental expenses. These owner occupants and renters are eligible for moving costs such as actual reasonable moving costs or using a fixed moving cost schedule based on a room count survey. Renters will be eligible for rental assistance up to $5,250. The one business will be eligible for moving costs and reestablishment expenses. This resolution also authorizes condemnation proceedings to acquire this property if our offer is refused. The Right -of -Way Department recommended the approval of this resolution to make offers to these property owners and approve replacement -housing payments. Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to pass on Resolution No. 2001-R0274 as recommended by Staff, with the stipulation that before any condemnation ME City Council Meeting June 26, 2001 Page 461 is initiated that it is brought before the Council in executive session. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 30. (24.) Resolution No. 2001-RO254 authorizing the Mayor to execute a letter of agreement for a quitclaim deed with the Burlington Northern and Santa Fe Railway Company for their property interest in a tract of land needed for the Marsha Sharp Freeway (aka East-West Freeway) Railroad Relocation Project (north side of US 84 [Clovis Highway], east of North Frankford Avenue, Parcel 1 RR 62). RESOLUTION NO. 2001-RO254 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Letter of Agreement between the City of Lubbock and the Burlington Northern and Santa Fe Railway Company, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L.Chamales, Supervising Attorney A copy of the Letter of Agreement is filed with Resolution No. 2001-R0254. This new railroad will cross the Clovis Highway (US 84) just east of North Frankford Avenue and connect with the existing Burlington Northern Santa Fe (BNSF) Railroad which lies on the north side of US 84. At this location where the railroad crosses US 84, title is being acquired to this portion of US 84. TxDOT acquired this right-of-way through an easement instead of a warranty deed. Fee simple title must now be acquired to these portions of US 84 as part of this railroad project. The City has acquired the south half and to acquire title to the north half, the City's title company is requesting that staff obtain a quitclaim deed from BNSF since they are the abutting property owner. This letter of agreement between the City and BNSF will transfer the interest that BNSF has in this parcel of property through a quitclaim deed to the City and the City will be able to transfer this US 84 road crossing area to TxDOT. The cost of this quitclaim deed is $2,500. 461 City Council Meeting June 26, 2001 Page 462 This was originally on the April 26, 2001 City Council meeting and approved as Resolution No. 2001-RO139 in the form of a real estate purchase and sale agreement. However, the Railroad has decided not to go with their standard agreement originally submitted since this property is outside of their railroad right-of-way and will instead execute a quitclaim deed. The Right -of -Way Department recommended the approval of this letter of agreement with the Burlington Northern and Santa Fe Railway Company. (25.) Resolution No. 2001-RO255 authorizing the Mayor to execute for and on behalf of the City of Lubbock an amendment to an interlocal agreement with Lubbock County dated May 25, 2000, regarding the relocation of North County Road 1330 as an essential development for the Marsha Sharp Freeway (aka East-West Freeway) (west of FM 179 and south of Ursuline Street). RESOLUTION NO. 2001-RO255 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 an Interlocal Agreement with Lubbock County dated May 25, 2000, with regard to the relocation of North County Road 1330. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice A copy of the Amendment is filed with Resolution No. 2001-R0255. In May of 2000, the City signed an agreement with Lubbock County for the relocation of a county road that was being cut off and access denied to by the new railroad being constructed around West Lubbock. The amendment allows the City to hire a contractor rather than the County to construct this new road, by reimbursing the County for the reasonable costs of acquiring the right-of-way and engineering services for the realignment of this road, and allowing the County to cooperate and provide assistance to the City in the building of the road. i.j City Council Meeting June 26, 2001 Page 463 The Right -of -Way Department recommended the approval of this interlocal agreement with Lubbock County. (26.) Resolution No. 2001-RO256 authorizing the Mayor to execute a "Spur Track Permit Agreement" with the Texas Department of Transportation for the Lubbock International Airport railroad spur project (north of Airport). RESOLUTION NO. 2001-RO256 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 Spur Track Permit Agreement between the City of Lubbock and the Texas Department of Transportation to cross State Farm to Market Road 1294, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice A copy of the Agreement is filed with Resolution No. 20021-R0256. This agreement with the Texas Department of Transportation allows the City to cross State Farm to Market Road 1294 with the new airport railroad spur track. FM 1294 runs east to west and is located just north of the airport. The main context of this agreement is for the City and/or its contractor to follow all of TxDOT's construction guidelines. The Right -of -Way Department recommended the approval of this agreement with the Texas Department of Transportation. (27.) Resolution No. 2001-RO257 authorizing the Right -of -Way Department to make an offer to Mina Wolf Lamb, Arch G. Lamb, Arch Karl Lamb, and Alyse W. Lamb for a 9.246 acre tract of land in Section 44, Block AK, Lubbock County, Texas for a City park (2601 Kewanee Avenue). RESOLUTION NO. 2001-RO257 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: 463 City Council Meeting June 26, 2001 Page 464 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to the following described parcel of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: OWNER'S NAME AMOUNT Mina Wolf Lamb a/k/a Mina Maria Lamb, $155,000.00 Arch G. Lamb, Arch Karl Lamb, and Alyse W. Lamb SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of above -described parcel of land being Mina Wolf Lamb a/k/a Mina Maria Lamb, Arch G. Lamb, Arch Karl Lamb, and Alyse W. Lamb BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel, which is the amount appraised as the value and total damages for the granting of fee simple title, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of Exhibit "A" is filed with Resolution No. 2001-R0257. The resolution authorizes the Right -of -Way Department to make an offer to the Lamb family for a 9.246 acre City park site at the southeast corner of 261h Street and Kewanee Avenue. Jim Bowman, MAI, appraised this park site for $155,000. This equates to about $16,764 per acre. He utilized recent sales of subdivision and acreage land in the surrounding area. m City Council Meeting June 26, 2001 Page 465 Therefore, our offer to Mina Wolf Lamb, Arch G. Lamb, Arch Karl Lamb, and Alyse W. Lamb is $155,000. This resolution also authorizes condemnation proceedings if this offer is refused. The Right -of -Way Department recommended the approval of our offer to the Lamb family. (28.) Resolution No. 2001-RO258 authorizing the Mayor to execute a parking lot lease with Bleacher's Sports Cafe (1910 Texas Avenue). RESOLUTION NO. 2001-RO258 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Lease between the City of Lubbock and Bleacher's Sports Cafe, and related documents. Said lease is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Lease Agreement is filed with Resolution No. 2001-R0258. On June 20, 2000 the City executed a lease with Kurt McMillian of Bleacher's Sports Caf6 for approximately 64 spaces of the City's Health Department parking lot at the southwest corner of 19`' Street and Texas Avenue. This lease enables Bleacher's to satisfy the parking requirements per the zoning ordinance for customers of the caf6 during the evening and nighttime hours. The lease is expiring and this new one- year lease will renew the expired one. The City will receive $240 per month for this parking lot lease. The Right -of -Way Department recommended the approval of this lease. (29.) Resolution No. 2001-RO259 authorizing the Mayor to execute a parking lot lease with KPL, Inc. (1910 Texas Avenue). 465 City Council Meeting June 26, 2001 Page 466 RESOLUTION NO. 2001-RO259 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Lease between the City of Lubbock and KPL, Inc, and related documents. Said lease is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Lease Agreement is filed with Resolution No. 2001-R0259. On June 20, 2000 the City executed a lease with Larry Simmons (KPL, Inc.) of Red Door Club for approximately 42 spaces of the City's Health Department parking lot at the southwest corner of 19' Street and Texas Avenue. This lease enables the Red Door (1801 Buddy Holly Avenue) to satisfy the parking requirements per the zoning ordinance for customers of the club during the evening and nighttime hours. This lease is expiring and this new one-year lease will renew the expired one. The City will receive $157.50 per month for this parking lot lease. The Right -of -Way Department recommended the approval of this lease. The next item considered was Item No. 31. (30.) Resolution No. 2001-RO275 authorizing the Mayor to execute an interlocal cooperative agreement, by and between the City of Lubbock and the Texas A&M University System (TAMU), regarding the provision of groundwater by the City of Lubbock to TAMU in exchange for the grant of a right-of-way easement for railroad purposes over and across TAMU property. RESOLUTION NO. 2001-RO275 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperative Agreement between the City of Lubbock, and the Texas A&M University System, and any other related documents. Said Agreement is attached hereto and incorporated in 466 City Council Meeting June 26, 2001 Page 467 this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza - Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ H. David Jones for Mark Earle, Managing Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney — Office Practice A copy of the Agreement is filed with Resolution No. 2001-R275. At its May 10, 2001 meeting, the City Council gave staff the authority to negotiate an interlocal cooperative agreement to provide irrigation water to the TAMU Agricultural Experiment Station (AES) as consideration for a railroad right-of-way easement across AES property. Since that meeting, staff has finalized negotiations with TAMU. The final agreement is substantially the same as the earlier draft with a few exceptions, which are noted below. As in the earlier version of the agreement, the final agreement requires the City of Lubbock to deliver up to 167 acre-feet of untreated irrigation water annually to a designated point on AES property. The City must be able to deliver the water at a peak rate of 1000 gallons per minute. The City intends to take water from existing wells located on the northern part of the airport property and deliver it via electric pumps and irrigation pipeline. The cost of the pumps and pipeline is estimated to be approximately $50,000, and will be funded out of the EDA rail spur grant. Lubbock International Airport will maintain the delivery equipment, and will bear the cost of the electricity for the pumps. The City is required to make every reasonable effort to deliver water at the specified level and rate. The most significant change from the earlier version of the agreement is in the provision regarding the City's responsibilities in the event that well water cannot be delivered at the rate specified in the agreement. In the earlier agreement, the City would have been required to pay a pre- determined amount in cash as compensation to TAMU. In the new agreement, the cash payment provision has been replaced by a requirement for the City to supplement well water with treated water from the City's municipal water supply to ensure a stable flow rate throughout the term of the agreement. The Airport Board has reviewed the agreement and recommended approval. Staff also recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on Resolution No. 2001-RO275 as recommended by Staff, subject to EDA's approval and grant of funds for 467 City Council Meeting June 26, 2001 Page 468 railroad construction within the subject right-of-way easements. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 32. (31.) Resolution No. 2001-RO260 authorizing the Park Development Department to apply for a matching grant of up to $500,000 from the Texas Recreation and Parks Account Program. RESOLUTION NO.2001-RO260 WHEREAS, the City of Lubbock, Texas, hereinafter referred to as "City", desires to designate certain officials as being responsible for, acting for, and on behalf of the "City" in dealing with the Texas Parks and Wildlife Department, hereinafter referred to as "Department", for the purpose of participating in the Texas Recreation and Parks Account Grant Program, hereinafter referred to as the "Program"; and WHEREAS, the City certifies that the City matching share is readily available, and dedicating the proposed site for permanent public park and recreational uses; and WHEREAS, the Texas Legislature has approved the Program (Section 24 of the Parks and Wildlife Code) for the purpose of allowing the political subdivisions of the State of Texas to participate in the Program; and WHEREAS, the City is fully eligible to receive assistance under the Program; and WHEREAS, the City is desirous of authorizing an officials to represent and act for the City in dealing with the Department concerning the Program; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1: That the City hereby certifies that they are eligible to receive assistance under the Program. Section 2: That the City hereby certifies that the matching share for this application is readily available at this time. Section 3: That the City hereby authorizes and directs its Parks and Recreation Manager to act for the City in dealing with the Department for the purpose of the Program, and Parks and Recreation Manager is hereby designated as the representative in this regard. Section 4: The City hereby specifically authorizes the official to make application to the Department concerning the site known as Jim Bertram Lake System in the City of Lubbock for use as a park site. That the Jim Bertram Lake System is hereby dedicated (or will be dedicated upon completion of the purposed acquisition) for public park and reaction purposes in perpetuity. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary U.: City Council Meeting June 26, 2001 Page 469 APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell Parks and Recreation Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney The Texas Legislature, through Section 24 of the Parks and Wildlife Code, has established the Texas Recreation and Parks Account Program, whereby local governments compete for matching funds to develop parks and recreation facilities. Applications for matching funds up to $500,000 are due July 31, 2001. To compete for these grants, on May 10, 2001 the City Council adopted Resolution No. 2001-R0168, which formally amended the 1998 Lubbock Comprehensive Park, Recreation and Open Space Master Plan. The amendment includes development priorities for each of four planning quadrants in Lubbock that are bounded by 34`' Street and Indiana Avenue. The Park Development Department is preparing two proposals for the July 31, 2001 deadline. The first application, which targets the top priorities for the northeast planning quadrant, will leverage $650,000 earmarked for improvements to the Jim Bertram Lake System. In September 1999, the citizens of Lubbock approved $500,000 in General Obligation Bonds to begin the initial development of an outdoor concert and festival site at Fiesta Plaza. The proposal is bolstered by an $150,000 improvement package to Prairie Dog Town that will be financed by Fore Star Golf, LLC. Planned improvements include an amphitheater, group pavilion, boat dock, multipurpose trail, multipurpose court, picnic station and a fishing pier at Fiesta Plaza. Proposed improvements at Prairie Dog Town include bird watching blinds, a new wall, 25 new trees, new irrigation and native grasses and interpretive signage. The second proposal, which will assist the Science Spectrum with the completion of "The Brazos River Journey: Texas Alive" exhibit, targets the southeast planning zone. In December 2000, the City Council authorized the Park Development Department to make application for the Science Spectrum project. The two proposals will be made to separate funding sources, therefore the two grant applications will not compete with each other. These two grant applications respond to the City Council goals of expanding grant revenue opportunities as well as continuing the implementation of the Canyon Lakes Master Plan. In February 2002, Texas Parks and Wildlife will formally approve the competitive grant applications from cities across the state. At that time, applicants will be notified regarding the status of funding. Staff recommended that Council pass the resolution authorizing the Park Development Department to apply for a matching grant of up to $500,000 from the Texas Recreation and Parks Account Program. Next item to be considered was Item No. 33. ,e, City Council Meeting June 26, 2001 Page 470 (32.) Consider a resolution granting authorization, pursuant to Section 5.4 Of the October 14, 1994 management agreement, to Fore Star Golf, LLC to operate LakeRidge Country Club. In October 1994, the City Council passed Resolution #4634 entering into a management agreement with Fore Star Golf, LLC for the operation of Meadowbrook Golf Course. Section 5.4 of the management agreement holds that Fore Star Golf, LLC shall not operate other golf facilities in Lubbock County. However, on February 24, 2000, the City Council amended the October 14, 1994 management agreement to allow Fore Star Golf, LLC to operate another golf course in Lubbock County in support of Fore Star's bid to acquire LakeRidge Country Club. Since that time, Fore Star has successfully bid to acquire LakeRidge Country Club. Fore Star will be allowed to operate LakeRidge Country Club under the following terms and conditions: 1. The golf operations at LakeRidge Country Club will not compete with Meadowbrook Golf Complex for the same customers, including tournaments. 2. The golf operations at LakeRidge Country Club will have a different fee structure that clearly differentiates it from Meadowbrook Golf Complex. 3. There shall be no joint advertising shared between LakeRidge Country Club and Meadowbrook Golf Complex. 4. There shall be no discounts applied on the same days at LakeRidge Country Club and Meadowbrook Golf Complex. Fore Star's acquisition of LakeRidge Country Club expands their holdings in the Lubbock market without creating competition with Meadowbrook Golf Complex. The precedent for this is Fore Star's operations of two courses in Las Cruces, New Mexico. Picacho Hills Country Club, a private membership club, and Sonoma Ranch Golf Course, a daily fee course, each cater to a different customer. As in Las Cruces, Fore Star expects to benefit from increased economies with two properties in Lubbock. This will be realized through equipment sharing for specialty items that would not normally be considered for a single operation, improved opportunities to make bulk purchases at a reduced expense and opportunities for increased staffing during special events. A comparison of the proposed operations at LakeRidge Country Club to those practiced at Meadowbrook underscore the absence of competition between the facilities. Meadowbrook Golf Complex offers golf on a per use basis, while LakeRidge Country Club offers golf, tennis, swimming, dining and membership considerations on a monthly basis. Furthermore, Meadowbrook Golf Complex extends no credit opportunities, while LakeRidge Country Club offers credit terms to its membership. The operation of LakeRidge Country Club will complement the investment that Fore Star has made in Lubbock. Since October 1994, Fore Star Golf, Inc. has improved the greens and installed a water filtration system to improve the nutrient level of the irrigation water at Meadowbrook Golf Complex. Furthermore, Fore Star is contractually obligated to make $500,000 worth of additional improvements at Meadowbrook Golf Complex during the next eighteen months. These improvements include automating the irrigation system, planting trees, 470 City Council Meeting June 26, 2001 Page 471 and making site improvements to Prairie Dog Town. Fore Star Golf, LLC is under contract through 2024 for the operation of Meadowbrook Golf Course. Staff recommended that the Council approve the resolution granting Fore Star Golf, LLC permission to operate LakeRidge Country Club. Tommy Gonzales stated that he had discussed the issue Steve Yonke after the earlier Citizen Comments and Mr. Yonke would be attending a LakeRidge Neighborhood Association meeting. Motion was made by Councilman McDougal, seconded by Hernandez to continue this item to July 12th City Council Meeting. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 38A (33.) Resolution No. 2001-RO261 authorizing the City Manager or his designee to acquire and maintain a general liability insurance policy to cover the City of Lubbock and independent general contractors performing lead paint activities with Federal Community Development Block Grant and Home Entitlements Funds. RESOLUTION NO. 2001-RO261 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager or his designee BE and is hereby authorized to acquire and maintain a general liability insurance policy to cover the City of Lubbock and independent general contractors performing lead paint activities with CDBG and HOME Funds. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy Sims, Assistant City Attorney As of September 15, 2001, a new HUD regulation requires that all rehabilitation projects on residences built prior to 1978 that are being administered out of the Community Development Block Grant or Home Entitlement Funds address lead base paint. The additional insurance cost to the general contractor for lead paint coverage would be approximately $5,000 each per year if this was added to their individual liability insurance policies. These costs would then be passed on through bids to the Community Development Department. The Community 471 City Council Meeting June 26, 2001 Page 472 Development Department has located an insurance company that will write a general liability insurance policy to cover lead base paint activities only. This policy will insure the City and any contractors the Community Development Department lists as lead base paint contractors. The premium cost is based on the dollar amount of actual lead work done per year. The premium is estimated at $7,000. Staff currently have five lead certified contractors approved to do work through the Community Development Department. If the contractors purchased insurance individually at $5,000 per contractor the total cost to the federal programs would be $25,000 ($25,000 - $7,000 = $18,000 savings to the federal programs). Under the general liability insurance policy, the City will also be insured coverage. Due to the cost savings and the fact that the City will be insured along with the independent contractors, the Community Development staff recommended approval of this item. (34.) Resolution No. 2001-RO262 authorizing the Mayor to execute an industrial tax abatement agreement with Red River Commodities, Inc. RESOLUTION NO. 2001-RO262 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and Red River Commodities, Inc., attached hereto and which shall be spread upon the minutes of the council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0262. The City of Lubbock received an application for industrial tax abatement from Red River Commodities, Inc. to expand their facility at 212 NE Loop 289 in the Lubbock 2000 North Enterprise Zone. The project for Red River consists of a new warehouse, truck scale, and processing and packaging equipment. 472 City Council Meeting June 26, 2001 Page 473 The project meets the Industrial Tax Abatement Policy and Guidelines minimum investment of $500,000 in real property improvements. Total investment in the project will be approximately $1.3 million; $500,000 for the new warehouse and processing buildings and $800,000 for machinery and equipment. This facility will create 10 new jobs initially, and increase to 15 as business allows. The wages will range from $7-$9 per hour. A full range of benefits will be available to those hired for full time status. The estimated amount of the new payroll created will be approximately $200,000. Market Lubbock considered this application at its May 9 Board meeting and has recommended a 5 year, declining scale tax abatement for the project. The abatement amount for the City of Lubbock is approximately: Year 1 100 % $7,410 Year 2 80 % $5,928 Year 3 60 % $4,446 Year 4 40% $2,964 Year 5 20 % $1,482 The total city abatement over the life of the contract is $22,230. The total county abatement over the life of the contract would be $11,625. The project will add $1.3 million in new value to the tax base in the North Enterprise Zone. Under the current guidelines, Red River Commodities, Inc. is eligible and meets all the criteria for tax abatement. The City Council approved the Notice of Intent to enter into a tax abatement agreement at their June 14, 2001 City Council meeting. Staff concurs with Market Lubbock Inc.'s recommendation of approval of the tax abatement for a term of five years with a declining schedule beginning with 100 % and declining by 20 % each year. (35.) Resolution No. 2001-R0263 authorizing the Mayor to extend the term of the existing joint gas purchase contract between the City of Lubbock, Texas Municipal Gas Corporation, and the City of La Grange. RESOLUTION NO.2001-R0263 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 Extension between the City of Lubbock, Texas Municipal Gas Corporation and the City of LaGrange, Texas to extend the term of the existing Joint Gas Purchase Contract, and all related documents. Said Extension is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 473 City Council Meeting June 26, 2001 Page 474 Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul E. Thompson Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade, Assistant City Attorney A copy of the Contract Extension is filed with Resolution No. 2001-R0263. The Joint Gas Purchase Contract allows LP&L to buy discounted gas from the Texas Municipal Gas Corporation (TMGC). TMGC has now secured some gas in the ground and delivery was expected to begin in May. In order to complete the purchase, TMGC will be issuing a series of 20-year bonds. TMGC has asked to amend the term of the original contract to be the same as the term of the bonds. LP&L has no objections to this request. LP&L is not bound to take more gas than it needs and is not liable for any portion of the bonds TMGC sells. The contract will be extended to December 31, 2021 and shall be automatically extended by one year each December 31 unless declined in writing by any of the parties except that the term of the contract will not extend beyond December 31, 2030. The staff recommended that the Mayor and City Council approve the contract extension. (36.) Resolution No. 2001-RO264 authorizing the Mayor to execute an amendment to an existing lease agreement with the Community Health Center of Lubbock for additional office space at the Lubbock Business Center Annex. RESOLUTION NO. 2001-RO264 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 between the City of Lubbock and Community Health Center of Lubbock. Said Amendment 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. 474 City Council Meeting June 26, 2001 Page 475 Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, LP&L Director APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade, Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2001-R0264. The Community Health Center of Lubbock currently leases Suites 4 and 5 in the Lubbock Business Center Annex for use as administrative offices. They would now like to add Suite 6 to their lease under the terms of the existing lease agreement. The existing lease provided for a two-year term to expire on December 31, 2001 and may be extended for three additional one-year terms by written notification. The lease also provides for a 3 % escalation of rates each year. Lease of the additional space will increase rental income by $827.86 per month or $9,934.32 per year. Staff recommended that the Mayor and City Council approve the amendment to the lease agreement between the City of Lubbock and the Community Health Center of Lubbock. (37.) Resolution No. 2001-RO265 of the City Council of the City of Lubbock, Texas, urging the National Fire Protection Association (NFPA) to reject 1710 relating to 4-man minimum staffing standards. RESOLUTION NO. 2001-RO265 WHEREAS, the International City/County Management Association (ICMA) strongly urged the National Fire Protection Association (NFPA) to reject 1710, which would require a minimum 4-man staffing on all shifts; WHEREAS, the ICMA position was based on the following substantive and procedural grounds: (1) 1710 undermines democratic decision -making; (2) 1710 violates NFPA's mission; (3) 1710 undermines public safety; (4) 1710 is outside NFPA purview; (5) The 1710 Technical Committee did not have an appropriate balance of interests among its membership, especially given the extraordinary broad policy context of 1710; and (6) 1710 will have wide-ranging and unintended fallout should it become a standard; and WHEREAS, if adopted by NFPA, the City of Lubbock would face significant costs associated with adding 90 additional firefighters at a cost of Four Million Eight Hundred Thousand and no/100 Dollars ($4,800,000.00) annually, plus any additional costs associated with additional facilities to meet response time parameters; and 475 City Council Meeting June 26, 2001 Page 476 WHEREAS, the Staff recommends approval of this Resolution urging the NFPA to reject 1710; and WHEREAS, the City Council has considered the matter and deems it in the public interest to strongly urges the National Fire Protection Association (NFPA) to reject 1710 relating to 4-man minimum staffing standards; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, the City Council of the City of Lubbock, Texas, strongly urges the National Fire Protection Association (NFPA) to reject 1710 relating to 4-man minimum staffing standards. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte' Debra Forte', Deputy City Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney This particular resolution asks City Council to urge NFPA to reject 1710. 1710 is a proposal which would establish a minimum manning level for fire engine companies. The City Council will note that the very foundation of the City Charter and elected local government officials would be taken away by making a mandate as opposed to a local option regarding staffing of the Fire Department. The National League of Cities and the International City Management Association are among others seeking the rejection of this standard. Deputy City Manager Debra Forte' is a member of the Texas City Management Association Board of Directors. At the annual conference in June the Association voted to oppose 1710 and all respective City Councils were requested to provide resolutions and forward them to the National League of Cities before the NFPA meeting scheduled for July 13, 2001. The City Manager's office strongly supports anything that relates to firefighters' safety and staffing is only one of the many factors that affect safety on the fire scene. Please note that to comply with this would require approximately 90 additional firefighters, at an annual expense of approximately $4.8M, or about an 8-penny tax increase. As you are aware, staff have spent the last several years expanding funding for the Fire Department by a) replacing old firehouses with new, 476 City Council Meeting June 26, 2001 Page 477 b) replacing all bunker gear, and c) adding extensive training equipment. All of these items have been done to ensure the safety of the firefighters. Staff recommended approval of the resolution. (38.) Resolution No. 2001-RO266 authorizing the Mayor to execute a supplemental grant agreement between the City of Lubbock and Market Lubbock Economic Development Corporation for assistance in funding the Lubbock Reese Redevelopment Authority. RESOLUTION NO. 2001-RO266 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 Supplemental Grant Agreement, by and between the City of Lubbock and Market Lubbock Economic Development Corporation. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte' Debra Forte', Deputy City Manager APPROVED AS TO FORM: /s/ AM L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0266. The purpose of the agreement is to transfer $450,000 to Market Lubbock, Inc on August 1, 2001 and on August 1, 2002, the City shall transfer $550,000 to Market Lubbock, Inc. Market Lubbock, Inc. will transfer those funds to the Lubbock Reese Redevelopment Authority (LRRA) for the purpose of providing an economic development incentive to foster elimination of unemployment and to stimulate business activity within Lubbock. The source of funding is the community investment fund as approved with the annual budget in September 2000. Market Lubbock, Inc. will procure a funding agreement with LRRA that meets with City approval on how the funds are to be utilized. The basic need at this time is to cover costs associated with Fire Services. Staff recommended approval of the resolution and agreement. The next item considered was Item No. 39. (38A.) Consider the reasonableness of a proposed rate increase by Sexton Enterprises, d.b.a. Yellow Cab. 477 City Council Meeting June 26, 2001 Page 478 On May 17, 2001, Sexton Enterprises, d.b.a. Yellow Cab, filed a letter with the City Secretary requesting a 10-cent per mile rate increase due to increased fuel costs. The filing of the proposed rate schedule on June 1, 2001 followed the letter. The City of Lubbock ordinance Section 27-59 requires that, "...t he permit holder shall file the proposed schedule of rate increases with the City Secretary.... . The rate increase.... shall become effective thirty (30) days after filing... unless a public hearing is required to determine the reasonableness.... If within thirty (30) days ... the City Council determines... there exists a question as to the reasonableness... it shall hold a public hearing... " The last request for a rate increase by Sexton Enterprises was filed on March 14, 2000 due to "recent increases in fuel costs and other increases over the last 3 1/2 years..." and became effective after 30 days. City Attorney Anita Burgess spoke for the staff and stated that from results of a survey taken by Lubbock staff concerning Dallas, Houston, Midland, Abilene and Austin, we would be right behind Austin as the second highest rates. Staff recommended holding a public hearing to determine reasonableness of the proposed rates. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to hold a public hearing at the July 12th City Council meeting. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 44. (39. Resolution No. 2001-110267/13I1) #045-01/RW-City of Lubbock Communications Equipment Shelter (Radio Shop). RESOLUTION NO. 2001-RO267 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid #045-01/RW for a City of Lubbock communications equipment shelter, by and between the City of Lubbock and Fibrebond, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-RO267. City Council Meeting June 26, 2001 Page 479 This bid is for the purchase of a new equipment shelter to house the expansion of the 800 MHz radio system at 302 Municipal Drive. This is a specialty building that has bullet proof panels and glass meeting or exceeding UL752-HPR. It has a galvanized metal ice shield to protect it from falling objects. The walls are made from concrete to provide a climate -controlled shelter. The building will be delivered and set up at the 302 Municipal Drive site by the end of July 2001. The low bid is $37,640 from Fibrebond, Inc. of Minden, Louisiana and is within the Equipment Capital Outlay -Communications Building budget. (40.) Resolution No. 2001-R0268/RFP #072-01-Architect-Engineering Services for Silent Wings Museum (Aviation). RESOLUTION NO. 2001-RO268 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 architect - engineering services for Silent Wings Museum, by and between the City of Lubbock and Hellmuth, Obata + Kassabaum, L.P. 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 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0268. This contract involves architectural/engineering (A/E) services for the Silent Wings Museum. The selected A/E firm will design the renovation of the vacant and unoccupied portion of the 1950 Lubbock Airport passenger terminal building located on the west side of Lubbock International Airport. The building will house the Silent Wings Museum, gift shop, visitor information center, as well as storage and shop facilities. The building will also house administrative space for the museum manager and unfinished space that will be developed into a full service restaurant at a later date. This project will be funded through a capital project by the Lubbock International Airport and administered by the Director of Aviation. 479 City Council Meeting June 26, 2001 Page 480 The renovation of the approximately 38,000 square feet of the 1950 Lubbock Airport terminal structure will provide for a variety of museum spaces for the presentations of exhibitions, models, artifacts, and restored aircraft related to the glider program that operated in the Lubbock area during the WW II period. The museum spaces will include gallery spaces, a theatre, library for reference materials, and computer access for other reference locations, and archival storage. Other elements at the site will be the development of a gift shop, offices, restaurant, and meeting space. This project will also include new construction for an expansion of the passenger terminal building to display the restored CG-4 glider and other exhibits. --- The Purchasing Department received nine responses to the RFP. In accordance with City procedures, a selection committee was appointed to review and evaluate the proposals. The selection committee consisted of the Director of Aviation, the Deputy Director of Aviation for Business Administration, the Facilities Management Manager, and two Military Glider Pilots Association Museum Board representatives. Each committee member received a copy of the RFP, a complete set of proposals, and rating forms. The rating criteria used by the committee for the selection of A/E services included: ♦ Qualifications, specialized experience (including preservation/renovation adaptive re -use of older structures and the design of museums and galleries), and competence of the A/E and the assigned personnel. (30%) ♦ Record of Performance. (25 %) ♦ Timeliness of the proposed work schedule. (20%) ♦ Proposed methodology and types of services provided. (15%) ♦ Overall responsiveness to the RFP. (10%) The two top ranked firms, Hellmuth, Obata + Kassabaum (HOK) and Parkhill, Smith, and Cooper (PSC) were invited to make presentations. The committee ranked the two firms as follows: ♦ HOK 359.40 ♦ PSC 346.05 As a result of the overall rankings following the presentations, the selection committee selected HOK to perform the A/E services for the Silent Wings Museum. The HOK firm has an enormous amount of technical expertise, specific knowledge of this project type, and outstanding credentials. Their past projects include the DFW Airport, National Air and Space Museum, National Air and Space Museum - Dulles Center, National Air and Space Museum restaurant addition, Laredo International Airport, and the College Park Aviation Museum. HOK has the necessary experience and expertise in areas that will play dominant roles in the design of the Silent Wings Museum. In addition, HOK will be able to provide in-house development of the gallery/exhibit design with an internationally acclaimed design director who will report directly to the senior project manager. A sample of HOK's design director's resume' includes: ♦ The Harry Bass Collection Exhibit ME City Council Meeting June 26, 2001 Page 481 College Air Park Museum - College Park, MD Natural History Museum of the Adirondacks Tupperlake, NY National Air & Space Museum, The Smithsonian Institution Jacksonville Museum of Science and History —Jacksonville, FL Museum of Science and Natural History —St Louis, MO The Aerodrome Meadowlands, NJ This capital project is funded with various components including Airport Operating Budget, transfer of assets from Glider Pilots Foundation and Silent Wings Board, miscellaneous donations, and transfers from the General Fund. Staff recommended award of contract to Hellmuth, Obata + Kassabaum of Dallas, Texas. This bid establishes annual pricing for soil analysis of soil samples collected by Water Utilities at the Land Application Site. Soil samples are collected annually and semi-annually in compliance with Texas Natural Resource Conservation Commission permit requirements. The successful bidder will analyze soil samples for the following constituents: Total Nitrogen, Nitrate, Ammonia, Phosphorus, Potassium, Sodium, Magnesium, Calcium, SAR, Soluble Salts/EC, and Soil Water pH. The low bid is $11,232.50 annually from Midwest Laboratories of Omaha, Nebraska and is within the Professional Services budget. The pricing agreement term is for one year with an option to renew annually for up to two additional years. (41.) BID #119-01/LR-Soil Analysis for the City of Lubbock Land Application Sites (Water Utilities). This bid establishes annual pricing for soil analysis of soil samples collected by Water Utilities at the Land Application Site. Soil samples are collected annually and semi-annually in compliance with Texas Natural Resource Conservation Commission permit requirements. The successful bidder will analyze soil samples for the following constituents: Total Nitrogen, Nitrate, Ammonia, Phosphorus, Potassium, Sodium, Magnesium, Calcium, SAR, Soluble Salts/EC, and Soil Water pH. The low bid is $11,232.50 annually from Midwest Laboratories of Omaha, Nebraska and is within the Professional Services budget. The pricing agreement term is for one year with an option to renew annually for up to two additional years. (42.) Resolution No. 2001-RO269/RFP #137-01/LR-Relocation Assistance Services (Right Of Way). RESOLUTION NO. 2001-RO269 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 Relocation Assistance Services, by and between the City of Lubbock and Pinnacle Consulting and Management Group, Inc., and related documents. Said Contract is attached hereto and 20 City Council Meeting June 26, 2001 Page 482 incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0269. This contract provides relocation assistance services to 17 residences, businesses, and a church that are being displaced due to the Regis Street Greenbelt Park project from Interstate 27 to Martin Luther King Boulevard. The service provider will meet with those persons being displaced, determine their housing, moving, and relocation needs and calculate their payments as necessary per City of Lubbock guidelines. A review committee made up of Larry Hertel, Richard Burdine, and Mark Earle reviewed the proposal by Pinnacle Consulting Management Group, Inc., the only bidder who submitted a bid. They reviewed the criteria that were important in obtaining a successful relocation assistance company and all approved Pinnacle. The criteria included when they could start the job, experience with similar work in Texas, familiarity with TxDOT acquisition procedures, Spanish speaking capabilities, and a local office. This was the first firm recommended by TxDOT to help us on this project. Their bid is $1,900 per parcel for a total bid of $32,300. If there is an additional displacee, it will be at the same $1,900 per parcel. There are 17 parcels. Staff recommended contract award to Pinnacle Consulting Management Group, Inc. of Oklahoma City, Oklahoma. The contract not -to -exceed amount is $32,300 and is within the Airport-Skyview Corridor budget. (43.) Resolution No. 2001-110270/13I1) #141-01/1)C30' Pre -Wired Artificial Christmas Tree (Parks and Recreation). RESOLUTION NO. 2001-RO270 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid #141-01/13C for a 50' pre -lit Christmas tree, by and between the City of Lubbock and Arnett Marketing, LLC of San Antonio, Texas, and related documents. Said Purchase 482 City Council Meeting June 26, 2001 Page 483 Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0270. This bid is for the purchase of a 50-foot pre -wired artificial Christmas tree to be used at the annual Santa Land Exhibit in December. The tree is a snow tipped natural branch garland panel tree and will replace the use of live tree limbs that are becoming scarce and therefore more expensive. The use of an artificial tree will result in annual cost savings of $3,973 in trees and branches and annual productivity improvement savings of $11,810. Anticipated total annual savings for the project will be $15,783. The low bid is $34,900 from Arnett Marketing, LLC of San Antonio, Texas and is within the Capital Outlay -Trees, Shrubs & Plants budget. The next item considered was Item No. 45. (44.) Resolution No. 2001-R0276/RFP #E147-01/VK-Wrecker and Tow Truck Services (Police Department). RESOLUTION NO. 2001-R0276 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 wrecker services, between the City of Lubbock and Lubbock Wrecker Service of Lubbock, TX., 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. City Council Meeting June 26, 2001 Page 484 Passed by the City Council this 26th day of June, 2001. s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0276. The following tow truck companies submitted proposals to the City of Lubbock for Wrecker and Tow Truck Services: ♦ Lubbock Wrecker Service of Lubbock, Texas ♦ Independent Wrecker Service of Lubbock, Texas A selection committee was appointed by the Police Chief to review and rate the proposals submitted by the firms listed above. The committee first met on June 11, 2001 when the proposals were distributed and method of evaluation discussed. The committee used the basic evaluation methods in the Evaluation Procedures for Competitive Negotiation for Professional & Non -Professional Services of the City Purchasing Department. The evaluation criteria listed in the RFP and the criteria considered by the committee included: ♦ Evidence that the proposer has trained personnel, reliable equipment, and adequate office space and storage facilities necessary to perform the work. (25 %) ♦ Substantial representations regarding the firm's qualifications, demonstrated experience, and demonstrated capabilities appropriate to providing these services as follows: ♦ Experience towing vehicles that have been involved in an accident or have become disabled in the public right-of-way. (20%) ♦ Performance history on current or past commercial tow service contracts or other governmental tow service contracts, including City of Lubbock contracts. (20%) ♦ Qualifications, experience, length of employment with bidder, and performance history of the management personnel responsible for the day-to-day operations of the tow services. (20 %) City Council Meeting June 26, 2001 Page 485 ♦ Guaranteed monthly payment to the City of Lubbock by the Contractor. (15%) Each committee member submitted ratings after reviewing each proposal. Lubbock Wrecker Service received a score of 96%. Independent Wrecker Service's entire proposal consisted of the statement "I propose it return to rotation, fair to all wrecker services in the City" along with a copy of the RFP. Consequently, without being able to apply the evaluation criteria listed above, the selection committee considered the proposal from Independent Wrecker Service non- responsive. The following background information is provided to help explain why staff recommended a wrecker and tow truck service contract rather than the rotation list method: Until June 1998, the Police Department used a weekly rotation list of five tow truck companies. The requirements for a tow truck company to be on this list were for them to have four tow trucks and have a storage facility. The other City Departments followed various procedures. Some departments used the Police rotation list, some called a tow truck company of their choice, and the City Garage maintained a list of tow truck companies. Over the past several years there have been changes which removed tow truck regulation from local control. A Federal law became effective that prohibited states and municipalities from regulating tow truck company's prices and other services. The State of Texas also enacted legislation prohibiting municipalities from regulating tow truck companies' prices and services. The City of Lubbock subsequently changed its ordinance to conform to the Federal and State Law. The Federal government announced they had not intended to exclude tow truck companies from State and Municipal control and the Federal law was amended. The State of Texas continues to prohibit municipalities from these specific tow truck regulations and the Railroad Commission now handles tow truck regulation. Numerous other circumstances over the years have shown us that regulating tow trucks by State law or City ordinance has met with limited success. In the last few years, state regulation of tow trucks has been handled by three different state agencies, which have changed the rules and requirements. The regulation and deregulation by the Federal and State governments have resulted in many cases in poor quality of services and equipment. Some drivers are not properly trained and storage facilities are in poor condition. It was evident staff needed to look at an alternative to provide improved tow truck service for the citizens of Lubbock. The Police Department conducted meetings with several of the tow truck companies and did extensive research with other cities. This research indicated that contracting with a single tow truck company for all City business would be the best approach. A contract for these services allows the city requirements to be met without requiring regulations for all tow truck companies. The companies not under contract will only be regulated by state law. The City Attorney's office has researched this issue and believes contracting tow truck service to one company is proper. During the past three years, the wrecker and tow truck contract has resulted in improved and professional service to citizens of the community. In addition, payments made to the City by the tow truck City Council Meeting June 26, 2001 Page 486 company have helped offset expenses of enforcing tow truck regulations and picking up abandoned vehicles. Staff recommended contract award to Lubbock Wrecker Service of Lubbock, Texas to perform Class I wrecker and tow truck services as required for the City of Lubbock. Lubbock Wrecker Services will pay the City $10,000 each month during the term of the contract. The term of the contract is one year with an option to renew annually for up to four additional years. Victor Kilman, Director of Purchasing, represented the staff. City Attorney Anita Burgess informed the staff that this allowed free choice to the citizens and after that it was at the discretion of the officer at the scene of the accident. Lieutenant Tom Mann of Police Department stated the officer is required to give a citizen the opportunity to call the tow truck service of their choice. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to pass on Resolution 2001-RO276 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item to be considered is Item No. 48. (45.) Resolution No. 2001-RO271/BID 149-01/RS-Rewiring Gravity Thickeners & Solids Handling Equipment at Water Reclamation Plant #4 (Water Reclamation). RESOLUTION NO. 2001-RO271 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 rewiring gravity thickeners & solids handling equipment, by and between the City of Lubbock and Brandon & Clark, 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 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney City Council Meeting June 26, 2001 Page 487 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this «Day» day of «Month» , «Year» , by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and BRANDON & CLARK, 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 #149-01/RS - REWIRING GRAVITY THICKENERS & SOLIDS HANDLING EQUIPMENT AT WATER RECLAMATION PLANT NO. 4 - $47,691.50 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Gerry Averett Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Karen R. Hudgens CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: BRANDON & CLARK, INC. By: /s/ Roger Clakr VP PRINTED NAME: Roger Clark TITLE: VP COMPLETE ADDRESS: Brandon & Clark, Inc. 3623127 Lubbock, TX 79404 City Council Meeting June 26, 2001 Page 488 This project involves rewiring the electrical equipment in the Solids Handling Building at the Water Reclamation Plant. This is necessary due to the deterioration of the existing wire and conduits because of the harsh environment and wet location. This condition adversely affects the reliability of the equipment and could present a safety hazard to the plant operations personnel. The low bid is $47,691.50 from Brandon & Clark Electric of Lubbock, Texas and is within the System Capital Outlay -Wastewater Plant Maintenance budget. (46.) BID 151-01/RS-Post-Emergent Herbicide Application (Parks and Recreation). This bid will provide for the application of post emergent herbicide to various City properties, parks and cemetery. The application of the herbicide will control annual and perennial weeds and improve turf health and appearance. The low bid is $48,015 from D's Pest Control, Inc, of Lubbock, Texas and is within the Park Maintenance -Capital Outlay budget. (47.) Resolution No. 2001-RO272/RFQ #159-01/RS-Fmergency Purchase of HDPE Pipe and Fittings (Water Utilities). RESOLUTION NO. 2001-RO272 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid #159-01/RS for emergency purchase of HDPE pipe and fittings, by and between the City of Lubbock and Onda-Lay Pipe & Rental, Inc., of Midland, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of June, 2001. /s/ WINDY SITTION WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-RO272. This emergency purchase is for various sizes of high -density polyethylene (HDPE) pipe to be installed by City personnel at the North Avenue P Landfill. Quarterly monitoring detected the presence of methane gas on the west side of the landfill that exceeded explosive LER City Council Meeting June 26, 2001 Page 489 levels creating a threat to the health and safety of employees, citizens and property. City personnel will construct and install a landfill gas collection treatment system to correct the presence of methane levels. The installation of this system is necessary to comply with Texas Natural Resource Conservation Commission requirements. The current level of methane gas has exceeded the permit and regulatory requirements creating a threat to the health and safety of citizens and property. The lowest quotation meeting the City's time requirements is $94,867.07 from Onda-Lay Pipe and Rental, Inc. of Midland, Texas and is within the Methane Monitoring Project budget. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. Next item to be considered was Item No. 19. (48.) ORDINANCE #2001-00042-Amending Chapter 12 of the Code of Ordinances of the City of Lubbock, Texas, with regard to public health by amending article IX pertaining to smoking in public places; regulating smoking in work places and regulating tobacco sales or samples to minors and take appropriate action (second and final reading) . ORDINANCE NO. 2001-00042 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PUBLIC HEALTH BY AMENDING ARTICLE IX PERTAINING TO SMOKING IN PUBLIC PLACES; REGULATING SMOKING IN WORK PLACES; REGULATING TOBACCO SALES OR SAMPLES TO MINORS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The current City of Lubbock Smoking Ordinance was passed in October 1987 and later modified in November 1995. On June 14, 2001 the City Council heard the final report from the Chair of the Ad Hoc Smoking Ordinance Committee, Tom Johnson. The Council acted on an ordinance proposed by Councilman David Nelson and passed the ordinance on the first reading by a vote of 4-3. This ordinance will, in part, allow a 3-year phase in period for all restaurants and will continue to allow smoking in bars, sports grills, and bingo parlors. A second reading is required in order to enact the newly approved smoking ordinance and begin the phase -in period. Summary of Smoking Ordinance: 1. Prohibits smoking in most public places (with exceptions —bars and sports grills). 2. Allows a three-year phase -in period. 3. All existing establishments will be smoke free after three years unless individual establishments develop separately enclosed areas ventilated to the outside for smoking. 4. Full service restaurants with separately enclosed and ventilated areas for smoking are not to exceed 30% of the dining area. ,;. City Council Meeting June 26, 2001 Page 490 5. Bingo parlors existing before January 1, 2001 are exempt. 6. Bowling alleys must have separate and enclosed areas for smokers. 7. Signs with specific language and size must be displayed at all entrances to all buildings where smoking is allowed. 8. A permit or license allowing smoking will be required. 9. Other subsequent actions such as the definition of a sports grill will need attention by Planning and Zoning. Staff recommended approval, although it should be pointed out that minor revisions are being considered and will be forwarded to Council as soon as they are available. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson for the approval and adoption of the previously approved ordinance that was voted on June 14, 2001 with the following amendments: 1) Extend the three-year phase -in period to all entities affected by this ordinance, not simply restaurants; 2) exempt small single -employee businesses; 3) clarify the exemption for private functions; 4) make consistent the exemptions for bars throughout the city, including the airport; and 5) clarify that the Environmental Inspection Systems Department or services department of the City performs the enforcement of this ordinance and to pass on second reading Ordinance No. 2001-00048 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Councilmember Patterson asked to call for the question. Mayor Sitton called for the question. Motion did not carry: 3 Yeas; 4 Nays. Those voting Nay were Councilmembers Morrison, Cooke, Hernandez and McDougal. After further discussion, Councilmember Patterson asked to call for the question. Mayor Sitton called for the question. Motion carried: 4 Yeas; 3 Nays. Those voting Nay were Councilmembers Morrison, Cooke and McDougal. PUBLIC HEARING ZONING (49.) Ordinance No. 2001-00049/ZONE CASE NO. 2910 (2618-2620 Auburn): Hold a public hearing to consider request of Maggie Trejo (for Community Housing Resource Board) for a zoning change from R-2 to A-1 limited to three duplexes, on the South 132.5 feet of the East 90 feet of Block 61 and the West 50 feet of the South half of Block 62, Arnett -Benson Addition, and to consider ordinance. ORDINANCE NO. 2001-00049 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2910; A ZONING CHANGE FROM R-2 TO A-1 LIMITED TO THREE DUPLEXES ZONING ON SOUTH 132.5 FEET OF THE EAST 90 FEET OF BLOCK 61 AND THE WEST 50 FEET OF THE SOUTH HALF OF BLOCK 62, ARNETT-BENSON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. .m City Council Meeting June 26, 2001 Page 491 Mayor Sitton opened the public hearing at 3:54 p.m. Randy Henson appeared on behalf of the staff. No one appeared in opposition. Mayor Sitton closed the hearing at 3:55 p.m. The Planning Commission approved this request two months ago, after which a notice error was discovered. Such an error voids a case, resulting in this new start. Two buildings have been started as permitted by the current zoning The request is in a neighborhood zoned R-2 for duplex construction. The area is a mixture of single family and duplex homes. The Community Housing Resource Board owns two large lots, and proposes three duplex units. The Board is a nonprofit group providing affordable housing. In this instance the users will be seniors and each living unit will be one bedroom for a single person or couple, the three buildings will be comparable to two three -bedroom homes. Adjacent land use is residential in all directions. The proposal is reasonably consistent with the Comprehensive Land Use Plan. Normally, A-1 in the middle of R-2 would not be good policy, but this request limits the development to three duplex units and a small common parking lot. The land area of the two lots (18,000+ square feet) meets R-2 density requirements for three units (which is 6,000 square feet per duplex). The shape of the lot simply works better with the proposed arrangement versus replatting into three lots. The staff proposed the zone change versus replatting since CHRB wants to arrange the three buildings in a manner to have a small common area in the middle for yard and landscaping. The proposal should have no effect on the thoroughfare system. The staff continues to support the request as A-1 limited to three duplex buildings. The Planning and Zoning Commission recommended approval of this request subject to the following condition: Development shall be limited to three duplex units with a common parking lot. The staff supports the recommendation of the Planning Commission Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2001- 00049 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (49.) Ordinance No. 2001-00050/ZONE CASE NO. 1947-D (northwest corner of 32"d and Frankford Avenue): Hold a public hearing to consider request of Michael R. Postar for a zoning change from A-1 to C-4 Specific Use for a self -storage facility on an unplatted 7-acre tract of land out of Section 44, Block AK, and to consider ordinance. ORDINANCE NO. 2001-00050 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1947-D; A ZONING CHANGE FROM A-1 TO C-4 SPECIFIC USE ZONING ON AN UNPLATTED 7-ACRE TRACT OF LAND OUT OF SECTION 44, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; 491 City Council Meeting June 26, 2001 Page 492 SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 3:56 p.m. Michael Postar appeared on behalf of his request. Randy Henson appeared on behalf of the staff. No one appeared in opposition. Mayor Sitton closed the hearing at 3:58 p.m. The request would accommodate a mini -warehouse project. Adjacent land uses: North - vacant, zoned A-1 South - apartments East - Lubbock Christian University property, zoned R-1 West - apartments The proposal represents a change to the Comprehensive Land Use Plan. The parcel proposed for the project is currently zoned A-1, and the Plan indicates apartments as proposed land use. As Specific Use for a commercial project, the proposal may fit the area since apartments surround on three sides. The owner of at least some of the adjacent apartments is in favor. The future of the LCU property to the east is uncertain, at one time it was zoned for a golf course which did not materialize. The approval from the Commission includes a recommendation of a minor change to the Comprehensive Land Use Plan for this parcel. To review the guidelines contained in the Code for mini -warehouse projects in a C-4 Specific Use permit: Mini -warehouses in "C-4" . Subject to the following as minimum conditions: a. Limited to single -story structures. b. Individual lease spaces shall not exceed 250 square feet. C. The storage of goods, which are explosive, highly flammable, or produce noxious odors shall be prohibited. d. No mini -warehouse development lot shall abut a street which is the boundary of an abutting "R-l" or "R-2" Zone. e. A six-foot solid masonry fence, or the equivalent, shall be erected and permanently maintained adjacent to any residential zone. f. The mini -warehouse structures, when visible from any residential parcel, or the fronting street of a commercial zone, shall be constructed of material which is comparable in texture, color and quality to adjacent buildings in commercial zones. Such detail shall be specified on the site plan. Three items were discussed in particular by the Commission: This proposal is not consistent with "d" . The LCU property remains zoned R-1 but is vacant. Frankford is a designated north/south collector at this location. It may be upgraded to thoroughfare status in the future with construction of the bridge at Loop 289 and Frankford. 492 City Council Meeting June 26, 2001 Page 493 • The fence required in "e" was specifically discussed. Previous projects have used the wall of the structure as the fence, which is fully acceptable from the zoning code perspective. The proponent is requesting metal panel walls versus the masonry noted in the Code. This alternative to the solid masonry has been approved in numerous other projects. • The apartments in the area are combinations of brick and masonite. This proponent uses metal panel construction on the storage lockers and the screening fence, and the office is normally of brick construction. In previous cases, the guideline suggesting minimum C-4 landscape requirements has been reshaped to require that all areas outside the walls or fence be landscaped, although the area may not comprise five percent of the parcel. The site plan notes landscaping on the entire perimeter. The site plan also indicates a reduced setback on the three street fronts. Since there is no adjacent commercial, the reduced setback should not be a problem. The proposal will not have a negative impact on the thoroughfare system. In terms of traffic, the proposed mini -project will produce significantly less traffic than an A-1 apartment project would. This vicinity is already "apartment intensive". The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. Brick or split face block for the office. 2. Allowance for wrought iron fencing at the entrance on Frankford and 32°d Street 3. Metal fence or building walls are allowed for the perimeter screening fence. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2001- 00050 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (50.) Ordinance No. 2001-00051/ZONE CASE NO. 2912 (102,104,105,106,107 and 108 East 751h Street) : Hold a public hearing to consider request of Steve and Barbara Manahan and Julian and Nancy Martinez for a zone change from R-1 to R-1 Specific Use (residential estates) on Lots 13 and 14, Block 1 and Lots 7, 8, 9 and 10, Block 2, Smithlawn Heights Addition, and to consider ordinance. ORDINANCE NO. 2001-00051 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2912; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING ON LOTS 13 AND 14, BLOCK 1 AND LOTS 7, 8, 9 AND 10, BLOCK 2, SMITHLAWN HEIGHTS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 493 City Council Meeting June 26, 2001 Page 494 Mayor Sitton opened the public hearing at 3:59 p.m. Barbara Manahan and Julian Martinez spoke in favor of the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 4:00 p.m. The request would allow the owners of the two parcels in this relatively undeveloped area of town to keep livestock. The RE District requires that the residents live on the parcel to keep livestock. Numerous other lots in this subdivision have nonconforming livestock on them. Adjacent land use is residential in all directions; many of the adjacent lots are vacant. The proposal is consistent with the Comprehensive Land Use Plan in that the RE is still residential. Although the original concept of RE was designed to fit an entire "horse neighborhood", the residents in this case were not able to find the owners of all the adjacent vacant property. The proposal is consistent with zoning policy. The proposal will have no effect on the thoroughfare plan. The Planning and Zoning Commission recommended approval of this request. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2001- 00051 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (52.) Ordinance No. 2001-00052/ZONE CASE NO. 934-F (5605 Villa Drive): Hold a public hearing to consider request of Bob Jordan for a zoning change from C-4 (limited to offices) to C-4 (limited to gamerooms, bars and all unconditionally permitted C-3 Uses) on Tracts E-35 through E-42, C.N. Hodges Resub Addition, and to consider ordinance. ORDINANCE NO. 2001-00052 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 934-F; A ZONING CHANGE FROM C-4 (LIMITED TO OFFICES) TO C-4 ZONING (LIMITED TO GAMEROOMS, BARS AND ALL UNCONDITIONALLY PERMITTED C-3 USES) ON TRACTS E-35 THROUGH E- 42, C.N. HODGES RESUB ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:01 p.m. Gerald Northcutt appeared on behalf of Bob Jordan and owners of the Copper Caboose relocation. No one appeared in opposition. Mayor Sitton closed the hearing at 4:03 a.m. The property was zoned years ago in a C-4 District with a provision that the uses are limited to offices. The zoning for adjacent areas is C-4 with no or different conditions. The proposal would allow the location to operate as either a bar or a restaurant with a gameroom. The request asks for only the two C-4 permitted uses and C-3. Adjacent land uses are commercial in all directions. City Council Meeting June 26, 2001 Page 495 The proposal is consistent with the guidelines within the Comprehensive Land Use Plan that C-4 should be located on an U.S. or State highway. With an arrangement for adequate parking the proposal is consistent with zoning policy. The property owner has a cross access and parking easement filed of record on the land to the east. The project should have little impact on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request subject to the following condition: Permitted uses shall be limited to gamerooms, bars and all unconditionally permitted C-3 Uses. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 2001- 00052 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (53.) Ordinance No. 2001-00053/ZONE CASE NO. 2719-A (8001 University Avenue): Hold a public hearing to consider request of Paul P. Fields (for Quick Quack Express Car Wash) for a zoning change from C-2 to C-3 on Tract D, Oak Park Addition, and to consider ordinance. ORDINANCE NO. 2001-00053 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2719-A; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON TRACT D, OAK PARK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:04 a.m. Paige Johnston appeared on behalf of Quick Quack. No one appeared in opposition. Mayor Sitton closed the hearing at 4:05 a.m. The request is for zoning from C-2 to C-3 to allow a self-service drive through car wash. Adjacent land use is commercial in all directions. The request is consistent with both Comprehensive Land Use Plan and zoning policy. Several other car washes exist adjacent to this intersection. The proposal will have no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2001- 00053 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. City Council Meeting June 26, 2001 Page 496 (54.) Ordinance No. 2001-00054/ZONE CASE NO. 2913 (north of 82n1 Street and east of Avenue P): Hold a public hearing to consider request of Ed Bucy (for the City of Lubbock) for a zoning change from R-1 to R-2 on unplatted LCAD tracts A-2-A, A-3-A, A-6, A-7, A-7-1), A-7-C, A-7-B, A-7-C-1, A-7-A in Section 5, Block E and Lots 89-100, Winniewood Addition, and to consider ordinance. ORDINANCE NO. 2001-00054 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2913; A ZONING CHANGE FROM R-1 TO R-2 ZONING ON UNPLATTED LCAD TRACTS A-2-A, A-3-A, A-6, A-7, A-7-D, A-7- C, A-7-13, A-7-C-1, A-7-A IN SECTION 5, BLOCK E AND LOTS 89-100 WINNIEWOOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:06 p.m. Ed Bucy and Randy Henson appeared on behalf of the staff. No one appeared in opposition. Mayor Sitton closed the hearing at 4:09 a.m. The City of Lubbock acquired the lots from Avenue P to just west of the Tahoka Highway during the widening of 82nd Street. The lots are part of a subdivision developed outside the city limits with lots that front on 82nd Street. With the designation of 82nd Street as a part of the thoroughfare system, a plat with lots fronting the street would not be permitted today. This rezoning is an attempt to make the lots marketable in a manner that will comply with the Comprehensive Land Use Plan, allow development of the parcels, and not detract from the function of the new street as a major thoroughfare. Future attempts for strip commercial on these lots, perhaps with the exception of a one -block length on the west and east, should be discouraged. The lots are substandard in depth for commercial development, and residential exists to the north across an alley. Adjacent land uses: North - single family South - single family and some commercial. The city limits is 150 feet south of the centerline of 82nd Street. East - commercial West - Avenue P The proposal is consistent with the Comprehensive Land Use Plan and zoning policy. An adjustment to this zoning may occur on the west end at 82n1 Street and Avenue P in the future because of the commercial on the south side of the street. Development as duplex residences would buffer the residential to the north and, with a proposed condition for the parking arrangement, create the least disruption for the thoroughfare function of 82" Street. What happens on these lots will have a big impact on the smooth function of 82n1 Street as a thoroughfare. The staff is proposing that one driveway be allowed for each two duplex units (a shared drive) with parking spaces designed in a manner that does not require backing into 82n1 Street. This will reduce the drive cuts by at least half and provide a safer entry and exit procedure for the residents. The Planning and Zoning Commission recommended approval of this request subject to the following condition: City Council Meeting June 26, 2001 Page 497 That one driveway be allowed for each two duplex units (a shared drive) with parking spaces designed in a manner that does not require backing into 82°d Street. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2001- 00054 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (55.) Ordinance No. 2001-00055/ZONE CASE NO. 2903-A (1081h Drive west of University): Hold a public hearing to consider request of Burl W. Masters (for Sunrise Development) for a zoning change from R-2 to R-1 Specific Use for garden homes and a reduced front setback on lots 145-A through 200, Sunrise Estates Addition, and to consider ordinance. ORDINANCE NO. 2001-00055 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2903-A; A ZONING CHANGE FROM R-2 TO R-1 SPECIFIC USE ZONING ON LOTS 145-A THROUGH 2O0, SUNRISE ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:10 p.m. Burl Masters appeared on behalf Sunrise Development. No one appeared in opposition. Mayor Sitton closed the hearing at 4:11 p.m. The proponent is rezoning a row of duplex lots back to garden home. Adjacent land uses: North - residential South - residential East - residential West - residential The request is consistent with the Comprehensive Land Use Plan and zoning policy. On four lots, adjacent to an "eyebrow" off the main street, the request is for a reduced setback to five feet similar to the now common five-foot minimum on cul de sac lots. The project will have no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request subject to the following condition: A five-foot setback shall be permitted for any garage portions of structures on Lots 157A, 158A, 196, and 197. A minimum of twenty feet of front setback shall be required for any front entry garage portion of structures on these lots. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2001- 00055 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. .•A City Council Meeting June 26, 2001 Page 498 (56.) Ordinance No. 2001-00056/ZONE CASE NO. 2832-A (northeast corner of 82°1 Street and Avenue U): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for Lubbock Land Company) for a zoning change from R-1 Specific Use to R-1 Specific Use for a reduced front and side setback on an unplatted 12.4 acre tract of land out of the southeast quarter of Section 4, Block E. ORDINANCE NO. 2001-00056 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND — THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2832-A; A ZONING CHANGE FROM R-1 Specific Use TO R-1 SPECIFIC USE ZONING ON AN UNPLATTED 12.4 ACRE TRACT OF LAND OUT OF THE SOUTHEAST QUARTER OF SECTION 4, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:11 p.m. No one appeared to speak in favor. No one appeared in opposition. Mayor Sitton closed the hearing at 4:12 p.m. The proposal is to rezone these lots from Specific Use for garden homes to a Specific Use Permit allowing a twenty -foot front setback, a five-foot side setback adjacent to Avenue U and on cul de sac lots, and minimum 4,000 square foot lots. Adjacent land use: North - residential South - residential East - residential West - residential The proposal is consistent with the Comprehensive Land Use Plan and zoning policies. The proposed standards and setback are less restrictive than the current zoning would allow with the exception of the five-foot setback adjacent to Avenue U. As noted in previous cases, since the rear yard fences may be located with no setback, the code requirement for a ten -foot side setback is somewhat irrelevant. The project will have no effect on the thoroughfare plan. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. A twenty -foot front setback shall be minimum. 2. A five-foot front setback on cul de sac lots and a five-foot side setback for lots adjacent to Avenue U shall be minimum. 3. Lots shall have a 4,000 square foot minimum. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2001- 00056 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. • ;a City Council Meeting June 26, 2001 Page 499 (57.) Ordinance No. 2001-00057/ZONE CASE NO. 2914 (north of 741h Street and east of Upland Avenue): Hold a public hearing to consider request of Greg Garrett (for Morgan Baker) for a zoning change from T to C-4 Specific Use for a secondhand or used car sales lot and body shop with screened, outdoor storage on an unplatted 3.1 acre tract out of Section 30, Block AK, and to consider ordinance. ORDINANCE NO. 2001-00057 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2914; A ZONING CHANGE FROM T TO C-4 SPECIFIC USE ZONING FOR A SECONDHAND OR USED CAR SALES LOT AND BODY SHOP ON AN UNPLATTED 3.1 ACRE TRACT OUT OF SECTION 30, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:13 p.m. Greg Garrett appeared on behalf of Morgan Baker. Randy Henson gave staff comments. No one appeared in opposition. Mayor Sitton closed the hearing at 4:16 a.m. The proponent owns a building that was within the area annexed in 1999. The current use of the building is reconstruction and sales of wrecked vehicles. The business has grown to include the need for an impound area to store wrecked vehicles before they are repaired. The current parcel is nonconforming for the body shop. An area to the east is in contract for purchase to expand the business. Adjacent land uses: North - vacant South - residential East - residential West - nonconforming commercial across Upland The proposal is not consistent with the Comprehensive Land Use Plan recently adopted for the annexed area. The proposed land use was initially residential since the property is not within the forty -acre policy area at the intersection of two major thoroughfares (Brownfield Highway and Upland Avenue). There is no doubt that land uses in parts of the annexed area do not conform to the principles of the Plan and that a considerable amount of discussion and adjustment will be necessary as time goes on. The zone case is a heavier use than is normally supported adjacent to residential areas. The use of the C-4 Specific Use Permit avoids the need to use an industrial classification, which part of the proposed use may come closer to by definition. The outdoor storage area is proposed to be completely enclosed with a solid fence. The proposal will have no effect on the thoroughfare system. Consideration of this request has two major perspectives to be discussed: • The impact of the use on the residential to the south and east. There have been no objections. That should be reflected from adjacent residential owners. Had the project been accomplished before annexation the adjacent owners would have had no say. M111 City Council Meeting June 26, 2001 Page 500 • Approval of this case will establish the fact that this lot and the approximate 29 acres north to 66' Street will become commercial. Amendment of the entire area to commercial on the Comprehensive Land Use Plan is recommended. The area has a portion that will be difficult to develop because of an old borrow pit and a low area that was filled in an illegal manner. An equestrian center is on a large part of the property, and all the area to the west of Upland is already commercial in use and policy. Commercial development in the future may make the drainage issues easier to cope with and more affordable with a better return of investment than residential would produce. Regarding zoning policy, there is a tendency for these lots to become a scrap yard. The Commission discussed a number of conditions that will help the lot to remain an impound only and not to become a parts yard or scrap yard. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. Fully screened wrecked vehicle storage with no vehicle or parts visible from adjacent property, or stacked above the fence. 2. No gate that opens to allow visibility of the yard from Upland. 3. That any auto carcass or parts not required for an immediate reconstruction project be disposed. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2001- 00057 as recommended by staff with the recommendation that No. 3 be changed to read: "3. That any auto carcass or parts not required for an immediate reconstruction project be disposed of after a reasonable amount of time, not to exceed 6 months." Motion carried: 7 Yeas, 0 Nays. (58.) Ordinance No. 2001-00058/ZONE CASE NO. 1196-D (2202 Indiana and 3409-3411 22°d Street): Hold a public hearing to consider request of Parkhill, Smith and Cooper, Inc. (for First Bank and Trust Co.) for a zoning change from C-2A and Rl to AM Specific Use for a bank/office on Lots 2-6, Block 2, Squyres Place Addition, and to consider ordinance. ORDINANCE NO. 2001-00058 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1196-D; A ZONING CHANGE FROM C-2A AND R-1 TO AM SPECIFIC USE ZONING FOR A BANK/OFFICE ON LOTS 2-6, BLOCK 2, SQUYRES PLACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 4:20 p.m. Kelby Sue appeared on behalf of Parkhill, Smith and Cooper (for First Bank and Trust Co.). No one appeared in opposition. Mayor Sitton closed the hearing at 4:22 p.m. 500 City Council Meeting June 26, 2001 Page 501 The proposal is to rezone a parcel currently occupied by a small shopping center that originally was a convenience store and two adjacent residential lots to AM Specific Use as a bank. Adjacent land uses: North - Offices and parking South - Offices East - Indiana Avenue, with residential on the east side West - existing residential The proposal is consistent with the Comprehensive Land Use Plan and zoning policy. The property is in the AM Policy District between 19`h Street and 24' Street, from Indiana to Quaker. As noted, the Specific Use section of the zoning code has "savings and loan" as an entry, which has functioned for both banks and savings and loans in previous zone cases since deregulation removed the distinction between the two. The proposed site plan indicates 59 parking spaces without counting the four drive -through spaces. The normal AM requirement of 1/150 would require 78 spaces, while "offices" in commercial districts have a 1/200 ratio. The proposed 59 spaces meets the 1/200 requirement for the ground and second floor square footage. The request includes not requiring parking for the 1,700 square foot basement that will be limited to storage. A zoning condition that requires that the basement be used only for storage of records will benefit the overall number of spaces required, although the staff would be remiss if staff did not point out that storage in a basement allows for square footage on the ground floor to be used as "customer area". Nonetheless, the staff finds the proposal suitable with a net ratio of 1/200. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. The basement shall be limited to record storage only, no office or break room facilities. 2. A 1/200 parking ratio shall be permitted for the ground and second floor area. 3. Any portion of the drive -through shall have a minimum of ten feet of setback from 22" Street. 4. A minimum of a ten -foot setback from Indiana and a twenty -five- foot setback from 22nd street shall be allowed for the temporary office, not to be in place more than 12 months from the effective date of this ordinance. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Cooke to pass on first reading Ordinance No. 2001- 00058 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 61. 501 City Council Meeting June 26, 2001 Page 502 SPECIAL (59.) Hold a public hearing for consideration of the Community Development Department recommendations for the funding of programs for the FY2001-2002 Community Development Block Grant (CDBG), Home Investment Partnership (HOME), and Emergency Shelter Grant (ESG) funds. Mayor Sitton opened the public hearing at 6:05 p.m. Nancy Haney appeared on behalf of the staff. No one appeared in opposition. Mayor Sitton closed the hearing at 6:15 p.m. (60.) Resolution No. 2001-RO277 approving the recommendations made by the Community Development Department regarding the FY2001- 2002 CDBG, HOME, and ESG allocations. RESOLUTION NO. 2001-RO277 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby accepts the recommendations for and reallocation of 2001-2002 CDBG, ESG and HOME grant funds by the Community Development Department and all related documents. Said recommendations are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims Assistant City Attorney A copy of the recommendations is filed with Resolution No. 2001-R0277. The U.S. Department of Housing and Urban Development informed the City of Lubbock that the city is eligible to receive a fiscal year 2001 consolidated formula allocation of $4,666,000 to allocate this year. The city received over 80 applications for CDBG, HOME and ESG funds with requested amounts totaling over $6,700,000. Lubbock citizens participated in this year's funding process through neighborhood associations, community and business organizations, direct participation and the Community Development and Services Board (CDSB). In making the recommendation Community Development kept 502 City Council Meeting June 26, 2001 Page 503 in mind the goals of the City Council, the consolidated plan, the identified needs of the neighborhoods, staff priorities, and the recommendations of the provider groups. The recommendation for spending federal dollars has been published since June 10, 2001. This public hearing will allow citizens to directly participate by addressing the City Council with comments. The recommendation from Community Development is the following: 2001-2002 PROPOSED USE OF COMMUNITY DEVELOPMENT RESOURCES BY GRANT Amount Agency project Recommended Community Development Block Grant Broadway Festivals Expanded 4" Corps $ 4,180 Black Chamber Entrepreneur Intervention $ 9,845 Boys & Girls Club Job Ready Program $ 19,500 Buckner's Children's Project ROCK $ 15,000 Buddy Holly Center SMART $ 20,000 Catholic Family Services Employment Training $ 45,000 Children's Advocacy Healing For Abused Children $ 20,000 Center Christian Women's Job Job Training $ 26,900 Corps City Of Lubbock Health Step Up To Health $ 2,500 Dept. City Of Lubbock Parks Computer Learning Labs $ 38,000 City Of Lubbock Parks Summer Satellite Program $ 40,000 City Of Lubbock Parks Rec Action $0 City Of Lubbock Weather Radios $0 Emergency Operations Communities in Schools Empowerment & Employment $ 45,000 Cotton Kings Mobile Hockey $0 Cotton Kings Kids On Ice $0 Early Learning Centers Child Care $ 40,000 Guadalupe Parkway Summer Blast $ 16,159 LEARN Project RISE $0 Lubbock Area Coalition Literacy Outreach $ 6,000 for Literacy Lubbock Baptist My Father's House $0 Association LUNA Achieving the Goal $0 LUNA Neighborhood Revitalization $0 503 City Council Meeting June 26, 2001 Page 504 MADD Youth In Action $0 March of Dimes Stork's Nest $ 17,000 MHMR Family Hope $0 New Zion Drug Prevention $0 100 Black Men of West Rites of Passage Boxing $ 35,431 Texas Planned Parenthood Prevention Education $0 Prevent Blindness Glaucoma Screening $ 10,250 SPARC Dental & Vision Care $ 10,000 Victory Church Outreach $0 YWCA Child Care $ 40,000 YWCA Health Initiative $ 6,670 YWCA Challenger $ 11,665 YWCA Micro -Business Apprentice $0 Program YWCA Volunteer Caregiver $ 9,900 Broadway Festivals Renovation $0 City Of Lubbock CD Barrier Free Program $150,000 City Of Lubbock CD Economic Development $181,199 City Of Lubbock CD Emergency Repair $150,000 City Of Lubbock CD Exterior. Home Improvement $100,000 City Of Lubbock CD LAZIP $0 City Of Lubbock CD Micro -Enterprise Loans $ 50,000 City Of Lubbock CD North University Redevelopment $0 City Of Lubbock CD Residential Rehab $400,000 City Of Lubbock CD Sidewalk $125,000 City Of Lubbock CD WASAP $ 50,000 City Of Lubbock EIS Salary Reimbursement $165,000 City Of Lubbock Parks Trees $ 7,500 City Of Lubbock Parks Senior Center Renovation $0 City Of Lubbock Parks Sand Volleyball $0 Guadalupe/Parkway Renovation $ 25,000 Neigh. Centers Lubbock Housing Child Care Center Renovation $0 Authority Lubbock Housing Down Payment & Closing Costs $ 75,000 Finance Corporation MLK Memorial Project Sidewalks $0 504 City Council Meeting June 26, 2001 Page 505 SORCA 16°i & X $ 7,800 SORCA Orchard $0 SORCA Sidewalks $0 SORCA Trees $0 South Plains Food Bank Renovation $ 7,750 YWCA Renovation $110,000 City Of Lubbock CD Housing Delivery $554,997 City Of Lubbock CD Indirect Costs $ 95,000 City Of Lubbock CD CDBG Administration $516,754 Total CDBG $3,260,000 HOME Investment Partnership Program City Of Lubbock CD Reconstruction $ 500,500 City Of Lubbock CD New Construction $ 300,000 Community Housing Elderly Housing $ 32,475 Resource Board Community Housing Lease Purchase(CHDO Project) Resource Board $ 174,750 Community Housing Operations $ 44,875 Resource Board Hide -Away -Village Renovation $0 West Texas Community Affordable New Homes $ 93,025 Impact Corp West Texas Community Operation $ 19,875 Impact Corp City Of Lubbock CD HOME Administration $ 129,500 Total HOME $1,295,000 Emergency Shelter Grant Alcohol Recovery Center Operations $ 1,554 ASK House Operations $ 2,886 Interfaith Hospitality Operations $ 888 Salvation Army Operation $ 5,772 Salvation Army Homeless $ 33,300 Prevention ASK House Essential $ 1,050 Services Salvation Army Essential $ 24,750 Services Women's Protective Essential $ 7,500 Services Services 505 City Council Meeting June 26, 2001 Page 506 Alcohol Recovery Center Rehab $ 4,500 Interfaith Hospitality Rehab $ 7,000 MHMR Rehab WPS Rehab $ 9,500 City Of Lubbock CD ESG $ 5,550 Administration Total ESG $111,000 Staff recommended that the City Council accept the Community Development funding recommendations for FY 2001-2002. Motion was made by Councilmember McDougal, seconded by Councilmember Hernandez to pass Resolution No. 2001-RO277 in the amounts as recommended by the Community Development Department with exception of South Plains Food Bank, Broadway Festivals, Communities in Schools and 100 Black Men of West Texas. Motion carried: 7 Yeas, 0 Nays. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass Resolution No. 2001-RO277 in the amounts as recommended by the Community Development Department: 100 Black Men of West Texas. Motion carried: 6 Yeas, 1 Nays. Councilmember Hernandez voted Nay. Motion was made by Councilmember Morrison, seconded by Councilmember Hernandez to pass Resolution No. 2001-RO277 in the amounts as recommended by the Community Development Department: Broadway Festivals. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal recused himself. Motion was made by Councilmember Morrison, seconded by Councilmember Hernandez to pass Resolution No. 2001-RO277 in the amounts as recommended by the Community Development Department: Communities in Schools. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal and Councilmember Patterson recused themselves. (61.) Consider two appointments to the Civic Lubbock, Inc. Board of Directors. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Gertie Jeter and Eusebio Moralez to the Civic Lubbock, Inc. Board of Directors. Motion carried: 7 Yeas, 0 Nays. (62.) Consider one appointment to the Culture and Arts Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Kerrie Sessions -Griffith, to the Culture and Arts Commission. Motion carried: 7 Yeas, 0 Nays. (63.) Consider one appointment to the Public Transit Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Ronald Phillips to the Public Transit Advisory Board. Motion carried: 7 Yeas, 0 Nays. 4:30 P.M COUNCIL RECESSED 506 City Council Meeting June 26, 2001 Page 507 6:00 P.M. COUNCIL RECONVENED Next item to be considered is Item No. 59. 6:40 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Sitton adjourned the meeting. Read and approved this day of 12001. /s/ windy sitton WINDY SITTON, MAYOR ATTEST: Rebec a Garza, City Secretary 507