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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/23/2003CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JANUARY 23, 2003 7:30 A. M. on on the 23rd The City Council of the City of Lubbock, Texas met in first floarrCityiHall,162513th day of January, 2003, in the City Council Chambers, Street, Lubbock, Texas at 7:30 A. M. 7:31 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Alex "Ty" Cooke, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T.J. Patterson Absent: No one was absent CITIZEN COMMENTS One citizen expressed comments to the Council as follows: David Smith, 10712 Kenosha Avenue, (Lakeview Heights) spoke concerning plans for a residential development (Highland Gardens) where storm water run-off is channeled to an existing city street with no consideration of the existing street's capability to handle the additional run-off. He stated he has met with Marsha Reed, Storm Water Runoff Engineer and Larry Hertel, City Engineer, and even though they have tried to help, nothing has been done. Mayor McDougal stated this would be looked into and he would receive a call. EXECUTIVE SESSION Mayor McDougal stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Attorney; City Manager; City Secretary; Assistant City Managers; Managing Directors); to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency; to discuss, deliberate and take final action on a competitive matter regarding contracts related to the status, maintenance and repairs of electric generation systems, facilities, and units (Electric Utilities); pending or contemplated litigation (City Manager/Utility Regulation/Atmos Energy Rate Increase Request; Environmental Compliance; Police Department; Right -of -Way 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 (Right - of -Way Department). 7:41 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. (1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager; City Secretary; Assistant City Managers; Managing Directors). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; Regular City Council Minutes January 23, 2003 Page 38 to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency; to discuss, deliberate and take final action on a competitive matter regarding contracts related to the status, maintenance and repairs of electric generation systems, facilities, and units. (3•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (City Manager/Utility Regulation/Atmos Energy Rate Increase Request; Environmental Compliance; Police Department; Right -of -Way Department; Water Utilities). (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Board of Electrical Examiners Community Development & Services Board Community Relations Commission Keep Lubbock Beautiful Advisory Committee Libraries Board North Overton Tax Increment Finance District Neighborhood Redevelopment Commission Park and Recreation Board Permit & License Appeal Board Youth Commission —Students (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Right -of -Way Department). 9:22 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All council members were present. 10:13 A. M. WORK SESSION RECESSED (6.) Presentation on the recommendations from the North and East Lubbock Development Commission. Gary Lawrence, Chair, North and East Lubbock Development Commission (45 minutes) On May 9, 2002, the Mayor and City Council created the North and East Lubbock Development Commission to study the options in regard to residential and commercial development of the North and East areas of the City of Lubbock. Part of their charge was to seek input from professional sources and the general public on the issue. The Commission process included public hearings, a tour of the area, work sessions, and a site visit to South Dallas. The purpose of this presentation was to report the Commission's findings and recommendations. The North and East Lubbock Development Commission recommended the following action plan for the first year. JANUARY THROUGH MARCH 2O03 ➢ Present findings to city council ➢ City council adopts commission program and makes a four-year commitment of $250,000 per annum. ➢ Issue bid for community/economic development strategic plan. ➢ Work on initiative to form North/East Community Development Corporation (NECDC). 38 Regular City Council Minutes January 23, 2003 Page 39 APRIL THROUGH JUNE 2003 ➢ NECDC holds organizational meeting(s). ➢ NECDC advertises for president. ➢ NECDC enters into contract with the City of Lubbock. ➢ NECDC hires firm to develop community/economic development strategic plan. ➢ $1 million private capital campaign is launched. JULY THROUGH SEPTEMBER 2003 ➢ NECDC hires president ➢ NECDC reviews draft of community/economic development strategic plan. ➢ NECDC adopts work program and budget for fiscal 2004. ➢ NECDC identifies catalytic projects and begins implementing OCTOBER THROUGH DECEMBER 2003 ➢ Community/economic development strategic plan completed. ➢ Initial capital campaign completed. ➢ Development team composed of NECDC president and community partners and formed for implementation purposes. Team meets monthly. ➢ "Let's Roll" No action was required on this item. (7.) Discuss City Treasurer position. This item was deleted. 10:40 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Council Member Gary O. Boren, Council Member Alex "Ty" Cooke, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Council Member Hernandez Mayor McDougal called the meeting to order at 10:40 A. M. (8.) Invocation by Pastor John Murdoch, Senior Pastor, Christian Life Assembly. (9.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. (10.) Presentation of a plaque by the Ronald McDonald House to commemorate the City of Lubbock's participation in the meals program and recognition of the City of Lubbock Departments who served a meal in 2002. The Ronald McDonald House is a home away from home for families from outside Lubbock County who have ill or injured children being treated in Lubbock's medical facilities. In January 1992, City of Lubbock departments began participating in the Ronald McDonald House Meals Program. In the past eleven years, City employees have served 200 meals to over 1,750 families. Using their own personal funds, employees purchased food, cooked and served the evening meal. By providing dinner, families are able to come back to the House after a long day at the hospital and relax with fellowship and a nutritious meal. The City is beginning its 12`h year of serving meals to the families at the Ronald McDonald House. 39 Regular City Council Minutes January 23, 2003 Page 40 Susan Maxwell, Executive Director, and Kevin Bass, a Board Member, Ronald McDonald House, presented a plaque to the City of Lubbock and the following Departments received certificates for serving a meal during 2002: City Landfill, Human Resources, Parks and Recreation, Planning, Street/Drainage Engineering, Stormwater Management, Environmental Compliance, Police Communications, Community Development, Public Works Engineering, Health Department, City Council Office, City Manager's Office, City Secretary's Office, Public Information Office, Budget and Research, Internal Audit and Accounting. Representatives from each department were present. (11.) Presentation of a proclamation to the Black Faculty and Staff Association, Texas Tech University System and Administration, to proclaim February 2003 as African American History Month in Lubbock. To promote diversity in the greater Lubbock Community and to aid in the recruitment and retention of African American faculty, staff and students at Texas Tech University, the Black Faculty and Staff Association has organized the 2nd Annual African American History Month at Texas Tech. The program has a month -long focus and a host of nationally recognized scholars, speakers, and cultural entertainers are being invited to the Texas Tech campus as well as to venues in the greater Lubbock community. A Proclamation was presented to and accepted by Dr. Kwame Alford, Program Chair, Black Faculty and Staff Association, Texas Tech University System and Michael Gunn to proclaim February 2003 as African American History Month in Lubbock. CONSENT AGENDA (Items Nos. 12 20 — 22-26) Motion was made by Council Member Patterson, seconded by Council Member Morrison to approve Items 12-20, 22-26 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (12.) Approval of Minutes: January 9, 2003 Regular City Council Meeting (13.) ORDINANCE #2002-00125—Abandoning and closing a portion of 66`h Street in Section 36, Block AK, Lubbock County, Texas (6302 661h Street) (second and final reading). ORDINANCE NO.2002-00125 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 66TH STREET LOCATED IN SECTION 36, BLOCK AK, 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. (14.) ORDINANCE #2003-00001—Authorizing the Mayor to make changes to the City of Lubbock FY 2002-03 Operating Budget (second and final reading). ORDINANCE NO.2003-00001 AN ORDINANCE MAKING CHANGES IN THE FY 2002-03 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. (15.) Ordinance No. 2003-00003 abandoning and closing a temporary 30-foot drainage easement located in Section 36, Block A-K, Lubbock County, Texas (6201 Spur 327) (first reading). 40 Regular City Council Minutes January 23, 2003 Page 41 ORDINANCE NO.2003-00003 AN ORDINANCE ABANDONING AND CLOSING A TEMPORARY DRAINAGE EASEMENT LOCATED IN SECTION 36, BLOCK A-K, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATON. This ordinance abandons and closes a 30-foot temporary drainage easement that was recorded in Volume 5746, Page 346 of the Lubbock County Property Records. This easement is located just west of Iola Avenue and north of 66`h Street. The easement is being closed for platting purposes and a permanent drainage easement will be dedicated to replace it. The Right -of -Way Department recommended approval of the first reading of this ordinance. (16.) Resolution No. 2003-R0020 authorizing the Right -of -Way Department to make an offer to LBF Properties, LTD for a 35,805 square foot storm water storage and drainage easement needed for the 98`h Street widening project, University Avenue to Indiana Avenue (3325 981h Street). RESOLUTION NO.2003-R0020 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 98`h Street widening project from Indiana Avenue to University Avenue and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of 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 storm water storage and drainage easement to the tract of land further described in Exhibit "A", attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being LBF Properties, Ltd., BE offered through the Right -of -Way Department of the City of Lubbock the amount of $58,700.00 which is the amount appraised as the value and total damages for the storm water storage and drainage easement and acquisition of said real estate 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 storm water storage and drainage easement. 41 Regular City Council Minutes January 23, 2003 Page 42 Passed by the City Council this 23rd day of January, 2003. S/ MARC MCDOUGAL Marc McDougal, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney A copy of Exhibit "A" is filed with Resolution No. 2003-R0020. This 35,805 square foot storm water and storage easement is needed for the 981h Street widening project and is located along the south side of 98`h Street, just east of Indiana Avenue. This easement is approximately 50-feet in width and 720 feet in length and was appraised by Tommy Cantrell M.A.I. for $58,700, which is our offer to LBF Properties. This resolution was originally on the City Council meeting of August 29, 2002 as Resolution No. 2002-R0299, making an offer to the Key Family, who shortly after this meeting went into a sales contract with LBF Properties, LTD. This property has exchanged hands and staff will now make this offer to the new owners. This resolution also authorizes the City to institute condemnation proceedings to acquire this property if our offer is refused. The Right -of -Way Department recommended approval of this resolution. (17.) Resolution No. 2003-R0021 authorizing the Mayor to execute a monitor well permit with Llano Permian Environmental for two monitor wells on City property (1640 13th Street). RESOLUTION NO.2003-R0021 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Llano Permian Environmental. Said agreements are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 42 Regular City Council Minutes January 23, 2003 Page 43 Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreements is filed with Resolution No. 2003-RO021. This monitor well permit allows Llano -Permian Environmental of Amarillo to drill two ground water monitor wells on City property northwest of City Hall. The first monitor well will be drilled just east of the service station at 1219 Avenue Q and south of the east -west alley on the north side of the employee parking lot and the second well will be drilled just north of 131h Street and east of the service station. This service station had underground leaking fuel tanks and the TNRCC has requested that they go off site with monitor wells in addition to what they have already drilled on their property. This is the second request for a monitor well on this parking lot; the first was on April 25, 2002. The staff has reviewed these locations and finds them acceptable. This permit is for 20 years, payable every 5 years in advance and the City will receive $200 per year for these monitor well locations. The Right -of -Way Department recommended approval of this resolution. (18.) Resolution No. 2003-R0022 authorizing the Mayor to execute a monitor well permit with Town & Country Food Stores, Inc. for a street right-of-way monitor well (2014 Temple Avenue). RESOLUTION NO.2003-R0022 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Town & Country Food Stores, Inc. Said agreements are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 43 Regular City Council Minutes January 23, 2003 Page 44 Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreements is filed with Resolution No. 2003-R0022. This monitor well permit allows OES Environmental, Inc., to drill a ground water monitor well in the City street right-of-way. This well will be located 45 feet north of Clovis Road on the west side of Temple Avenue. The Town & Country Food Store at 2025 Clovis Road had a subsurface hydrocarbon contamination due to leaking fuel tanks and TNRCC has requested that they go off site with a monitor well in addition to what they have already drilled on their property. This permit is for 20 years, payable every 5 years in advance. All utilities are in agreement and the City will receive $100 per year for this monitor well location. The Right -of -Way Department recommended approval of this resolution. (19.) Resolution No. 2003-R0023 authorizing the Mayor to execute Change Order No. 4 with Utility Contractors of America in the amount of $141,287.97 (3.4%) to extend 2,100 feet of 12-inch sanitary sewer line under the existing Annexation Sanitary Sewer System Improvements. RESOLUTION NO.2003-R0023 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order No. 4 to a contract (ITB #048-01/VK) with Utility Contractors of America, for 2100 feet of additional 12- inch sewer pipe, and any associated documents, a copy of which Change Order No. 4 is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. 44 Regular City Council Minutes January 23, 2003 Page 45 Passed by the City Council this 23rd day of January , 2003. /S/ MARC MCDOJr. AT. MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carth -I Chester Carthel, Chief Engineer -Public Works APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Change Order No. 4 is filed with Resolution No. 2003-R0023. This change order extends an existing portion of the contract to install a 12-inch sanitary sewer line to 83`d Street and Upland Avenue. Allan Rosen, owner of a parcel of land at 83`d and Upland, desires sanitary sewer service and has agreed to pay his share of the pipeline cost ($41,863.45). This change order also extends the contract completion time by 90 calendar days to allow completion of this work. This project is a part of the Annexation Sanitary Sewer Improvements — Phase 1. The original cost of the contract was $4,136,593.35. Three previous change orders have been executed bringing the total contract value to $4,364,549.76. To date, $3,072,473.82 of work has been completed. The original budget for the project was $5,700,000. Staff recommended approval of this resolution. (20.) Resolution No. 2003-R0024 authorizing acceptance of water and sanitary sewer improvements for Lots 871-904, Raintree Addition to the City of Lubbock, Lubbock County, Texas (97th Street and Joliet Avenue). RESOLUTION NO.2003-R0024 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 871 — 904, RAINTREE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of LOTS 871 — 904, RAINTREE ADDITION to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $46,129.48 with the improvements constructed by Utility Contractors of America, having a value of $34,871.40 as determined by the unit prices established by said Chapter 28, and $11,258.08 cash paid to the City, which amount includes $9,578.70 for adjacent lines, with Craig Wallace Construction, the developer, to receive a refund of $12,731.06 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 45 Regular City Council Minutes January 23, 2003 Page 46 SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $12,731.06 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer Public Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $46,129.48 and has a value of $34,871.40 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $11,258.08, which includes $9,578.70 for adjacent mains. The developer, Craig Wallace Construction, will receive a refund of $12,731.06 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located east of Joliet Avenue on each side of 97th Street. Staff recommended approval of this resolution. (21.) Resolution No. 2003-R0036 authorizing the Mayor to extend by one year a professional services contract between the City of Lubbock and Contract Asset Management, Inc. for professional power brokering and power sales consulting services. This item was moved from consent agenda to regular agenda and was considered following Item 26. RESOLUTION NO.2003-R0036 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a one year extension of the Professional Services Contract by and between the City of Lubbock, Texas and Contract Asset Management, Inc., originally entered into on September 13, 2000via Resolution No. 2000-R0320, providing professional power broker and sales consulting services to Lubbock Power & Light.. Said extension is attached hereto and incorporated in the Resolution as if fully set forth herein and shall be included in the minutes of the Council. 46 Regular City Council Minutes January 23, 2003 Page 47 Passed by the City Council this 23`d day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Director of Electric Utilities /s/ Matthew L. Wade Matthew L. Wade Assistant City Attorney A copy of the Extension is filed with Resolution No. 2003-R0036. An existing three-year professional services contract with Contract Asset Management, Inc. (CAM,I) will expire on February 28, 2003. The intent of this contract was to increase LP&L's commercial market share by establishing a relationship with an outside sales consultant. The contract has proved to be beneficial and LP&L would like to continue the relationship by extending the contract for one year. The existing contract provides for three one-year extensions. The contract extension does not change any of the terms and conditions of the existing contract. There will be no cost to LP&L if CAM,I does not perform. Due to the beneficial nature of the existing contract and the expected continuation of that benefit, LP&L recommended that the Mayor and City Council approve the contract extension. Derrell Oliver, Director of Electric Utilities, gave staff comments. Council Member Martin asked about the contract. He also asked if the City of Lubbock should look at contracting out all of their sales and suggested looking at this at a later date. Mayor McDougal requested Mr. Oliver to furnish a copy of the contract to the City Council. Motion was made by Council Member Patterson, seconded by Council Member Cooke to pass Resolution No. 2002-R0036 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 65. (22.) Resolution No. 2003-R0025; Resolution No. 2003-R0026; Resolution No. 2003-R0027; Resolution No. 2003-R0028; Resolution No. 2003- R0029; Resolution No. 2003-110030; Resolution No. 2003-R0031BID #250-02/RS--for Distribution Transformer —Annual Pricing (Electric Distribution). RESOLUTION NO.2003-R0025 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for distribution transformers, by and between the City of Lubbock and Wesco Distribution of Amarillo, Texas and related documents. Said Letter of Award is attached hereto and 47 Regular City Council Minutes January 23, 2003 Page 48 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 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2003-R0025. RESOLUTION NO.2004-R0026 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for distribution transformers, by and between the City of Lubbock and Techline, Inc. of Amarillo, Texas and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2003-R0026. RESOLUTION NO.2003-R0027 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for distribution transformers, by and between the City of Lubbock and Pauwels Transformers 48 Regular City Council Minutes January 23, 2003 Page 49 of Washington, MO and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight, Assistant City Attorney_ John Knight, Assistant City Attorney RESOLUTION NO.2003-R0028 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for distribution transformers, by and between the City of Lubbock and Nix Electric Company of Lubbock, Texas and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight, Assistant Cily Attorney_ John Knight, Assistant City Attorney RESOLUTION NO.2003-R0029 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for distribution transformers, by and between the City of Lubbock and Hughes Supply (Temple) of Lubbock, Texas and related documents. Said Letter of Award is attached 49 Regular City Council Minutes January 23, 2003 Page 50 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 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight, Assistant City Attorney_ John Knight, Assistant City Attorney RESOLUTION NO. 2003-R0030 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for distribution transformers, by and between the City of Lubbock and Priester Supply Company of Amarillo, Texas and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight, Assistant City Attorney John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2003-R0030. RESOLUTION NO.2003-R0031 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for distribution transformers, by and between the City of Lubbock and Central Moloney, Inc. of Arlington, Texas and related documents. Said Letter of Award is attached hereto and 50 Regular City Council Minutes January 23, 2003 Page 51 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 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight, Assistant City Attorney John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2003-R0031. This bid establishes annual pricing for the purchase of pole type and pad mounted distribution transformers used to serve residential, commercial and industrial customers. These transformers are electrical devices that convert electrical energy from one voltage level down to another, i.e. from 12,700 Volts to 120 Volts. The transformers are of different capacities ranging from IOkVA to 1500kVA and different types and secondary voltages to suit customer requirements. These units will be installed in the overhead and underground distribution systems to maintain existing electrical service and to serve new and additional customers. The tab sheet lists the bidders for each bid item in order of increasing evaluated life -cycle cost of buying and operating the transformer over a twenty-year period. Transformer losses were translated to dollar values (industry standard consists of adding $5.60 per watt of core loss and $1.70 per watt of winding loss) and added to the bid price to arrive at the evaluated cost. For bids that are within 3% of the lowest life -cycle cost, the bids are considered equal and the bidders are listed in order of unit price. The low bids are from the following companies: Hughes Supply (Temple) of Lubbock, TX $240,894.38 Pauwels Transformers, Inc. of Washington, MD $188,226.00 Central Moloney, Inc. of Arlington, TX $113,196.00 Priester Supply Company, Inc. of Amarillo, TX $ 95,449.00 Techline, Inc. of Amarillo, TX $ 72,774.00 Wesco Distribution, Inc. of Amarillo, TX $ 70,934.00 Nix Electric Company of Lubbock, TX $ 37,126.00 The low bids are within the System Capital Outlay -Distribution Transformers budget. (23.) Resolution No. 2003-R0032/BID #275-02BM—for Trees for Landscape Improvements at LIA (Parks & Recreation). 51 Regular City Council Minutes January 23, 2003 Page 52 RESOLUTION NO.2003-R0032 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for trees for landscape improvements at LIA, by and between the City of Lubbock and Tom's Tree Place of Lubbock, 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 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2003- R0032.This bid is for the purchase of flowering crab apple and cedar elm trees as part of the Airport Corridor Landscape Improvement Project. This project will create a sense of visual linkage between the Lubbock International Airport and Interstate 27. It will also beautify the parkway, which is an area of entry and development. The low bid meeting specifications is $29,962.50 from Tom's Tree Place of Lubbock, Texas and is within the Regis Corridor Enhancement Project budget. This bidder has agreed to sell this item to other governmental entities that have cooperative purchasing agreements with the City of Lubbock. (24.) Resolution No. 2003-110033BI1) #284-02BM—for Liquid Chlorine for Water & Waste Water Treatment —Annual Pricing (Water Treatment & Water Reclamation). RESOLUTION NO.2003-R0033 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for liquid chlorine for Water & Wastewater Treatment — annual pricing, by and between the City of Lubbock and DPC Industries, Inc. of Sweetwater, Texas and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 52 Regular City Council Minutes January 23, 2003 Page 53 Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2003-R0033. This bid establishes annual pricing for the purchase of one -ton cylinders of liquid chlorine for the Water and Waste Water Treatment Plants. Liquid Chlorine is the primary chemical used for disinfections of drinking water and of effluent and is required by the Texas Commission of Environmental Quality. The low bid meeting all specifications is $286,132 from DPC Industries of Sweetwater, Texas and is within the combined Water Treatment Chemical Supplies and the Water Reclamation Chemical budgets. (25.) Resolution No. 2003-R0034/RFQ #001-03/RW—for Portable Audio/Video System and Upgrade Components (Police Department). RESOLUTION NO.2003-R0034 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for portable audio/video system & upgrade components, by and between the City of Lubbock and Systems Engineering & Management Company of Vista, California 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. 53 Regular City Council Minutes January 23, 2003 Page 54 Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney The City of Lubbock purchased a wireless remote -control audio and video transmission system during fiscal year 2001-2002. This was for use in observing and documenting police activity scenes at significant distances from the Lubbock Police Department mobile operations vehicle without exposing officers to volatile or dangerous circumstances. The system has proved so useful that a second system is sought to expand capabilities. This bid is for a new upgraded system with additional frequencies for transmission and with video encryption components. This system and upgraded components will expand and enhance the Police Department's abilities for audio/video documentation of activities, already a proven enhancement to prosecution and resolution of procedural questions. This is a $33,785 sole source procurement from Systems Engineering & Management Company of Vista, California and is within the Capital Expenditure Other Account budget. (26.) Resolution No. 2003-R0035/RFQ #012-03BM—for Multi -label Enzyme Immunoassay Test System (Health Department). RESOLUTION NO.2003-R0035 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for multi label enzyme immunosassy test system, by and between the City of Lubbock and Perkin Elmer Life Sciences of Gaithersburg, Maryland 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. 54 Regular City Council Minutes January 23, 2003 Page 55 Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2003-R0035. This bid is for the purchase of laboratory instrumentation for detection and identification of bio-threat agents in accordance with the Center of Disease and Prevention's Laboratory Response Network for Bioterrorism protocols. This equipment will be used by the City of Lubbock Health Department for response to actual or suspected bioterrorism events as well as other test procedures for surveillance of public health threats. This equipment is funded by a grant from the Texas Department of Health Office of Public Health Practice pertaining to bioterrorism preparedness lab services and approved on September 17, 2002 by City Council. This is a $48,366.04 sole source procurement from Perkin Elmer Life Sciences of Gaithersburg, Maryland and is within the Office of Prevention and Health Preparedness Bioterrorism Lab budget. Staff recommended award of each bid to the bidder as indicated on the tab sheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. The next item considered was Item 21. 11:08 A.M. PUBLIC HEARINGS (27.) Ordinance No. 2003-00011 - ZONE CASE NO. 2706-A (northeast corner of Loop 289 and Avenue P): Hold a public hearing to consider request of Bill Cox for MFHL Corporation for a zoning change from A-1, C-2A, C-4, and C-4 Specific Use to AM on an unplatted 4.29-acre tract of land for a living and learning center and to IHC on an unplatted 7.76-acre tract of land out of Section 5, Block E. This item was considered following Item 37. ORDINANCE NO. 2003-00011 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2706-A; A ZONING CHANGE FROM A-1, C-2A, C-4 and C-4 SPECIFIC USE TO AM ZONING ON AN UNPLATTED 4.29-ACRE TRACT OF LAND AND TO IHC ZONING ON AN UNPLATTED 7.76-ACRE TRACT OF LAND OUT OF SECTION 5, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 55 Regular City Council Minutes January 23, 2003 Page 56 Mayor McDougal opened the public hearing at 11:27 a. m. Bill Cox appeared on behalf of MFHL (My Father's House, Lubbock). He introduced Shirley Madden, Executive Director. No one appeared in opposition. Mayor McDougal closed the hearing at 11:34 a. m. The parcels east of Avenue P and north of Loop 289 (south of Lowry Field) represent remnants of several previous zone cases. The existing mix of zone cases is C-2A, C-4 Specific Use, C-4 with conditions and A- l. This request will "clean up" those fragments by zoning the west portion AM to accommodate the living and learning center activities and rezone the balance to Interstate Commercial to become consistent with the zoning to the immediate east. Adjacent land uses: North — Lowrey Field South — Loop 289 East — vacant commercial West — residential The AM portion is proposed as an apartment complex operated by a local consortium of individuals for the purpose of providing women, typically with children, an opportunity to live and increase both their parenting skills and their ability for employment. The facility is neither a treatment center nor a refuge for battered women. The residents either solicit or are recommended to the program. The list of contributing individuals from the community was included in council backup. The proposal is consistent with the Comprehensive Land Use Plan and zoning policies. The staff recommended the AM District for the living and learning center operation. All of the accessory uses within the apartment complex (day care, laundry, commercial kitchen, and teaching facilities) are permitted in the AM District. In appearance, the facility will look like a typical small apartment complex with offices and accessory buildings. The IHC proposed on the east will match the existing zoning back to the east. The proposal will cause a minimal effect on the thoroughfare system. The Planning Commission recommended approval of this ordinance. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, presented staff comments. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00011 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (28.) Ordinance No. 2003-00012 - ZONE CASE NO. 2958 (south of 82"d Street and east of Avenue U): Hold a public hearing to consider request of Texas Tech Foundation for a zoning change from T to A-1 for apartments on an unplatted 20.92-acre tract of land out of Section 9, Block E. ORDINANCE NO. 2003-00012 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2958; A ZONING CHANGE FROM T TO A-1 FOR APARTMENTS ON AN UNPLATTED 20.92-ACRE TRACT OF LAND OUT OF SECTION 9, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. M1 Regular City Council Minutes January 23, 2003 Page 57 Mayor McDougal opened the public hearing at 11:38 a. in. Victor Turley appeared on behalf of the architect engineer and developer on the project. No one appeared in opposition. Mayor McDougal closed the hearing at 11:40 a. in. The request would accommodate an upscale apartment complex (termed "Class A units" in the presentation) with a tentative site plan set approximately 150 feet south of 82"d Street and east of Avenue U. Phase 1 illustrates twelve buildings, 104 single bedroom units and 80 two - bedroom units on a 10.46-acre site. The zone case encompasses 20 acres, which will allow a mirrored Phase 2. Adjacent land uses: North — vacant, zoned single family but located along 82"d Street South — vacant, zoned single family East — vacant, zoned single family, will not be developed because of a playa West — partially A-1 for quadruplex development and existing single family. The project meets a majority of the guidelines of the Comprehensive Land Use Plan for multi -family: • Close to a thoroughfare — in this instance the development is adjacent to a collector (Avenue U) and approximately 150 feet from 82"d Street. This strip is addressed below in a comment regarding the off -site tract. • The project is bounded on the east by a playa lake, no development will occur to the immediate east. • One exception to the Plan criteria may exist that suggests buffering A-1 from R-1, which does not exist for some of the single family to the west. Avenue U is a designated collector and 84`h Street is a cul-de-sac on Avenue U, so traffic from the apartments will not pass in front of those single-family units. An existing apartment complex in the vicinity of 57`h street and Utica represents a similar layout. The lots that were platted in Prairie Point south of 84`h Street face Avenue U. The owner of the unit at 86`h and Avenue U expressed concern about traffic. The single entrance to the compound will be just south of 84`h Street, and the entire project stops one lot short of her home. Another resident expressed concern for traffic and drainage. The project will be required to allow drainage off of Avenue U to continue east to the playa. • The area to the south is yet to be developed, and can be buffered when development is proposed. The project meets zoning policies for A-1 development. The initial site plan indicates a screening fence on the north and south boundaries. A decorative wrought iron fence will exist along the Avenue U frontage. The tentative site plan indicates a fifty -foot setback on the north. Since the area to the north may be destined to develop as non-residential, the staff recommended approval of a twenty-five foot setback versus the normally required fifty -foot dimension. The proposed entry on Avenue U will serve both Phase 1 and 2. During the staff review of the project during permitting, staff may work with the developer to integrate one or several emergency access gates. The project is designed with a main entry point from Avenue U with a parking lot for visitors and for office personnel; tenants enter resident parking through a controlled access gate from that parking lot. 57 Regular City Council Minutes January 23, 2003 Page 58 Although the project will create additional traffic in the area, Avenue U and 82"d Street are fully capable of handling the increase. The proposed density of Phase 1 equals approximately 17.6 units per acre. That unit density is low in terms of apartment construction. The increased traffic on Avenue U will contribute to a future warrant for placing a control signal at Avenue U and 82"d Street. Following a reference made previously about the 150-foot area to the north, for years that parcel has not been a part of the parent tract deeded to the Texas Tech Foundation. The same depth of property is owned from Avenue U back to the east to the Southwestern Bell facility at Avenue P. The area of that strip within 660 feet of Avenue P is eligible for commercial zoning. In addition, the next approximate 600 feet on the north side (to Avenue S) has been zoned Garden Office. For the area west of Avenue S on both the north and south sides of 82"d, the staff has indicated to various inquiries that the property should not be eligible for commercial zoning. With this apartment tract further isolating the strip, the staff would like for the record to reflect the policy of not having commercial zoning approved. The remaining depth may work for duplex development, although the number of curb returns would have to be monitored. For the area east of the Avenue S intersection, Garden Office would be in order to mirror the current zoning to the north. The Planning Commission recommended approval of the ordinance with the following conditions: 1. The setback on the north line shall be a minimum of twenty-five feet. 2. The fencing along Avenue U shall be a decorative wrought iron construction. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, presented staff comments. Motion was made by Council Member Patterson, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00012 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (29.) Ordinance No. 2003-00013 - ZONE CASE NO. 2585-A (east of University Avenue, west of Avenue X between 6`h Street and 8`h Street): Hold a public hearing to consider request of McDougal Construction for a zoning change from C-4, C-3, C-3 Specific Use, AM, A-2, and R-3 to CB-2 Specific Use for mixed use development on Tract B, proposed Overton Park Addition. ORDINANCE NO.2003-00013 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2585-A; A ZONING CHANGE FROM C-4, C-3, C-3 SPECIFIC USE, AM, A-2 AND R-3 TO CB-2 SPECIFIC USE FOR MIXED USE DEVELOPMENT ON 5.88-ACRE TRACT OF LAND OUT OF PROPOSED OVERTON PARK ADDITION, BLOCKS 130 AND 131, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Council Member Patterson opened the public hearing at 11:47 a. in. David Miller appeared on behalf of McDougal Construction. No one appeared in opposition. Council Member Patterson closed the hearing at 11:57 a. m. The request is the second zone case of the Overton Centre project, and the first that combines both residential and commercial. In the development industry, the concept is known as "mixed use". Since the project is unique to Lubbock, the staff and proponent have worked together to develop a Specific Use District using the Central 58 Regular City Council Minutes January 23, 2003 Page 59 Business 2 district as a base with a Specific Use Permit to customize the case to fit the master plan for the Overton area and this particular development block. The proposal is consistent with the Comprehensive Land Use Plan as amended for the redevelopment project. The project will also fit the zoning policies that are envisioned for the area. As the first mixed use project, staff are using the experience as a template for future cases and ordinances on the other eight large block areas that will be either commercial, mixed use, or multifamily. As noted, the proposed ordinance uses C132 as a basis with amended sections to allow the developer to have one document for reference on zoning requirements. Following is an outline of the various sections and relevant comments, which is then followed by a draft of the proposed ordinance wording: Section (c) Permitted uses: contains a permitted use list developed as an agreement between the staff and the proponent. Many of the heavier permitted C132 uses are deleted. Permitted uses desirable from the C2A, C2 and C3 districts are included. Regarding the mixed use, the A-3 District is included and tied to the site plan. A-3 allows apartment projects taller than three stories. Section (d) Conditional uses: No conditional uses are proposed at this time. Section (e) Yard requirements: The urban look that is the objective for the west end of the redevelopment suggests reduced setbacks versus the normal commercial and residential districts in Lubbock. The process brings the buildings closer to the street to create a more pedestrian friendly, active area and promotes limited or no surface parking. The bulk of parking is provided within the parking structure that forms the core of the block and is not visible from the perimeter. The proposed setback for the building or yard fences is from zero to ten feet as a maximum. Section (f) Lot width shall have no minimum. Section (g) Lot area shall have no minimum. Section (h) Lot coverage shall have no minimum or maximum. Section (i) The parcel will have no floor/area ratio. Section (j) The parcel will have no height requirement, although the site plan will limit the building to five stories (four stories with a mezzanine on the top floor). Section (k) is normally separation between bars, and the permitted use section does not include bars. Section q) As mixed -use, the proposal is to require a parking ratio for all the non-residential at one space per 250 square feet. Residential is proposed for parking at the normal rates for apartments. The commercial ratio is designed to allow shared parking. A comparison with other commercial in Lubbock includes the normal 1/175 for shopping centers up to 75,000 square feet, above which the Code requires a 1/200 ratio. Thus, the proposed 1/250 is not radically short of existing requirements in other locations. The C132 District generic ratio is 1/300. In this instance, the building owner is requesting a more strict requirement. While not applicable in this instance, the proposed Overton cases will allow required parking by ownership within 600 feet of the lot. In addition, the proposed ordinance will allow a mixture of 8.5-foot wide and 9-foot parking spaces. The 8.5-foot dimension is common in many metro areas where land is at a premium and more of the population drives smaller cars. Sections (m) and (n) — Plan review and process are not applicable, because of the project being tied to the site plan. WE Regular City Council Minutes January 23, 2003 Page 60 Section (o) Landscaping requirements. The parkway and small area of setback that is not sidewalk on the perimeter of the building will be landscaped. Section (p) The normal corner clearance will be met by the project. Last, the proponent and staff are supporting adoption of the proposed site plan, building elevations and materials schedule for the exterior and roof of the new building. COPY OF THE WORKING DRAFT OF THE PROPOSED ORDINANCE: The base CB2 District is proposed with the following sections customized within a Specific Use Permit. Sections (a), (b) will remain as written in CB2. Section (k) will be moot, since bars are excluded from the permitted uses. Sections (m) and (n) are not applicable, since the project will be tied to a site plan, building elevation and materials schedule. The highlighted sections in council backup are of greatest interest in the customization process for this request. (c) Permitted uses. 1. Accessory buildings as follows, subject to all other requirements of this section: a. Temporary construction and/or field sales office, provided said structure is approved by the codes administrator. Said structure must be removed within ten days of written notice from the codes administrator. 2. Antenna, tower or alternative tower structure other than a radio, television or microwave broadcasting or transmitting antenna or facility, only when the antenna is co -located on an existing tower or does not add more than twenty (20) feet to the height of an existing alternative tower structure. 3. Antique shop. 4. Apartments as specified in the "A-3" section subject to the approved site plan versus the standard A-3 development standards 5. Art galleries, commercial. 6. Arts and crafts store. 7. Bake shop, candy store, delicatessen, donut shop, and pie shop. 8. Banks, and savings and loan companies. 9. Beauty or barbershops. 10. Bicycle repair shops. 11. Book or stationery shops or newsstand. 12. Camera shop. 13. Cleaning, dyeing or dry cleaning shops. 14. Coin and stamp shops. 15. Coin -operated machines, five (5) or less skill or pleasure coin -operated machines as an incidental use to any permitted use in this district. 16. Commercial parking lot or building. No gasoline sales permitted. 17. Day nurseries. 18. Department store, discount center, family center. Regular City Council Minutes January 23, 2003 Page 61 19. Dress shop. 20. Drug store. 21. Duplicating/copy service. 22. Electronics repair shop. 23. Fire stations. 24. Florist shop. 25. Furniture store, new. All merchandise must be inside the building. 26. Gift shop. 27. Grocery store. Gasoline sales permitted 28. Group housing for up to four (4) handicapped persons as defined in section 29-3(54a). 29. Hardware store. 30. Hat shop. 31. Health or athletic club. 32. Hobby shop. 33. Hospital, clinic or medical office. 34. Household appliance sales and repair shop, small appliance. 35. Job printing and lithographing. 36. Laundry and dry cleaning not over three thousand (3,000) square feet. 37. Lodges, sororities and fraternities. 38. Magazine agency. 39. Music or video shop. 40. Office supply. 41. Offices, general and professional. 42. Oil and gas wells (subject to conditions of Chapter 14, Article VI, Oil and Gas Drilling, of this Code). 43. Outside dining patios 44. Parking areas and/or buildings. 45. Pet shop or pet grooming - No boarding of animals permitted. 46. Print shop. 47. Private community centers for the recreational and social use of the residents of an addition, subdivision, housing development, or apartment complex, which is operated by an association or incorporated group for their use and benefit. Such center may contain a swimming pool, volleyball, tennis and croquet courts, parking lot, playground equipment and other similar recreational facilities. Such use shall be of the nature described above and shall be operated for the benefit and use of the occupants only as a part of the development. 48. Radio studio, with no tower or antenna. 49. Reducing studio. 61 Regular City Council Minutes January 23, 2003 Page 62 50. Restaurants, when designed for service and consumption of food inside the building, except that outside dining areas/patios shall be permitted up to the property line. 51. Restaurants with sales of mixed alcoholic beverages as an incidental use. Outside dining areas/patios shall be permitted up to the property line. 52. Self-service laundry or washateria and dry cleaning pick-up stations. 53. Shoe or boot repair shop. 54. Shoe store. 55. Single family dwelling units including town homes or condominium units. 56. Sporting goods store. 57. Sports grill 58. Studios - Art, teaching, dance, music, drama, photographic, interior decorating. 59. Tailor shop. 60. Temporary construction and/or field sales office, provided said structure is approved by the codes administrator. Said structure must be removed within ten days of written notice from the codes administrator. 61. Theaters and motion picture shows (includes multiple screens). 62. Toy store. (d) Conditional uses. The following uses may be permitted when approved by the zoning board of adjustment as specified in section 25[29-28]: (1) None. (e) Yard requirements. (1) Front yard. Any lot line adjacent to a dedicated street (not an alley) shall be a front. The front yard setback for structures and outdoor dining areas/patios shall be no less than zero (0) feet nor greater than ten (10) feet. (2) Rear yard. There shall be no rear yard requirement. (3) Side yard. There shall be no side yard requirement. (4) Projections into required yards. Not applicable with the zero setback provision. (f) Lot width. There shall be no minimum lot width. (g) Lot area. There shall be no lot area requirement. (h) Lot coverage. There shall be no lot coverage requirement. (i) Floor area ratio. There shall be no floor area ratio requirement. 6 Height limit. There shall be no height requirement. (k) Separation. Not applicable (1) Off-street parking. (2) Off-street parking requirements. Residential units - One (1) space for each efficiency unit, one and one-half (1-1/2) spaces for each one bedroom unit, two (2) spaces for each unit with two (2) or more 62 Regular City Council Minutes January 23, 2003 Page 63 bedrooms, two and one half (2-1/2) spaces for each three (3) or more bedroom unit, plus one additional space for each four (4) units in the development. Accessory uses in conjunction with the residential portion of the structure shall not require additional parking. All commercial uses - One (1) space for each two hundred fifty (250) square feet of floor area. (2) Off-street parking provisions. a. Required off-street parking may be on -site or on property under common ownership within six hundred (600) feet of the property. b. Shared or leased parking within six hundred (600) feet of the property when business circumstances, location of parking spaces and normal hours of use are conducive to both businesses, and such arrangement is demonstrated by a recorded document (easement or contract) between the two (2) parties. C. Any lighting of drives or parking areas shall be so designed as not to cause any glare on any other residential or apartment development in the vicinity. d. Plans for off-street parking areas shall be submitted, checked and approved as to access, ingress and egress by the city traffic engineer under the terms of this district and the city's driveway regulations. e. No commercial overhead or residential garage doors shall be allowed facing 8`h Street or 10`h Street. f. Parking spaces may be as narrow as 8.5 feet, with a mix of the standard nine (9) foot spaces. (m) Plan Review — not applicable (n) Plan Review Process — not applicable (o) Landscaping requirements. (1) The areas denoted as landscaped areas on the site plan shall be landscaped. (2) The parkway areas of adjacent rights -of -way, excluding paved curb cuts, driveways and sidewalk area, shall be landscaped and permanently maintained. This shall be in addition to the landscaping required above. Any landscaping placed in the parkway must be in compliance with section 29-30(b)(6)i.3 of the zoning ordinance. (3) All required landscaping must be visible from the public right-of-way and placed for maximum enhancement of the property. (4) Landscaping shall meet the requirements of section 29- 3(62), except that hard surface materials shall include only brick, stone, and modular pavers. Landscaping shall not include the use of smooth, patterned, colored or aggregate poured -in -place concrete or asphalt. (5) Any landscaping placed within the visibility triangle of a corner lot shall be in compliance with the vision clearance standards of this section. (6) All landscaped areas on the development tract and adjacent parkway shall have immediate availability of water (i.e., a water faucet) or an irrigation system, either system to be M. Regular City Council Minutes January 23, 2003 Page 64 capable of sustaining plant materials. Irrigation systems shall meet acceptable industry standards. (7) Irrigation systems adjacent to public streets shall not spray onto adjacent streets or gutters. (8) When seasonal conditions warrant, the building official may issue a temporary certificate of occupancy for sixty (60), ninety (90), or one hundred twenty (120) days pending completion of landscaping. No final certificate of occupancy shall be issued prior to completion of landscape requirements. (p) Vision clearance. (1) Corner lots. It shall be unlawful to set out, construct, maintain, or permit or cause to be set out, constructed, or maintained, any tree, shrub, plant, sign or structure or any other view obstruction having a height greater than two (2) feet as measured from the top of the curb of the adjacent streets within the intersection visibility triangle. This restriction shall not apply to traffic control signs and signals, street signs or utility poles placed within such area by authority of the city. Intersection visibility triangle shall mean a triangle sight area at all intersections. This shall include that portion of public right-of-way and any corner lot within a triangle formed by a diagonal line extending through points on the two (2) property lines twenty-five (25) feet from the street corner intersection of the property lines (or that point of intersection of the property lines extended) and intersecting the curb lines. (2) Parkways. It shall be unlawful to set out, construct, maintain, or permit to be maintained, set out or constructed any shrub or plant (excluding trees), sign or structure, or any other view obstruction having a height of greater than three (3) feet, as measured from the top of the curb of the adjacent street, in the parkway area. All trees with a trunk diameter greater than two (2) inches measured three (3) feet above ground level that are within any of the parkway area shall be trimmed so that no foliage is less than six (6) feet above the top of the curb of the adjacent street. No evergreen or coniferous species of tree shall be allowed in the parkway. (3) This section shall not apply to traffic control signs and signals, street signs, or utility poles placed within the parkway. No such tree, shrub or plant, sign or structure shall be allowed to interfere with the free passage of vehicles on the street or of pedestrians on the sidewalk or to obscure the view of motor vehicle operators of any traffic control device or street sign or otherwise create a traffic hazard. The Planning Commission recommended approval of this ordinance with the following condition: Tied to the site plan, building elevation and exterior construction materials schedule as presented and approved by the City Council. Staff recommended approval of this ordinance. Council Member Martin asked Mr. Miller what he thought of the "honky tonk" that was presently in this area. Mr. Miller stated he did not think it would blend in well. Council Member Martin then asked City Manager Bob Cass about the previous request made concerning all of the nonconforming use bars in 64 Regular City Council Minutes January 23, 2003 Page 65 Lubbock that were grandfathered when liquor by the drink was voted in thirty years ago. Mr. Cass stated he was making a note on that and asked Amy Sims, Assistant City Attorney, to reply. Ms. Sims stated staff was putting together a plan on the amortization issues and planning the steps needed to be able to facilitate it and this would be presented to Council in the near future. Motion was made by Council Member Martin, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00013 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. (30.) Ordinance No. 2003-00014 - ZONE CASE NO. 2955 (2623 34" Street): Hold a public hearing to consider request of Lamar Outdoor Advertising for a zoning change from C-3 to C-4 Specific Use to allow a billboard that will be closer than 80 feet to a residential property on Lot 10, Block 1, Lisemby Addition. ORDINANCE NO. 2003-00014 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2955; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE TO ALLOW A BILLBOARD THAT WILL BE CLOSER THAN 80- FEET TO A RESIDENTIAL PROPERTY ON LOT 10, BLOCK 1, LISEMBY ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITION, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:58 a. m. Those appearing in favor of this request were as follows: Shirley Schleuse, General Manager, Lubbock Division of Lamar Outdoor Advertising; Mike Webster, Lamar Outdoor Advertising; Debra Lopez, representing her father, Moses Perez, stated Mr. Perez owns the building at 2623 — 34th Street and uses the income from the rent to the billboard to pay property taxes. She also stated the property is currently under contract to sell and one of the features helping to market the property is that it would be generating income from the rent of the billboard; and Monty Brewer, Marketing Director, Lubbock Christian University. Presentations by Lamar and supporters of Lamar focused on the need for a viable number of billboards around the community to remain a viable business, the value of outdoor advertising to our business community and the traveling public, the value of rent to the landowners where the billboards are located, and the fact Lamar has an employee base that will be lost if the company is not able to continue doing business in Lubbock. No one appeared in opposition. Mayor McDougal closed the hearing at 12:08 p. m. The request proposes that a nonconforming billboard become a permitted use on a parcel west of Boston on the north side of 34th Street. The structure remains as a nonconforming use established prior to adoption of the current zoning code in 1975 and subsequent legal agreements. When the 1975 ordinance was passed, billboards as a land use were placed in two districts: • 350 square foot boards are allowed in C-4. • 700 square foot boards are allowed in M-1. Billboards are not treated as a sign on property but as a permitted land use. Thus, a C-4 designation is needed on this property to make the billboard a conforming use. The 1975 ordinance provided a 6.5-year period that allowed nonconforming signs to remain, referred to as an abatement period. The legal function of abatement allows the value of the sign to be amortized as 65 Regular City Council Minutes January 23, 2003 Page 66 a business expense before having to be either removed or brought into compliance. In the case of billboards, the time frame was longer than presented by the sign industry as necessary to recoup construction cost. Litigation and state legislative activity that followed the 1975 adoption produced two important items related to many of the billboards that were to come down by 1982: • The zoning ordinance was challenged in Federal court explicitly related to billboards and the restriction of the use to C-4 and M-1 Districts. The challenge was based on freedom of speech, the takings clause, public safety issues and other items of law. The Lubbock District Federal Court and the 5`h Circuit Court of Appeals upheld the new ordinance as a valid function of land use regulation. For those interested in the history of the sign ordinance, the Supreme Court denied certiorari, which in effect means that the 5`h Circuit decision became the law. While Lubbock is no longer at the forefront of sign control, since many cities in Texas and other states have actually banned billboards and have more restrictive sign requirements, many of the sign ordinances in Texas used the Lubbock Court case as a basis for their original content. • In about 1985, the state legislature enacted law that created another round of possible litigation. The state law created a special municipal sign control board that had the responsibility of determining value and the "entire useful life" (versus value of the materials) of all signs that remained nonconforming because of the 1975 ordinance. The legislation was complex, but the sign industry was successful in having state law either interfere with or override local zoning ordinances. Long story short, the Municipal Board of Sign Control and the outdoor advertising industry agreed to a District Court approved settlement regarding the existing signs and when they would be removed. The 1986 Stipulation agreement between the Municipal Board of Sign Control and Lubbock Outdoor (the original company later owned by Martin Outdoor and now by Lamar) was approved. The Stipulations indicated which billboards were legal at the time (the number was 40), a group of nonconforming billboards which would be made conforming or taken down, and which boards would be taken down or made conforming in future years. The future groups of boards were outlined in groups having years of "useful life": 38 (1986/87/88), 2 (August, 1995), 3 (November, 1998), 26 (Feb./March, 2002 — the current batch), 27 (August/Sept., 2008) and 3 (March, 2015). The Stipulations were made a part within the Court Order. Lamar submitted information in the zone case that differs with the staff s understanding of the numbers of boards affected. Their numbers appear to exclude the boards already removed versus a reflection of the original stipulations. A staff memo on the complete stipulation numbers was in council backup. Lamar inherited the agreement when the company was purchased. Current employees of Lamar were with Martin Outdoor but may or may not have been directly involved with the stipulations. In addition, the due diligence by Lamar during the purchase process should preclude any statement of the company not being aware of the agreement until recently. As noted, the removal date for the sign in question was February 28, 2002. The document indicates that "no later than 30 days prior to the successive yearly dates provided for the compliance or removal of signs listed in Part II of Exhibit B, Lubbock Outdoor, Inc. will provide the City Of Lubbock with its final list of which of the signs on Part II will be in compliance or removed by the next immediate compliance date". Lamar began meeting with the staff in February 2002, and was asked to provide a list of billboards they planned to file zone or ZBA cases to allow the use to Regular City Council Minutes January 23, 2003 Page 67 continue and which structures are going to be removed. That list was submitted in September 2002. This zone case is the first of the requests of the structures that will be requested to remain. The Stipulations do indicate that either removal or compliance is an acceptable resolution. As noted, this zone case is an attempt at compliance versus removal for this billboard. This request is not consistent with Comprehensive Land Use Plan Policy. The Plan contemplates that "commercial land uses which serve a city-wide or regional market shall be located on regional thoroughfares or expressways". The city wide or regional zoning district is C-4, and 34`h Street is not a regional thoroughfare. The sign is not placed according to the principles of the Comprehensive Land Use Plan and is not in concert with a majority of the land uses in the vicinity. The staff position in this request does not infer that some of the nonconforming locations will make legitimate future zone or ZBA cases, As a note, the request is filed as C-4 Specific Use versus C-4, since the current billboard does not meet one of the criteria for billboards located in C-4. That is being located a minimum of eighty (80) feet from any residentially zoned property line. The single-family lot to the north is approximately 50 feet from the edge of the board. At this location, the Planning staff is of the opinion that the request should be denied because: 1. Incompatibility with both adjacent commercial uses and the residential to the north as well as lack of adherence to the Comprehensive Land Use Plan guideline regarding the location of C-4 zoned property. 2. The stipulation should be honored on the basis of the original timetable proposed by the poster company outlining the "entire useful life" of the sign. The court agreement suggests that the useful economic life or value of the billboard has come to an end and now is a good time for the parcel to conform to Comprehensive Land Use Plan policy. In addition, the daughter of the property owner indicated during the hearing that the parcel will be sold in the near future, and the new owner will not have become dependent on the rent. The billboard has been at this location since prior to 1975. The staff is not contending that the billboard does not contribute to the continuing revenue stream of Lamar Outdoor. The Planning Commission, after a brief discussion of business viability for Lamar and related information, recommended approval of this ordinance. Staff maintained the position that this particular site is not prime for location of a billboard. Testimony during the hearing outlined the value of informing travelers entering Lubbock, and direction to various business locations. A sign at 34`h and Boston does not seem to fit those criteria. Staff recommended denial of the request. Motion was made by Council Member Boren, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00014. Motion carried: 5 Yeas, 1 Nay. Council Member Martin voted Nay. The next item considered was Item 38. (31.) Ordinance No. 2003-00004 - ZONE CASE NO. 2124-B (southwest corner of 82"d Street and Avenue U): Hold a public hearing to consider request of Craig Wallace Construction for Steve Halpain for a zoning change from GO to A-1 for quadruplexes on an unplatted 0.96-acre tract of land out of Section 9, Block E. This item was considered following Item 65. 67 Regular City Council Minutes January 23, 2003 Page 68 ORDINANCE NO. 2003-00004 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2124-B; A ZONING CHANGE FROM GO TO A-1 ZONING ON AN UNPLATTED 0.96-ACRE TRACT OF LAND OUT OF SECTION 9, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:08 a. in. No one appeared on behalf of Craig Wallace Construction. No one appeared in opposition. Mayor McDougal closed the hearing at 11:09 a. in. This parcel was recently zoned Garden Office, while the area to the south was rezoned for a quadruplex project. Both parcels were zoned for church use prior to these requests. Adjacent land uses: North — 82°d Street South — a parcel recently zoned A-1 for the same development East — Avenue U and vacant property zoned R-1 West — church The proposal is consistent with the Comprehensive Land Use Plan. Being buffered by existing A-1 to the south and a church to the west, the project will be consistent with zoning policies. The project will have little effect on the thoroughfare system. The Planning Commission recommended approval of this ordinance. Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00004 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (32.) Ordinance No. 2003-00005 - ZONE CASE NO. 2118-W (82°d Street east of Slide Road): Hold a public hearing to consider request of Coldwell Banker Commercial for Sheridan's Lubbock Inc. for a zoning change from C-2 to C-4 limited to a drive -through restaurant and all permitted C-2 uses on an unplatted 0.87-acre tract of land out of Section 15, Block E-2. ORDINANCE NO.2003-00005 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2118-W; A ZONING CHANGE FROM C-2 TO C-4 ZONING LIMITED TO DRIVE -THROUGH RESTAURANT AND ALL PERMITTED C-2 USES, ON AN UNPLATTED 0.87-ACRE TRACT OF LAND OUT OF SECTION 15, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:08 a. m. No one appeared on behalf of Coldwell Bank Commercial. No one appeared in opposition. Mayor McDougal closed the hearing at 11:09 a. in. The request would accommodate a yogurt or ice cream facility that uses a pass out delivery system with seating limited to the patio in front of the building. The proponent must request the C-4 designation because the facility does not operate as a restaurant with inside seating. Adjacent land uses: North — commercial zoning, vacant South — commercial 68 Regular City Council Minutes January 23, 2003 Page 69 East — commercial West — commercial The proposal, with only one permitted C-4 use that is not considered a particularly "heavy" use, is reasonably consistent with the Comprehensive Land Use Plan. The site plan indicates that the development will be compatible with zoning policies. The project will have a minimal impact on the thoroughfare system. The Planning Commission recommended approval of this ordinance, with a request for a condition stating: Limited to a drive through restaurant and all permitted C-2 uses. Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00005 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (33.) Ordinance No. 2003-00006 - ZONE CASE NO. 2957 (south of 108`h Street and east of Indiana Avenue): Hold a public hearing to consider request of Rollo Gurss for Gurss Properties for a zoning change from T to R-1 Specific Use for garden homes and R-2 Specific Use for duplexes, both with 15-foot front setback, 5-foot front setback on cul- de-sac lots with a minimum 20-foot front setback for garages, and a 5- foot side setback for lots adjacent to a street on an unplatted 21.92- acre tract of land out of Section 19, Block E-2. ORDINANCE NO. 2003-00006 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2957; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR GARDEN HOMES AND R-2 SPECIFIC USE FOR DUPLEXES, ON AN UNPLATTED 21.92-ACRE TRACT OF LAND OUT OF SECTION 19, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:08 a. m. Rollo Gurss appeared on behalf of Gurss Properties. No one appeared in opposition. Mayor McDougal closed the hearing at 11:09 a. m. The proposal is in an area east of Indiana (a church tract) and south of the new Lubbock -Cooper school. The project will accommodate garden home and duplex construction. The proposal will front the current 1071h Street with garden homes. The duplex construction will be to the south between the church tract, Flint and what will eventually be I I I th Street. Adjacent land use: North — Lubbock Cooper School South — vacant, zoned residential East — vacant, zoned residential West — zoned for a church The request is consistent with the Comprehensive Land Use Plan and zoning policies. The request includes establishing setbacks for the units. A local builder objected to the duplex area. He has purchased a parcel north and east for single-family homes. This proposed duplex area is not accessible to or from his property because of proposed cul-de-sac streets at Flint. He also wondered what the reaction would be from Lubbock - Cooper; a letter of support from Pat Henderson (the Superintendent at Lubbock -Cooper) was included in council backup. The proposal will have little effect on the thoroughfare system. :• Regular City Council Minutes January 23, 2003 Page 70 The Planning Commission recommended this ordinance subject to the following conditions: 1. Fifteen foot front setback on standard lots. 2. Five-foot front setback on cul-de-sac lots with a minimum 20-foot front setback for garages. 3. Five-foot side setback for lots adjacent to a street. Staff recommended approval of this ordinance. Council Member Martin stated the council backup was unclear concerning what surrounds the zone case area. He suggested that it appeared to be "spot zoning". Mr. Martin asked Randy Henson, Senior Planner, if in the future he would provide more information on the backup so it would not look like the area is sitting in the middle of a vacant lot. Motion was made by Council Member Cooke, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00006 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (34.) Ordinance No. 2003-00007 - ZONE CASE NO. 2437-F (north of 82"d Street and east of Huron Avenue): Hold a public hearing to consider request of Coldwell Banker Commercial for Steve Cox for a zoning change from A-2 to C-2 Specific Use for a shopping center on an unplatted 1.13-acre tract of land out of Section 29, Block AK. ORDINANCE NO. 2003-00007 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2437-F; A ZONING CHANGE FROM A-2 TO C-2 SPECIFIC USE FOR A SHOPPING CENTER ON AN UNPLATTED 1.13-ACRE TRACT OF LAND OUT OF SECTION 29, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:08 a. m. No one appeared on behalf of Coldwell Bank Commercial. No one appeared in opposition. Mayor McDougal closed the hearing at 11:09 a. m. The request is the next phase of the rezoning of a strip of property north of 82nd Street and west of Homestead currently zoned as A-2 limited to a church. The property to the east has established the trend. Commercial zoning exists south across 82"d Street. The case is recommended with a Specific Use Permit based on the setback proposed from 81 s` Street. The current site plan does not indicate the need, but the proposal will allow for a redesign and remain consistent with the zone case to the east. Adjacent land uses: North — Frenship elementary school South — commercial East — commercial West — zoned for church use, vacant The project is consistent with the principles of the Comprehensive Land Use Plan. The strip commercial in this location is spread out more east - west because of the location of a playa and the school tract to the north. The proposal will be consistent with zoning policies. The previous zone case to the east established a condition that there will be curb cuts on 81 s` Street only at the east and west end of the strip commercial, with an access drive along the back for patrons of all of the lots to reach either curb return. Locating the curb cut east of the curve on Huron and a fire hydrant will locate the west curb cut on this parcel. With the proposed conditions as borrowed from Zone Case 2437E, this tract will have a solid screening fence adjacent to 81S` Street with the exception of the one curb cut. The 70 Regular City Council Minutes January 23, 2003 Page 71 one east and one west curb cut will provide for access from 81" to the commercial lots with a minimum of disruption to traffic adjacent to the school. The project will have a minimal effect on the thoroughfare system. A total number of drive returns were approved for the parcel to the east, which will probably turn out to be fewer since one user is building on the balance of the parcel to the east. The staff is requesting a limit of two curb returns on this current parcel, which meets code, and will encourage the developer and the neighbor to the east to share a common return. This will further reduce traffic interruptions along 82"d Street. To follow suit with the previous zone case to the east, the Planning Commission recommended consideration of C-2 with a Specific Use permit to address the setback from 81" Street, the screening and curb cut on 81" Street, and a maximum of two curb cuts on 82"d Street. 1. That a minimum setback of twenty-five feet be allowed from the 81" Street property line. 2. The north property line (81" Street) shall have a six-foot screening fence with the exception of the curb return. 3. That a twenty -foot public access easement shall be dedicated on the north line of the lot(s). The function of the easement is to allow patrons of all of the businesses to access curb returns at the east and west end of the development adjacent to 81" Street. 4. That one curb cut shall be allowed to 81" Street as indicated on the site plan. 5. That the development be limited to two curb cuts on 82"d Street Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00007 as -- recommended by staff. Motion carried: 6 Yeas, 0 Nays. (35.) Ordinance No. 2003-00008-ZONE CASE NO. 2959 (west of Milwaukee Avenue around 9t" Street): Hold a public hearing to consider request of Hugo Reed and Associates for Dub Mantooth for a zoning change from R-1 to R-1 Specific Use for garden homes and R-2 Specific Use for duplexes, both with 15-foot front setbacks, 5-foot front setback on cul-de-sac lots with a minimum of 20-foot front setback for garages and 5-foot side setback on side yards adjacent to a street on an unplatted 11.5-acre tract of land out of Section 10, Block is. ORDINANCE NO. 2003-00008 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2959; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR GARDEN HOMES AND R-2 SPECIFIC USE FOR DUPLEXES, ON AN UNPLATTED 11.5-ACRE TRACT OF LAND OUT OF SECTION 10, BLOCK JS, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:08 a. m. No one appeared on behalf of Hugo Reed and Associates. No one appeared in opposition. Mayor McDougal closed the hearing at 11:09 a. m. The request will accommodate a mixture of single-family garden homes (on the south side of 81h Street and the east side of Oakridge) and duplex units (on the north side of 9`h Street and the west side of Monticello and Milwaukee). The duplex units will buffer the apartment complex south of 9`h Street and east of Monticello that surrounds the LP&L substation on Milwaukee. 71 Regular City Council Minutes January 23, 2003 Page 72 Adjacent land uses: North — residential zoned South — residential and apartment zoned East — residential and a Frenship school West — residential zoned The project is consistent with the Comprehensive Land Use Plan and zoning policies. The new construction will not have any more than the anticipated effect on the thoroughfare system. One resident east of Milwaukee submitted a letter of opposition. This development is west of Milwaukee. The Planning Commission recommended this ordinance subject to the following setback conditions on both the R-1 and R-2 portions: 1. Fifteen foot minimum front setback on standard lots except that a front entry garage shall be twenty feet. 2. Five-foot minimum front setback on cul-de-sac lots except that a front entry garage shall be twenty feet. 3. Five foot minimum side setback of lots adjacent to side streets for both the structure and the backyard fence adjacent to the street. Staff recommended approval of this resolution. Randy Henson, Senior Planner, presented staff comments. Council Member Martin mentioned there was several letters of opposition to the R-1 Specific Use Garden Home zoning. Mr. Henson stated there was one letter of opposition. Motion was made by Council Member Cooke, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00008 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (36.) Ordinance No. 2003-00009 - ZONE CASE NO. 2936-A (west of Quaker Avenue and north of 1121n Street): Hold a public hearing to consider request of Henry L. Huneke for H. A. Sessions for a zoning change from GO to R-1 Specific Use for garden homes with 5-foot front setback on cul-de-sac lots with a minimum 20—foot front setback for garages and 5-foot side setback on side yards adjacent to a side street on an unplatted 9.52-acre tract of land out of Section 16, Block E-2. ORDINANCE NO.2003-00009 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2936-A; A ZONING CHANGE FROM GO TO R-1 SPECIFIC USE FOR GARDEN HOMES ON AN UNPLATTED 9.52-ACRE TRACT OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:08 a. in. No one appeared on behalf of Henry L. Huneke. No one appeared in opposition. Mayor McDougal closed the hearing at 11:09 a. in. The request will accommodate a garden home development with setback allowances for cul-de-sac and lots with a side adjacent to a street. The property was rezoned several years ago into Garden Office as part of a plan that has not materialized. Adjacent land use is residential and vacant in all directions. The project is consistent with the Comprehensive Land Use Plan and zoning policies. V% Regular City Council Minutes January 23, 2003 Page 73 The project will have little effect on the thoroughfare plan. The Planning Commission recommended the request with the following conditions for the garden homes: 1. Five foot front setback on cul-de-sac lots except that a garage shall be twenty feet 2. Five foot side setback of lots adjacent to side streets for both the structure and the backyard fence adjacent to the street Staff recommended approval of this ordinance. Council Member Martin asked Randy Henson, Senior Planner, to be more specific in his slide information on these zone cases. Motion was made by Council Member Cooke, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00009 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (37.) Ordinance No. 2003-00010 -ZONE CASE NO. 2555-A (north of 106tn Street and west of Quaker Avenue): Hold a public hearing to consider request of Hugo Reed and Associates for Lubbock Legacy Homes for a zoning change from A-2 limited to a church and T to R-2 Specific Use for duplexes with 15-foot front setback on standard lots and a 5-foot setback on cul-de-sac lots with a minimum 20-foot front setback for garages and 5-foot side setback on side yards adjacent to a street on 1.6-acre and 7.8 acre tracts of land out of Section 16, Block E-2. ORDINANCE NO. 2003-00010 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2555-A; A ZONING CHANGE FROM A-2 LIMITED TO A CHURCH AND T TO R-2 SPECIFIC USE FOR DUPLEXES ON 1.6-ACRE AND 7.8-ACRE TRACTS OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:08 a. in. No one appeared on behalf of Hugo Reed and Associates. No one appeared in opposition. Mayor McDougal closed the hearing at 11:09 a. in. The request will accommodate a duplex development with setback allowances for cul-de-sac and lots with a side adjacent to a street. The project is insulated from adjacent development with access only to Quaker. The parcel is currently zoned A-2 for a church. Adjacent land use: North — undeveloped single family in the Lakeridge South addition South — single family East — Quaker Avenue and an electric substation West — undeveloped single family in the Lakeridge South Addition The project is consistent with the Comprehensive Land Use Plan and zoning policies. The proposal is a good solution for an awkwardly shaped piece of property created by the SPEC substation located on Quaker. The project will have little effect on the thoroughfare plan. The Planning Commission recommended the request subject to the following conditions: 1. Twenty -foot front setback on standard lots. 2. Five-foot minimum front setback on cul-de-sac lots except that a garage shall be twenty feet. 73 Regular City Council Minutes January 23, 2003 Page 74 3. Five-foot side setback for lots adjacent to side streets for both the structure and the backyard fence adjacent to the street. Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-000010 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 27. 12:09 A.M. Special Public Hearing (38.) Hold a public hearing on the Community Development Service Board's recommendation for the reallocation of 2002 CDBG grant funds. This item was considered following Item 30. Mayor McDougal opened the public hearing at 12:09 a. in. No one appeared on behalf of this recommendation. Oscar Jones, Executive Director of Lubbock Housing Authority (LHA), appeared in opposition. Mr. Jones stated that on January 10, 2003, LHA submitted a tax credit application to build 120 units to infill units that had been demolished at Green Fair Manor. He requested that $10,000.00 of the grant funds be redirected for infrastructure improvements for affordable housing development with the understanding that if LHA does not receive tax credits, this money would immediately be reverted back to the City of Lubbock. Mayor McDougal closed the hearing at 12:21 a. in. On January 8, 2003 The Community Development Services Board met to discuss the reallocation of $300,000 in unspent 2002 CDBG funds. The CDSB reviewed project applications from Spring 2002 that were either not funded or under -funded, as well as considered new projects recommended by staff. After much discussion, the Board voted unanimously to approve the following funding recommendations: North & East Lubbock Soft Second $150,000 North & East Lubbock Down Payment & Closing Costs $ 50,000 Street Paving $100,000 Community Development supported this Board's recommendations. The next item considered was Item 42. (39.) Resolution No. 2003-R0038 authorizing the Mayor to execute the proposal for the North and East Lubbock soft second program for $150,000 and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. This item was considered following Item 43. RESOLUTION NO.2003-R0038 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 proposal for the North and East Lubbock Soft Second Program in the amount of $150,000.00 to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. 74 Regular City Council Minutes January 23, 2003 Page 75 Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney On January 8, 2003 the Community Development Services Board (CDSB) met and voted unanimously to approve the reallocation of the 2002 CDBG funds to this project. The soft second program will provide eligible low- income buyers the opportunity to apply for a five year forgivable loan to subsidize the difference of the home cost and what the buyer can afford up to $15,000 of the purchase price to make the home affordable. The recommendation for spending federal dollars has been published since January 12, 2003. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2003-R0038 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Cooke was away from the dais. (40.) Resolution No. 2003-R0039 authorizing the Mayor to execute the proposal for the North and East Lubbock Down Payment and Closing Cost Assistance program for $50,000 and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. Council Member Cooke returned to the dais and Council Member Hernandez arrived. RESOLUTION NO.2003-R0039 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 proposal for the North and East Lubbock Down Payment and Closing Cost Assistance Program in the amount of $50,000.00 to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. 75 Regular City Council Minutes January 23, 2003 Page 76 Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney On January 8, 2003 the Community Development Services Board (CDSB) met and voted unanimously to approve the reallocation of the 2002 CDBG funds to this project. The recommendation for spending federal dollars has been published since January 12, 2003. Staff recommended approval of this resolution. Motion was made by Council Member Patterson, seconded by Council Member Martin to pass Resolution No. 2003-R0039 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (41.) Resolution No. 2003-R0040 Authorizing the Mayor to execute the proposal for the Street Paving program for $100,000 and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. RESOLUTION NO.2003-R0040 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 proposal for the Street Paving Program in the amount of $90,000.00 to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. 76 Regular City Council Minutes January 23, 2003 Page 77 Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney by Todd Steelman Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney On January 8, 2003, the Community Development Services Board (CDSB) met and voted unanimously to approve the reallocation of the 2002 CDBG funds to this project. The recommendation for spending federal dollars has been published since January 12, 2003. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2003-R0040 as follows: $90,000 for the street paving program and the other $10,000 for the Lubbock Housing Authority's request to assist with the grant for replacement housing at Green Fair Manor. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 44. 12:22 P.M. Special Public Hearing (42.) Hold a public hearing to consider the request of Texland Petroleum for Oil Drilling Permit on a tract of land located approximately 2,519 feet north and 152 feet west of the northeast corner in Section 5, Block A, Lubbock County, Texas. Designation of well is Lubheirs #20. This item was considered following Item 38. Mayor McDougal opened the public hearing at 12:22 p. m. No one appeared on behalf of Texland Petroleum. No one appeared in opposition. Mayor McDougal closed the hearing at 12:24 p. m. Council Member Patterson informed Mr. Dub Bratcher, who represented Texland Petroleum, that on the application the street was erroneously called "Quirt" and should be called "Martin Luther King Boulevard". 12:24 P. M. CITY COUNCIL RECESSED BACK TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. 4:55 P.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Council Member Gary O. Boren, Council Member Alex `lTy" Cooke, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary 77 Regular City Council Minutes January 23, 2003 Page 78 Absent: Council Member Hernandez (43.) Consider approval of an Oil Drilling Permit for Lubheirs #20. This item was considered following Item 30. The application is in order. The request is for an additional well as part of a pooled unit. The City is a partial royalty owner. Texland proposes earth sludge pits and no landscaping at the well site. The blow-out protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County. Access to the drill site and storage site is proposed from Kent on private property. SHORT TERM IMPACTS: A minimum of impact is expected for the short term since the area is uninhabited and current use is agricultural and oil production. A warehouse is located to the west. The well and storage site are remote from any existing residential development. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated as Industrial on the Comprehensive Land Use Plan. At least eight existing wells are in the immediate area. No known prospects for development exist in this square mile. Few long term negative impacts are anticipated. The staff recommended approval subject to the following conditions: RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set to 400 feet or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a depth of 400 feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first, and if used, the second series of casing of the well shall be in compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texland Petroleum for Lubheirs #20. Staff recommended approval of the permit. Motion was made by Council Member Morrison, seconded by Council Member Patterson for approval of an Oil Drilling Permit for Lubheirs #20. Motion carried: 5 Yeas, 0 Nays. Council Member Cooke was away from the dais. The next item considered was Item 39. ADMINISTRATIVE SERVICES Finance (44.) Resolution No. 2003-R0041 authorizing the Mayor to execute an amendment to the Collateral Agreement and any associated documents with American State Bank, extending the Collateral Agreement through July 31, 2003. This item was considered following Item 41. The current bank depository services contract with Wells Fargo Bank, N.A. was effective as of November 21, 2002. The transition of funds from American State Bank to Wells Fargo is ongoing. However, due to the large volume of transactions and activity related to the City's depository relationship, additional time is needed to ensure a smooth transition of all activity from American State Bank to Wells Fargo. To ensure the safety of City funds remaining at American State Bank, an amendment to the 78 Regular City Council Minutes January 23, 2003 Page 79 Collateral Agreement with American State Bank is necessary. The amendment will ensure that all bank activity remaining at American State Bank will be covered with collateral that is approved by the Public Funds Investment Act (Chapter 2256 Texas Government Code) through July 31, 2003. Staff recommended approval of this resolution. Motion was made by Council Member Cooke, seconded by Council Member Patterson to pass Resolution No. 2003-R0041 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (45.) Resolution No. 2003-R0042 to reimburse bond -funded capital expenditures for water system improvements, with proceeds of future debt not to exceed $7,500,000. RESOLUTION NO.2003-R0042 DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for water facilities and system improvements for said City (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursements; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $7,500,000. Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Managing Director of Finance APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver Assistant City Attorney Bond -funded capital projects for the City's Water System were approved in the 2002-2003 Capital Projects Budget. The City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are ►M Regular City Council Minutes January 23, 2003 Page 80 expected to be delivered within the 2002-2003 fiscal year. For authorized construction projects there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. This resolution allows reimbursement of authorized costs incurred in advance of the bond issuance in order that projects may be completed within prescribed timeframes. Beverly Hodges, Director of Finance, gave staff comments. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Cooke to pass Resolution No. 2003-R0042 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Patterson was away from the dais. (46.) Resolution No. 2003-R0043 to reimburse bond -funded capital expenditures for sewer system improvements, with proceeds of future debt not to exceed $1,500,000. RESOLUTION NO.2003-R0043 DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for sewer facilities and system improvements for said City (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursements; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $1,500,000. 80 Regular City Council Minutes January 23, 2003 Page 81 Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Managing Director of Finance APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver Assistant City Attorney Bond -funded capital projects for the City's Sewer System were approved in the 2002-2003 Capital Projects Budget. The City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are expected to be delivered within the 2002-2003 fiscal year. For authorized construction projects there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. This resolution allows reimbursement of authorized costs incurred in advance of the bond issuance in order that projects may be completed within prescribed timeframes. Beverly Hodges, Director of Finance, gave staff comments. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Cooke to pass Resolution No. 2003-R0043 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Patterson was away from the dais. (47.) Resolution No. 2003-R0044 to reimburse bond -funded capital expenditures for solid waste system improvements, with proceeds of future debt not to exceed $4,900,000. RESOLUTION NO.2003-R0044 DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for solid waste facilities and system improvements for said City (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and 81 Regular City Council Minutes January 23, 2003 Page 82 WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursements; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $4,900,000. Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Managing Director of Finance APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver Assistant City Attorney Bond -funded capital projects for the City's Solid Waste System were approved in the 2002-2003 Capital Projects Budget. The City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are expected to be delivered within the 2002-2003 fiscal year. For authorized construction projects there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. This resolution allows reimbursement of authorized costs incurred in advance of the bond issuance in order that projects may be completed within prescribed timeframes. Beverly Hodges, Director of Finance, gave staff comments. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Cooke to pass Resolution No. 2003-R0044 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Patterson was away from the dais. (48.) Resolution No. 2003-R0045 To reimburse bond -funded capital expenditures for storm drainage system improvements, with proceeds of future debt not to exceed $11,500,000. 82 Regular City Council Minutes January 23, 2003 Page 83 RESOLUTION NO.2003-R0045 DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for storm _ drainage facilities and system improvements for said City (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursements; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $11,500,000. Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Managing Director of Finance APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver Assistant City Attorney Bond -funded capital projects for the City's Storm Drainage System were approved in the 2002-2003 Capital Projects Budget. The City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are expected to be delivered within the 2002-2003 fiscal year. For authorized construction projects there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. This resolution allows reimbursement of authorized costs incurred in advance of the bond issuance in order that projects may be completed within prescribed timeframes. Beverly Hodges, Director of Finance, gave staff comments. 83 Regular City Council Minutes January 23, 2003 Page 84 Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Cooke to pass Resolution No. 2003-R0045 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Patterson was away from the dais (49.) Resolution No. 2003-R0046 To reimburse bond -funded capital expenditures for electric system improvements, with proceeds of future debt not to exceed $6,100,000. RESOLUTION NO.2003-R0046 DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for electric facilities and system improvements for said City (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursements; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $6,100,000. Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Managing Director of Finance APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver Assistant City Attorney Bond -funded capital projects for the City's Electric System were approved in the 2002-2003 LP&L Capital Projects Budget. The City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are expected to be delivered within the 2002-2003 fiscal year. For authorized construction projects there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be completed within prescribed timeframes. The City must declare its intent 84 Regular City Council Minutes January 23, 2003 Page 85 to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. This resolution allows reimbursement of authorized costs incurred in advance of the bond issuance in order that projects may be completed within prescribed timeframes. Beverly Hodges, Director of Finance, gave staff comments. Staff recommended approval of this resolution. _ Motion was made by Council Member Martin, seconded by Council Member Cooke to pass Resolution No. 2003-R0046 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Patterson was away from the dais Human Resources Council Member Patterson returned to the dais. (50.) Resolution No. 2003-R0047 Authorizing the Mayor to execute purchase of terrorism coverage for the existing excess property coverage from Underwriters at Lloyds Insurance Company. RESOLUTION NO.2003-R0047 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 purchase terrorism coverage for and on behalf of the City of Lubbock, to be added to the existing property coverage by and between the City of Lubbock and Lloyds Insurance Company, and related documents. Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mary House Mary House, Director of Human Resources APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney The City of Lubbock purchases property insurance from four carriers to provide $300,000,000 in coverage on its buildings and contents effective October 1, 2002. Current year's total cost for all property policies is $613,325: (1) Corgeis — $20,000,000 in primary coverage (provides terrorism coverage), (2) Underwriter at Lloyds — $20,000,000 for the second layer (50 % quota share), (3) Commonwealth Insurance Company — $20,000,000 for second layer (50% quota share), (4) Royal Indemnity Company — $260,000,000 for third layer. 85 Regular City Council Minutes January 23, 2003 Page 86 The policies are subject to one $250,000 deductible per occurrence. Council approved the purchase of terrorism insurance coverage for property insurance from Commonwealth Insurance Company and Royal Indemnity Company during the January 9, 2003 council meeting. The City Of Lubbock has now received its Notice of Terrorism Insurance Coverage from the Underwriters at Lloyds; this additional request for approval will complete the purchase of terrorism insurance on the second $20,000,000 quota share with Commonwealth Insurance Company. The policy carries an additional premium of $9,002 that must be received no later than January 28, 2003 to obtain coverage. The purchase of terrorism coverage from the three carriers that initially excluded the coverage will result in a premium increase of $26,043. Staff recommends purchasing terrorism coverage from Underwriters at Lloyds Insurance Company for a policy premium increase of $9,002 that will complete the purchase of terrorism insurance on the second $20,000,000 quota share with Commonwealth Insurance Company. Combined total coverage, with that already approved by Council, will provide the City with $300,000,000 in property coverage for any one event or occurrence. Mary House, Managing Director of Human Resources, gave staff comments. She stated in previous council backup, the property insurance was quoted at $21,000, but will actually be $9,000 and that the above information has been corrected to reflect what Council approved. She also said our total property value is $600,000,000, but we are only insuring $300,000,000. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2003-R0047 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (51.) Resolution No 2003-R authorizing the Mayor to execute purchase of terrorism coverage for the existing excess airport/non-owned aircraft liability coverage from Underwriters at Lloyds Insurance Company. No action was taken on this item. COMMUNITY SERVICES Community Development (52.) Resolution No. 2003-R0048 Approving the release of three weed and rubbish ordinance liens in the principal amount of $861.63 on Lot 10, Block 42, Harder Subdivision of the Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas, also known as 120 Uvalde Avenue, for said lot to be accepted as a donation to the Urban Renewal Agency Home Match and to further affordable housing. RESOLUTION NO 2003-R0048 WHEREAS, the Urban Renewal Agency of the City of Lubbock (the "URA") has accepted a donation of a certain lot in the City of Lubbock located at Lot 10, Block 42, Harder Subdivision of the Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas, also known as 120 Uvalde Avenue (the "Lot"); and WHEREAS, the Lot has certain Weed and Rubbish Ordinance Liens in the principal amount of $861.63 place on it by the City of Lubbock (the "Liens"); and WHEREAS, the use of the Lot by the URA will be to the public benefit to further affordable housing; and WHEREAS, the City may use as match for match in the HOME program the amount of the difference of the Lot value minus the amount of the Liens, and the value of 86 Regular City Council Minutes January 23, 2003 Page 87 the Liens can be booked as waived fees/taxes for match, to total $1,500.00 in HOME match. NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, the Release of three (3) Weed and Rubbish Ordinance Liens on the Lot as described above and to designate said Lot and Release of Liens as match for the HOME program. Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney Ms. Lucille Allen currently owns a lot located at 120 Uvalde Avenue, legally described as Lot 10, Block 42, on Parcel 345300-42-1 in the Harder Subdivision of the Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas. Ms. Allen wishes to donate this lot to the Urban Renewal Agency as Home Match to further the development of affordable housing. This lot has passed the City's Environmental Assessment and a title commitment has been received. The LCAD value is $1,500. In consideration for the City of Lubbock being allowed to use the lot for Home Match, the City Council would need to release three weed liens in the principal amount of $861.63. The three weed and rubbish ordinance liens on the property are recorded in Volume 7192, Page 96 in the amount of $524.54, Volume 7338, Page 66 in the amount of $190.12 and volume 7545, Page 94 in the amount of $146.97. The eligible match will be the difference of the lot value minus the liens. Also, the weed liens can be booked as waived fees/taxes for match totaling $1,500 in Home match. The URA approved acceptance of this lot on August 20, 2002. Staff recommended approval of the release of liens so the lot value and waived liens may be used as Home Match. Once the lot sells and a home is constructed, this will get the property back on the tax roles, which will be an asset to the neighborhood and City as a whole. Todd Steelman, Assistant Community Development Director, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to pass Resolution No. 2003-R0048 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 87 Regular City Council Minutes January 23, 2003 Page 88 (53.) Resolution No. 2003-R0049 Authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development Funding Contract and all related documents between the City of Lubbock and Lutheran Social Services of the South from the Community Services Block Grant. RESOLUTION NO.2003-R0049 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and Lutheran Social Services of the South for the Lutheran social services emergency utility assistance program from the Community Service Block Grant (CSBG) Program for Public Service and all 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 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2003-R0049. Grantee: Lutheran Social Services of the South Program: Utility Assistance Funding Source: 2003 Community Services Block Grant Use of Funds: Provide utility assistance to low-income persons or families. Amount: $22,217 Terms: From January 1, 2003 to December 31, 2003. Comments: Funding for this project was approved by the Community Development Services Board at the November 2002 meeting. The contract is available for review in the City Secretary's Office. Todd Steelman, Assistant Community Development Director, gave staff comments. Community Development recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2003-R0049 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 88 Regular City Council Minutes January 23, 2003 Page 89 (54.) Resolution No. 2003-R0050 Authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development Funding Contract and all related documents between the City of Lubbock and the Lubbock YWCA from the Community Services Block Grant. RESOLUTION NO.2003-R0050 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and Young Women's Christian Association, for the Young Women's Christian Association child care program from the Community Service Block Grant (CSBG) Program for Public Service and all 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 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2003-R0050. Grantee: Lubbock YWCA Pro am: After school Childcare FundingSource: ource: 2003 Community Services Block Grant Use of Funds: Provide after school child care to low-income families. Amount: $40,000 Terms: From January 1, 2003 to December 31, 2003. Comments: Funding for this project was approved by the Community Development Services Board at the November 2002 meeting. The contract is available for review in the City Secretary's Office. Todd Steelman, Assistant Community Development Director, gave staff comments. Community Development recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2003-R0050 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 89 Regular City Council Minutes January 23, 2003 Page 90 Park and Recreation (55.) Resolution No. 2003-R0051 Authorizing the Mayor to execute an agreement with Jay D. Crouch and Associates for the purpose of assigning purchase agreements for mausoleum sales. RESOLUTION NO. 2003-R0051 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 Assignment of Purchase Agreements between the City of Lubbock and Crouch & Associates, LTD ("Crouch"), and any other related documents. Said Assignment 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 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell Parks and Recreation Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Assignment is filed with Resolution No. 2003-RO051. With the objectives to optimize burial space, increase revenues and provide additional services at the City of Lubbock Cemetery, the City Council approved an agreement with Jay D. Crouch and Associates for the sales and development of a mausoleum at the City of Lubbock Cemetery. The agreement for the mausoleum sales and development was approved on December 3, 2001. Crouch and Associates began the marketing and sales of mausoleum spaces in January of 2002. Below you will find a summary of the projected revenue for the mausoleum sales. Benefits: • Complete funding for construction of project. • Increased revenue. • Beautification of the cemetery. • Greater service to community by offering a wider variety of memorial selections. Sales Projection: • Total # of casket spaces to be constructed 1,176 • Average retail sales price per casket space $ 3,400 • Total number of niches 200 • Average retail sales price per niche $ 1,155 Revenue to the Cemetery (Short -Term): .o Regular City Council Minutes January 23, 2003 Page 91 • Land purchased by Crouch and Assoc. $ 12,000 • Lifting device purchased by Crouch and Assoc. $ 10,000 • Ten percent of crypt sales $399,840 • Ten Percent of niche sales $ 23,100 Projected Short -Term Revenue $444,940 Revenue to the Cemetery (Long -Term): • Future crypts openings and closings $441,000 • Future niche openings and closings 25,000 Projected Long -Term Revenue $466,000 Total Projected Revenue $910,940 Crouch and Associates has purchased an office building at 1602 Avenue N and has hired local people for sales and marketing. Since January of 2002, over 166 crypts have been sold and the City has received revenue in excess of $44,000. The construction of the mausoleum is scheduled on or before November 30, 2005. Crouch and Associates offers prospective customers the option to finance mausoleum spaces. The attached Assignment Agreement authorizes Crouch and Associates to assign the purchase agreements to a bank. Crouch and Associates would then receive full payment for the purchase agreements that are assigned. Highlights of the agreement are as follows: • Crouch will pay all sums due to the City of Lubbock. • Indemnity is included in the agreement. • Insurance requirements are included in the agreement. • The purchase agreements must be assigned to a bank as defined in Section 31.002 of the Texas Finance Code. • The funds are to be used solely for construction, promotion and mausoleum sales. Randy Truesdell, Parks and Recreation Manager, gave staff comments. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2003-R0051 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (56.) Resolution No. 2003-R0052 Authorizing the Park Development Department to apply for a matching grant of up to $2,000,000 from the Texas Recreation and Parks Account Regional Park Program. RESOLUTION NO.2003-R0052 WHEREAS, the City of Lubbock (the "City") is fully eligible to receive assistance under the Texas Recreation & Parks Account Regional Grants Program (the "Program"); and WHEREAS, the City is desirous of authorizing an official to represent the City in dealing with Texas Parks and Wildlife (the "TPW") 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, and that notice of the application has been posted according to local public hearing requirements. SECTION 2. THAT the City hereby certifies that the matching share for this application is readily available at this time. 91 Regular City Council Minutes January 23, 2003 Page 92 SECTION 3. THAT the City hereby authorizes and directs its Parks and Recreation Director to act for the City in dealing with TPW for the purpose of the Program, and Randy Truesdell is hereby officially designated as the representative in this regard. SECTION 4. THAT the City hereby specifically authorizes the above -named official to make application to TPW concerning the site to be known as JIM BERTRAM LAKE SYSTEM REGIONAL PARK in the City of Lubbock for use as a park site and is hereby dedicated (or will be dedicated upon completion of acquisition) for public park and recreation purposes in perpetuity, or for the lease or joint -use term, if legal control is through an inter -governmental lease or joint -use agreement. SECTION 5. THAT the City hereby certifies that a copy of the application has been submitted to the appropriate regional council of governments for Texas Review and Comments System consideration. Passed by the City Council this 23rd day of January, 2003. Is/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: Is/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Is/ Randy Truesdell Randy Truesdell Parks and Recreation Manager APPROVED AS TO FORM: /s/ Amy Sims Amy 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. In 2002, the Texas Parks and Wildlife Department began a new Regional Grant Program with applications due on January 31 of each year, with funding awarded the following August. There is no ceiling on match amounts, but grant awards are dependent on the number of applicants and the availability of funds. This new proposal will leverage over $5.1 million earmarked for improvements in the Jim Bertram Lake System, The City of Lubbock's match for the application consists of the following: 1). Dam #4 $3,250,000 GO Bonds 2). Mackenzie Amphitheater 1,700,000 GO Bonds 3), Fore Star Golf 150,000 Improvements to Prairie Dog Town 4), TDCJ Montford Unit 25,000 Committed In -kind to build fence 5). Amphitheater Pardners Program 20,000 Committed to date 6). Museum of Texas Tech University 10,000 "Donation" of archaeology TOTAL $5,155,000 The grant proposal will include a request to augment the currently funded bond projects in the Jim Bertram Lake System. IJ Regular City Council Minutes January 23, 2003 Page 93 Multi jurisdictional cooperation is a key to a successful grant application. The proposal will include programming commitments from LISD, Texas Tech University and South Plains College. In addition, the TDCJ Montford Unit has written a letter committing in -kind labor to construct fencing at the Amphitheater. Furthermore, the archaeological services contract with the Museum of Texas Tech University provides services at a reduced rate to the City of Lubbock, which is normally half the cost of the private sector. Included in the agreement is some in -kind "donation" of labor. The value of the "donated" labor within the Jim Bertram Lake System will be counted as part of the City's match. If the application is successful, the City will have three years to complete the project. This grant application, which follows three awards totaling $1.75 million from TP&W in 2002, expands grant revenue opportunities as well as continues to strengthen public -private partnerships. In August 2003, 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. Corbin Pemberton, Community Projects Manager, gave staff comments. Staff recommended approval of this resolution. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to pass Resolution No. 2003-R0052 as recommended by staff. Motion carried: 5 Yeas, 2 Nays. Council Members Boren and Martin voted Nay. Miscellaneous (57.) Resolution No. 2003-R0053 Changing the names and scope of the subcommittees of the Citizen Advisory Committee created by Resolution No. 2002-R-395. RESOLUTION NO.2003-R0053 WHEREAS, City Councils have received valuable contributions from Citizen Advisory Committees in the past in studying capital improvement programs for the City of Lubbock; and WHEREAS, the services of a Citizen Advisory Committee continue to be a valid method of determining needed capital improvements for the City's vitality; and WHEREAS, it is beneficial for a Citizen Advisory Committee to make recommendations to the City Council for capital improvement needs for a 5-year period, including methods of financing the projects; and WHEREAS, the City Council heretofore on the 26t' day of September, 2002, pursuant to Resolution 2002-R0395 created a new Citizen Advisory Committee; and WHEREAS, the City Council of the City of Lubbock now desires to further define the subcommittee assignments for the Citizen Advisory Committee; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT a Citizen Advisory Committee (CAC) composed of thirty — five (35) members was created by Resolution 2002-R0395 passed on September 26, 2002. The subcommittees established by Section 1 of said Resolution 2002-R0395 shall be renamed and organized as follows. The Citizen Advisory Committee shall be divided into a minimum of three (3), up to five (5) subcommittees to study the capital improvements indicated below: 1) Finance 2) Streets - critical segments of thoroughfares, small stretches of roads and other components like streetscape improvements 3) Civic Centers/Public Venues .7c? Regular City Council Minutes January 23, 2003 Page 94 4) Public Safety — primarily Police and Fire, other safety related projects as needed 5) Parks and Libraries The Mayor and City Council shall appoint the overall chairman. The subcommittee will appoint chairmen from among the members appointed to each subcommittee. SECTION 2. THAT all other provisions of Resolution 2002-RO395 not amended hereby shall remain in full force and effect. Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This resolution contains changes to the names and scope of the Citizen Advisory Committee subcommittees pursuant to Council revisions. Tommy Gonzales, Assistant City Manager, gave staff comments. Staff recommended approval of this resolution. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass Resolution No. 2003-R0053 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (58.) Resolution No. 2003-R authorizing the Mayor to execute an agreement between the City of Lubbock and Catholic Family Services self-sufficiency program. This item was deleted. (59.) Resolution No. 2003-R0054 Authorizing the Mayor to execute a grant application and associated documents for an Active Living by Design grant to promote changes in local community design, transportation and architecture from The Robert Woods Johnson Foundation. RESOLUTION NO.2003-R0054 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute on behalf of the City of Lubbock a grant application and any associated documents for an Active Living by Design grant to promote changes in local community design, transportation and architecture from the Robert Wood Johnson Foundation, which grant description is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. 94 Regular City Council Minutes January 23, 2003 Page 95 Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Active Living By Design, a program sponsored by The Robert Woods Johnson Foundation, announced a call for proposals to promote changes in local community design, transportation and architecture that make it easy for people to be physically active. The program will offer grants in the amount of up to $200,000 each to 25 community partnerships nationwide. No matching funds are required. The grant will provide funds for planning innovative ways for the City of Lubbock to promote active living behavior as well as connect parks and communities throughout the city. The grant is for planning purposes and does not require a city match for funds. Tommy Camden, Health Director, gave staff comments. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2002-R0054 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. DEVELOPMENT SERVICES Business Development (60.) Resolution No. 2003-R of the City Council of the City of Lubbock supporting the Lubbock Housing Authority in their efforts to increase the availability of low and moderate income housing within the City of Lubbock and agreeing to reserve and provide up to 20 acres of land located at 19th Street and Aspen to the Lubbock Housing Authority for development of that low to moderate income housing project by means of an appropriate lease agreement acceptable to both parties. This item was deleted. (61.) Consider direction to the City Manager with regard to lack of progress on the Frankford Avenue paving program between 82"d Street and 98th Street. This item was placed on the agenda at the request of Councilman Tom Martin. The paving of Frankford Avenue from 82"d Street to 98th Street was included in the 1999 Bond Election approved by the voters. Bids were received on the project on July 31, 2002. West Texas Paving, Inc. was the 95 Regular City Council Minutes January 23, 2003 Page 96 low bidder on the project with a bid of $2,173,770.90. The City Council awarded the bid to West Texas Paving on August 29, 2002. The contractor is allowed 200 working days to complete the project. Liquidated damages will be withheld from the contractor's compensation for late completion of the project in the amount of $500 per day. A preconstruction conference was held on November 1, 2002. A Notice to Proceed was issued at that time with an effective date of November 11, 2002. However, the contractor requested that time not be started on the project until January 2, 2003. His reasons were: 1. Because of wet weather immediately preceding this time period, he was in the middle of several other projects that needed to be finished. He could start some minor work on Frankford, but would not be able to make a diligent effort until these other projects were completed. 2. Traffic during the holidays would be affected if he started on Frankford at that time. 3. Because of the previous wet weather, there were several places on Frankford that needed to be pumped and dried out prior to beginning construction. He said he would do this pumping prior to January 2, 2003. There was verbal agreement between staff and the contractor to approve the contractor's request to delay beginning time until January 2. The contractor pledged he would move in and make a diligent effort to begin work on January 2. The contractor began some miscellaneous work including installation of barricades and signs, and preparing his field office site during the week of January 6. The contractor moved in equipment and began work on the detour at 98t' and Frankford the week of January 13. Work days have been counted beginning January 2, 2003. Council Martin stated that he reserved the right to put this back on the agenda at any time if he is not satisfied that the contractor is getting his job done. Mayor McDougal stated that due to the slow start, the contractor would need to be monitored and at the first sign of problems, Council would need to come back and decide whether to change contractors. No action needed to be taken at this time. PUBLIC SAFETY Police (62.) Ordinance No. 2003-00015 to amend Chapter 14, Article XII, of the Lubbock Code of Ordinances, Entitled "False Alarms" (first reading). ORDINANCE NO.2003-00015 AN ORDINANCE AMENDING CHAPTER 14, ARTICLE XII OF THE CITY OF LUBBOCK CODE OF ORDINANCES, ENTITLED "FALSE ALARMS," BY EXPANDING THE SCOPE OF ARTICLE XII TO INCLUDE DURESS ALARMS AND PANIC ALARMS; LIMITING THE TIME PERIOD IN WHICH A PERSON SHALL BE REQUIRED TO OBTAIN A PERMIT AS A RESULT OF FALSE ALARM NOTIFICATIONS; REQUIRING AN APPLICANT FOR AN ALARM PERMIT TO VERIFY HIS IDENTITY; PROVIDING A MORE EFFICIENT AND LESS RESTRICTIVE MEANS OF NOTIFYING AN APPLICANT FOR A PERMIT THAT SUCH PERMIT HAS BEEN APPROVED; AND CLARIFYING THE REQUIREMENTS FOR REINSTATEMENT OF A PERMIT BY THE CHIEF OF POLICE AND THE AFFECT REINSTATEMENT HAS UPON HOW SERVICE FEES ARE CALCULATED. M Regular City Council Minutes January 23, 2003 Page 97 This proposed ordinance is to amend Chapter 14, Article XII, of the City of Lubbock Code of Ordinances, entitled "False Alarms," and includes: 1. Adding definitions for Duress and Panic alarms, and wording directing the tabulation of duress and panic alarms. 2. Adding language to limit the time period where a person is required to get a permit, due to false alarm notifications, based on a calendar year. 3. Adding a requirement for an alarm permit applicant to verify his/her identity. 4. Adding language allowing for a more efficient and less restrictive way to notify permit applicants their permit has been approved. 5. Clarifying language regarding the requirements for re -instatement of a permit, by the Chief of Police, and the affect re -instatement has on service fess and service fee calculations. The Police Department now desires to amend the False Alarm Ordinance to clarify some of its provisions, administer those provisions more efficiently, and more closely accomplish the intended purpose of the ordinance. The Police Chief strongly recommended approval of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Hernandez to pass on first reading Ordinance No. 2003-00015 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (63.) Ordinance No. 2003-00016 amending the FY 2002-03 Budget of the City of Lubbock to increase the budget for the North Overton Tax Increment Finance capital project in accordance with an existing Developers Agreement (first reading). ORDINANCE NO.2003-00016 AN ORDINANCE MAKING CHANGES IN THE FY 2002-03 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. The City Council passed a resolution authorizing the execution of a Developer Participation Agreement between McCanton Wood, Ltd. (Developer), Lubbock Student Housing, L.P. (Builder), and City of Lubbock on July 11, 2002. The budget for the North Overton Tax Increment Finance project will be increased by $918,260 to cover the anticipated expenditures according to Exhibit D of the Developer Participation Agreement (see attached). This additional funding will come from Solid Waste Services as an internal loan. The loan from Solid Waste Services will be reimbursed by the North Overton Tax Increment Finance District beginning in Fiscal Year 2004-05. Richard Burdine, Assistant City Manager, gave staff comments. Staff recommended approval of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00016 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Council Member Hernandez recused themselves. (64.) Resolution No. 2003-R recognizing J.Q. Warnick, Bob Matthews, Mike Liner and John Wilkerson as the Citizens Advisory Committee for the City Council for purposes of reviewing the relationship of the City of Lubbock and LP&L with WTMPA. This item was deleted. (65.) Resolution No. 2003-R0037 authorizing the Mayor to execute an agreement with Ramar Communications to move Lubbock City Government from Channel 6 to Channel 2. 97 Regular City Council Minutes January 23, 2003 Page 98 This item was considered following Item 21. RESOLUTION NO.2003-R0037 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 between the City of Lubbock and Ramar Communications to execute an Agreement for moving the City Government Channel 6 to Channel 2. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of January, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL ATTEST: /s Rebecca Garza Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Tony Privett Tony Privett Director of Communications and Legislation APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney Tony Privett, Director of Communications and Legislation, gave staff comments. Brad Moran, President, Ramar Communications, spoke on behalf of Ramar/Cox Communications. Bridgett Kirkland, Station Manager, KUPT was also present. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass Resolution No. 2002-R0037 as follows: to authorize the Mayor to execute an agreement with Ramar Communications to move Lubbock City Government from Channel 6 to Channel 2 and include on that the December 31 s`, 2002 letter from Mr. Moran with his incentives and the January 13`h agreement with the additional offers that have come forth today, the incentives of transmitter, receiver and antennae. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was not present when this item was heard. The next item considered was Item 31. 98 Regular City Council Minutes January 23, 2003 Page 99 5:28 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Patterson made a motion to adjourn; Council Member Hernandez seconded the motion. Motion carried: 7 Yeas, 0 Nays. Read and approved this day of GCfG 22005. ATTEST: Re cca Garza, City Secretary