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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/22/2003"CORRECTED" CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MAY 22, 2003 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 22nd day of May, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:34 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Pro Tem Victor Hernandez, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison Council Member T.J. Patterson Absent: Mayor McDougal and Council Member Boren 7:42 A. M. Council Member Boren arrived CITIZEN COMMENTS Six citizens expressed comments to the Council. They were: ■ Larry Elms, Attorney, representing the North Overton Neighborhood Association spoke on eminent domain in the North Overton area. He stated that property owners and developers should be the ones to make decisions. He also stated that it was unconstitutional for the City Council to be involved. Mayor Pro Tern Hernandez stated that neither Delbert McDougal nor McCanton Woods had approached City Council concerning this matter. He also requested that Craig Farmer, Managing Director of Planning & Transportation, provide Mr. Elms with copies of the redevelopment policies. ■ Larry Noland spoke on eminent domain in the North Overton area. ■ Ed and Debbie Cosgrove, 2315 16'h Street, owners of three properties in the South Overton District appeared in support of Item 70 on today's agenda. This item addresses amending Chapter 26, "Taxation" of the Lubbock Code of Ordinances by adding "Article III. Tax Incentives for Historic Preservation" providing for partial property tax exemption for certain properties zoned Design -Historic and providing for a partial property tax exemption for restoration of historic structures. Debbie Cosgrove referenced the Bed and Breakfast they have in South Overton and stated they would be applying for historic landmark recognition and plaques for this and other properties they own. ■ Ralph Green appeared to complain about loud motorcycles in his neighborhood, i.e. those without mufflers. He asked Council if there is a law about loud motorcycles without mufflers. If not, he asked them to address this issue. Mayor Pro Tern Hernandez asked Mr. Green to meet with Bob Goodwin, Corporate Communications Manager. ■ Pam Brink, President of South Overton Residential and Commercial Association (SORCA) and a member of the Lubbock Heritage Society, appeared in support of Item 70. Regular City Council Meeting May 22, 2003 Page 432 EXECUTIVE SESSION Mayor Pro Tem Hernandez stated the City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to "Personnel, competitive matters of the public power utility, pending or contemplated litigation, deliberate the purchase, exchange, lease, or value of real property, review certified agenda from the prior executive session and discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City and with which the City is conducting economic development negotiations and/or to deliberate the offer of a financial or other incentive to a business prospect" as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law. 8:02 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 Manager; City Secretary; Municipal Court Judge). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding operation, financial and capital statements and budgets, revenue and expense projections, strategic and business plans and studies 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. (1) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Civic Center; Information Technology, LP&L, Parks, Planning; Police; Right -of -Way; 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: City Manager Search Committee Community Relations Task Force Audit Committee Youth Commission (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 (Civic Center, Coliseum, Parks). (6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.103, to review certified agenda from the prior executive session (City Secretary). 432 Regular City Council Meeting May 22, 2003 Page 433 ( 6A.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.087, to discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City and with which the City is conducting economic development negotiations and/or to deliberate the offer of a financial or other incentive to a business prospect (Texas Tech University). 9:52 A. M. EXECUTIVE SESSION RECESSED 10:04 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Council Member Gary Boren, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson; Tommy Gonzalez, Interim City Manager; Linda Chamales, Assistant City Attorney; and Rebecca Garza, City Secretary Absent: Council Member Hernandez Mayor McDougal called the meeting to order at 10:04 A. M. ( 7.) Invocation by Pastor James C. Clark, Senior Pastor of Mt. Vernon Methodist Church (8.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: Mary Ann Abercrombie (unable to attend) Building Board of Appeals Receiving: Melissa Trevino Community Development & Services Board Receiving: Mary Nell Strong (unable to attend) Culture & Arts Commission Receiving: Patsy Cardona (unable to attend) Keep Lubbock Beautiful Advisory Committee Receiving: Lucy Eade (unable to attend) Rick Gilbert Park & Recreation Board Receiving: Patricia Austin Permit & License Appeal Board Receiving: Cezar Cervantez (unable to attend) CITIZENS APPEARANCES ( 9.) Presentation of a Special Recognition to Adult Protective Services to commemorate May 2003 as Elder Abuse Prevention Awareness Month. — May 2003 has been designated Elder Abuse Prevention Awareness Month in order to bring awareness to the problems of elder abuse in our community, state and nation. Each year, thousands of Texans are abused, neglected and exploited by family members and others. Many victims are people who are older, frail, and vulnerable, and they cannot help themselves and depend on others to meet their most basic needs. Adult Protective Services will be coordinating events around the Lubbock area during the month of May to raise the level of awareness for this growing problem. 433 Regular City Council Meeting May 22, 2003 Page 434 Representatives from Adult Protective Services Program accepted this special recognition commemorating May 2003 as Elder Abuse Prevention Awareness Month. (10.) Presentation of a Special Recognition to the Irons Junior High School Parent Teacher Student Association for their volunteer efforts within the community. The Irons Junior High School PTSA is an organization comprised of 250 junior high students, teacher, and parents. The goal of the organization is to encourage community involvement through volunteer efforts. The group organizes several community service projects throughout the school year, such as serving food to the seniors at the Mae Simmons Community Center. This item was requested by Council Member Patterson. Student officers Jia-Jia Xu, Zoe Georgopoulos, Chelsey Henson, Jordan Booth and Caleb Albers and sponsors Jill Edgington, Sherry Mitchell, Robin Cottrell and Lynn Akin of this Association accepted a special recognition to the Irons Junior High School Parent Teacher Student Association for their work within the community. (11.) Presentation of a Special Recognition to Emery C. Wall recognizing his service as the 64th Commander of the Disabled American Veterans, Department of Texas. The Disabled American Veterans, Department of Texas, consist of wartime disabled veterans totaling 74, 644 members across the State of Texas. Because Texas is so large there are five districts made up of 106 Chapters. The Lubbock Chapter, R.L. Ferguson Chapter #44, has 1,120 members. Mr. Emery Wall served in the US Army for seven and a half years in Aviation in the 57th Assault Helicopter Company of the 1st Aviation Brigade of the A Infantry Division. He was been awarded two Purple Hearts, numerous Air Medals, Bronze Star Vietnam service ribbons, Good Conduct Award and various other awards including two Presidential Citations. Mr. Wall joined the Disabled American Veterans in 1980 and has held every office in the Chapter. In June 2002, he was elected as the Commander for the State of Texas. He will finish his term of office this month, and Council member T. J. Patterson would like to recognize him for his service. Emery C. Wall was present to accept recognition for his service as the 64th Commander of the Disabled American Veterans, Department of Texas. (12.) Presentation of a Special Recognition to the Lubbock Christian High School Boys' Golf Team for placing fifth in the Texas Association of Private Schools state championship tournament. The Lubbock Christian High School Boys' Golf Team recently placed fifth in the TAPS State Championship tournament. This item was requested by Council Member Morrison. Head coach John Dansby and players Michael Bullock, Robert Hickman, Josh Dixon and Ron Mead accepted a special recognition to honor the Lubbock Christian High School Boys' Golf Team for placing fifth in the Texas Association of Private Schools State Championship tournament. (13.) Presentation of a Special Recognition to the Lubbock Christian High School Girls' Golf Team for winning the Texas Association of Private Schools state championship. The Lubbock Christian High School Girls' Golf Team recently brought home the TAPS State Championship title. This item was requested by Council Member Morrison. Head coach John Dansby and players Brooke Adkins, Crystal Bertrand, Kristin Breaux, Leah Dansby and Nicole Zahn accepted a special 434 Regular City Council Meeting May 22, 2003 Page 435 recognition to honor the Lubbock Christian High School Girls' Golf Team for winning the State Championship title in their division. Presentation of a Special Recognition and Honorary Citizenship to Komei Segkiguchi to welcome him to Lubbock and to recognize his great accomplishments in muso jikiden eishin ryu iai jutsu, a form of Japanese sword fighting. (14.) (15.) This item was deleted. CONSENT AGENDA (Nos. 15-33) Motion was made by Council Member Morrison, seconded by Council Member Patterson to approve Items 15-33 on consent agenda as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Boren was away from the dais. Approval of Minutes: May 8, 2003 Regular City Council Meeting (16.) ORDINANCE 2003-00045 - Amending Chapter 19 of the Code of Ordinances of the City of Lubbock, Texas, with regard to permitted activities in Parks within the City of Lubbock. ORDINANCE NO.2003-00045 AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PERMITTED ACTIVITIES IN PARKS WITHIN THE CITY OF LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The American Wind Power Center, located in the Jim Bertram Lake System, 1501 Canyon Lakes Drive has a lease agreement with the City of Lubbock for the development and operations of the Center. According to Article I, Section 19-2, of the Code of Ordinances, the sale and consumption of alcoholic beverages on park property is prohibited with the exception of the Meadowbrook Golf Course at Mackenzie Park and by special permit at the Mackenzie Outdoor Center, the Fine Arts Center, the Landwar House and surrounding fenced area at Canyon Lakes #2, during specific events. Coy Harris, Executive Director of the American Wind Power Center, is interested in offering alcohol sales at the Center during private rentals of the facility. Mr. Harris made a request to the Parks and Recreation Advisory Board on April 22, 2003 to allow the sale and consumption of alcohol at the Wind Power Center. The sale of alcohol would provide an additional revenue opportunity and service for the Wind Power Center. The sale and consumption of alcohol would be in accordance with the laws of the State of Texas, as administered by the Texas Alcoholic Beverage Commission. A perimeter fence surrounds the Wind Power Center, with a gated access. On April 22, 2003, the Parks and Recreation Advisory Board recommended approval of this ordinance. (17,) ORDINANCE #2003-00040 - Abandoning and closing a portion of Harvard Street in Section 6, Block J-S, Lubbock County, Texas (5703 Harvard Street). ORDINANCE NO.2003-00040 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF HARVARD STREET LOCATED IN SECTION 6, BLOCK J-S, 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. 435 Regular City Council Meeting May 22, 2003 Page 436 This ordinance was read for the first time at the May 8, 2003 City Council meeting as a routine consent agenda item. The Right -of -Way Department recommended approval of the second reading of this ordinance. (18.) ORDINANCE - #2002-00137 - Abandoning and closing a portion of North Avenue Q in Section 19, Block A, Lubbock County, Texas (123 N. Avenue Q). ORDINANCE NO.2002-00137 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AVENUE Q LOCATED IN SECTION 19, BLOCK A, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance was read for the first time at the December 19, 2002 City Council meeting as a routine consent agenda item. The second reading of this ordinance reflects a revised legal description of the street area being closed due to an addition by the surveyor. The Right -of -Way Department recommended approval of the second reading of this ordinance. (19.) Resolution No. 2003-RO189 authorizing the Mayor to execute a Quitclaim Deed in favor of Caprock Commerce Corporation for a portion of North Avenue Q located in Section 19, Block A, Lubbock County, Texas (123 N. Avenue Q). RESOLUTION NO.2003-RO189 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 Quitclaim Deed in favor of Caprock Commerce Corporation, and related documents. Said Deed 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 22nd day of May, 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 L. Chamales Supervising Attorney/Office Practice A copy of the Deed is filed with Resolution No. 2003-R0189. This deed quitclaims the 16,718 square foot tract of land being abandoned and closed in the previously read abandon and close ordinance #2002- 436 Regular City Council Meeting May 22, 2003 Page 437 00137 closing a portion of North Avenue Q to Caprock Commerce Corporation , the abutting property owner to the east. The Right -of -Way Department recommended approval of this Quitclaim Deed. (20.) Ordinance No. 2003-00046 amending Chapter 16, Motor Vehicles and Traffic, section 175.2 with regard to the establishment of new school zones on MLK Blvd. at Estacado High School and on Toledo Avenue at Rush Elementary School. (First reading) ORDINANCE NO.2003-00046 AN ORDINANCE AMENDING SECTION 16-175.2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE ESTABLISHMENT OF SCHOOL ZONES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. Last fall, LISD presented a request to the Citizens Traffic Commission to add school zones at Estacado High School on M.L.K., Jr. Blvd. and at Rush Elementary on Toledo Avenue. Following studies by staff confirming the need for these 2 additional locations, these recommendations were presented to the Citizens Traffic Commission, and they adopted a recommendation to the City Council that the following changes be approved: Dr. Martin Luther King Jr. Boulevard - On both sides of MLK beginning at a point 106 feet south of E. Erskine Street and extending to a point 213 feet south of E. Emory St. Reduced speed limit 30mph. (Estacado H.S.). Toledo Avenue - On both sides of Toledo Avenue beginning at a point 153 feet NW of 13'' Street and extending to a point 163 feet WE of 151h Street. Reduced speed limit 20mph. (Rush Elem.) The Traffic Engineering Department, Legal Department and the Citizens Traffic Commission recommended approval of the first reading of this ordinance. (21.) Ordinance No. 2003-00047 amending Chapter 16, Motor Vehicles and Traffic, section 175.1 so as to alter the prima facie speed limits upon certain streets (state highways) within the City of Lubbock: Loop 289 frontage roads from Brownfield Road clockwise to Idalou Road. ORDINANCE NO.2003-00047 AN ORDINANCE AMENDING SECTION 16-175.1 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE ESTABLISHMENT OF SPEED LIMITS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. Section 175.1 These additions are to restore the ordinances that previously existed for these roads that were omitted in a previous ordinance by mistake. The Traffic Engineering Department and the Citizens Traffic Commission recommended approval of the first reading of this ordinance. (22.) Ordinance No. 2003-00048 abandoning and closing a 10-foot Water Line Easement located in Section 18, Block E-2, Lubbock County (10006 Memphis Avenue). ORDINANCE NO.2003-00048 AN ORDINANCE ABANDONING AND CLOSING A WATER LINE EASEMENT LOCATED IN SECTION 18, BLOCK E-2, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 437 Regular City Council Meeting May 22, 2003 Page 438 This ordinance abandons and closes a 10-foot by 290.08-foot water line easement located in Section 18, Block E-2. This easement was dedicated in 1999 in the future east right-of-way of Memphis Avenue just north of the Lakeview Heights Addition at approximately 1061h Street. This area is now being platted and Memphis Avenue dedicated. The easement is no longer needed. The Right -of -Way Department recommended approval of the first reading of this ordinance. (23.) Resolution No. 2003-RO190 authorizing the Mayor to execute an amendment to a grant agreement between the Federal Aviation Administration and the City of Lubbock. RESOLUTION NO.2003-RO190 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Agreement for Grant No. 3-48-01'38-24-02 from the United State of America, represented by the Federal Aviation Administration, for funding a portion of the direct costs associated with new, additional, or revised security requirements imposed on Lubbock International Airport, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day of May, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-RO190. To compensate airports for a portion of direct operational costs associated with new, additional or revised security requirements imposed on or after September 11, 2001, the Federal Aviation Administration (FAA) made available $175 million to be distributed among the nation's airports as a supplement to the Department of Defense FY 2002 appropriation. The City of Lubbock, on behalf of Lubbock International Airport, received a grant in May 2002 in the amount of $85,000.00 under this appropriation. Since the receipt of the initial grant, the FAA has identified additional resources and has increased the grant amount from $85,000 to $129,455 to cover additional security operational costs as a result of the events of September 11, 2001. This funding is included in the airport's revenue calculations of the revised budget. The amendment, grant amendment No. 1 for AIP Project No. 3-48-0138-24-02 at Lubbock International Airport, was provided in council backup. Staff recommended approval of this resolution. 438 Regular City Council Meeting May 22, 2003 Page 439 (24.) Resolution No. 2003-RO191 authorizing the Mayor to approve an application to the Federal Geographic Data Committee National Spatial Data Infrastructure 2003 Cooperative Agreement Program to provide assistance for metadata creation for the City Of Lubbock Geographic Information System. (Planning) RESOLUTION NO. 2003-RO191 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Application and associated documents to the Federal Geographic Data Committee National Spatial Data Infrastructure 2003 Cooperative Agreement Program, to provide assistance for metadata creation for the City of Lubbock Geographic Information System. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day of May, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craisz Farmer Craig Farmer, Managing Director Planning and Transportation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney A copy of the Agreement is filed with Resolution No. 2003-R0191. This grant request is to hire part-time personnel and purchase software for the creation of metadata to US Geological Survey/National Spatial Data Infrastructure (USGS./NSDI) Standards. According to the USGS, metadata is information "about the content, quality, condition and other characteristics of data." Another way of describing metadata is that it is the same as a bibliography or card catalog for City Of Lubbock geographic data that gives users information about the location, creation, source and usability of the geographic data. This information makes the data more useful for analysis. Creation of metadata is a necessary activity, but one that is often overlooked, because it is time consuming, tedious and requires a framework or organizational plan to be efficiently created. The City Of Lubbock is not alone in not being able to meet this need with existing funding and personnel resources, so the USGS has a program aptly named "Don't Duck Metadata" that provides limited funding to get metadata creation programs underway. The $9000 one-time grant is nonrenewable and does not obligate the city to any future activities beyond routine maintenance of the information. The grant will allow the city to purchase metadata creation software, and hire part-time personnel (GIS students from Texas Tech) to work with full-time staff to develop a metadata implementation plan. This plan will be used by the City as a framework for the organization and dissemination of existing and future data. In 439 Regular City Council Meeting May 22, 2003 Page 440 addition, the part-time personnel will create metadata for all existing City Of Lubbock geographic data, both graphic and database. The availability of this information within the City Of Lubbock organization and on the cty's website will make the City's existing data that citizens, students, emergency responders, and businesses now download from our website even more useful. Staff recommended approval of this resolution. (25.) Resolution No. 2003-R0192 authorizing the Mayor of the City of Lubbock to execute a Commercial Lease Agreement with Rosen and Rosen for lease of a warehouse/garage. RESOLUTION NO. 2003-R0192 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Commercial Lease Agreement with Rosen and Rosen for the lease of a warehouse/garage located at 1407 Avenue F, Lubbock, Texas, to be used as a garage for storage of seized vehicles, department vehicles and related uses. A copy of the Commercial Lease is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of the Resolution as if fully copied herein. Passed by the City Council this 22nd day of May, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Commercial Lease is filed with Resolution No. 2003-R0192. This commercial lease would be with Rosen and Rosen for the lease of warehouse/storage area located at 1407 Avenue F in Lubbock, Texas. The primary term of this lease is 12 months. The garage at this location is to be used to store seized vehicles, departmental vehicles, and other City property. The vehicles are normally turned over to the Police Department for use in law enforcement activities. Occasionally, staff is required to return vehicles to the owners. In those instances, the fact that the vehicles have been stored indoors keeps liability at a minimum. The lease is funded through the South Plain Regional Narcotics Task Force grant. The City of Lubbock is the grantee and staff is required to follow City purchasing procedures when spending grant money. The Police Department recommended approval of this resolution. (26.) Resolution No. 2003-R0193 authorizing the Mayor to execute a Landscape Maintenance Agreement with Wells Fargo Bank for maintenance of the landscape enhancement of the Northeast Quadrant at the intersection of Slide Road and South Loop 289. M Regular City Council Meeting May 22, 2003 Page 441 RESOLUTION NO.2003-RO193 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a South Loop 289 Landscape Maintenance Agreement and any associated documents between the City and Wells Fargo Bank, a copy of which Agreement is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 22nd day of May, 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-RO193. The Texas Department of Transportation has completed the construction of the landscape improvements along South Loop 289. In 1999, then Councilman Max Ince worked diligently to develop a process where businesses could partner with the City of Lubbock to provide maintenance of the landscape at the Loop turnarounds. An agreement signed by a representative of Wells Fargo Bank (Sponsoring Business) for the maintenance of the Northeast Quadrant at the intersection of Slide Road and South Loop 289 was provided in council backup. The maintenance of the Loop turnarounds by sponsoring businesses will allow for an enhanced level of maintenance. Along with the basic level of service, the partnership with the Sponsoring Business will allow for the purchase and planting of flowers. A minimum two plantings of seasonal flowers are required per year. Exhibit B outlined the maintenance standards that the City is required to perform. Summary information of the agreement is as follows: • The Sponsoring Business agrees to grant an amount not to exceed $6,093 biannually to the City for use in performance of its obligations under the Agreement. Payments shall be made to the City on a biannual basis. • The City agrees to perform maintenance according to the standards shown on Exhibit B in council backup. • The term of the agreement is for two years. • Advertising signs (no more than two per quadrant) will depict the logo of the Sponsoring Business. The signs shall not exceed the dimensions 441 Regular City Council Meeting May 22, 2003 Page 442 of 24 inches x 18 inches. The City will be responsible for the purchase and maintenance of the signs. • City shall provide water for irrigation as well as maintain the irrigation system. Staff recommended approval of this resolution. (27.) Consider ratification of the reappointment of Cathy Allen to the Civil Service Commission. Cathy Allen is very knowledgeable of the rules and regulations of Chapter 143 of the Local Government Code and has served as the Civil Service Commissioner since March 27, 1997. Cathy's current term will expire on June 3, 2003. She has only served one term of an allowable three term tenure. The Commission members ratify rules and standards applicable to classified civil service positions in the Fire and Police departments and the enforcement and effect of the Civil Service statutes. Members are appointed by the City Manager as per Texas Local Government Code 143.006, and ratified by the governing body. The term for these appointments is three years and the meetings are held as needed. There are three members of the Commission as required by law and the Director of the Commission is Mary House. The Interim City Manager's reappointment to this position was ratified. (28.) Resolution No. 2003-R0194/BID #022-03/RS for Meal Service for Senior Citizen Centers (Parks and Recreation) RESOLUTION NO.2003-RO194 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for meal service for senior citizens centers, by and between the City of Lubbock and Aramark Educational Services, Inc. of Lubbock, Texas and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd day of May, 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/ William de Haas William de Haas Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2003-RO194. This bid is to contract a food service vendor for the Senior Meal Program. The program serves approximately 68,000 hot meals per year to senior 442 Regular City Council Meeting May 22, 2003 Page 443 citizens of Lubbock. These meals are served five days per week at five sites located in Lubbock. Meal service will fulfill one-half of the Recommended Daily Allowance for seniors 60 years of age and older. This food program provides five hot meals per week to seniors who may not have a meal otherwise. Approximately 112 local food vendors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $159,800 was appropriated and $159,800 is available in account number 84012.8302 (Professional Services) for this purpose. Award contract to ARAMARK Educational Services, Inc. of Lubbock, Texas for $159,800 ($2.35 per meal), or such alternative action as the City Council may deem appropriate. (29.) Resolution No. 2003-R0195/BID #047-03BM for Pump Station #10 Emergency Bypass Line (Public Works) RESOLUTION NO.2003-RO195 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 reject all bids for Pump Station #10 emergency bypass line, for ITB# 047-03/BM. Passed by the City Council this 22nd day of May, 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/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney This bid is for the construction of an emergency bypass line for pump station #10. The existing reservoir located at 82"d Street and Memphis Avenue must be replaced due to structural problems caused by rising groundwater. When the reservoir was designed and constructed, groundwater was not found and was not included in the design. Due to lessening demands on the aquifer for irrigation and the use of imported water, the groundwater elevation has risen to a level above the bottom of the existing tank. A new seven million gallon reservoir is planned to be built to withstand the forces of groundwater and to meet new Texas Conservation and Environmental Quality requirements. Construction is scheduled to take one year and the bypass will allow the Public Works Department to meet the pressure needs of the City of Lubbock next summer and during construction by using this pump station as a booster pump station. Time for completion of this project is 60 working days and liquidated damages is $500 per day. Eighty-three local contractors were notified of the Invitation to Bid. Two bids were received and reviewed for this 443 Regular City Council Meeting May 22, 2003 Page 444 project. However, staff recommended rejection of all bids for this project. It is no longer feasible to take the existing ten million gallon reservoir out of service for construction until September 30, 2003 due to the fear of structural damage and the importance of this pump station to the citizens of southwest Lubbock. FISCAL IMPACT: A total of $11,088,000 was appropriated and $7,001,590 is available in account number 9567.30000 (Pump Station Rehabilitation/Bypass Construction) for this purpose. Reject all bids, or such alternative action, as the City Council may deem appropriate. (30.) Resolution No. 2003-R0196/ BID #053-03/RS for ADA Curb Ramps Phase Seven at Various Locations (Street Drainage Engineering) RESOLUTION NO. 2003-RO196 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the ADA curb ramps phase seven at various locations, by and between the City of Lubbock and JG Group, LLC of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd day of May, 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/ William de Haas William de Haas Contract Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 22nd day of May, 2003, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and JG Group, LLC, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR Regular City Council Meeting May 22, 2003 Page 445 hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #053-03/RS - ADA CURB RAMPS PHASE SEVEN AT VARIOUS LOCATIONS - $411,072.50 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Owner's Representative APPROVED AS TO FORM: /s/ Linda L. Chamales City Attorney ATTEST: Corporate Secretary /s/ Laura Martinez CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: JG Group, LLC /s/ Michael Jones PRINTED NAME: Michael Jones TITLE: Owner COMPLETE ADDRESS: JG Group, LLC P.O. Box 3543 Lubbock, TX 79452 This project is one of many phases of an overall project to install Americans with Disabilities Act (ADA) curb ramps at target locations. Ramp construction at these locations is part of an ultimate goal of uniform and equal distribution through the city, while complying with ADA regulations. The purpose of this phase is to improve access for disabled individuals in accordance with the Federal ADA Mandate. Time for completion of this project is 250 working days and liquidated damages is $500 per day. Thirty-five local contractors were notified of this Invitation to Bid. This project is the seventh phase of a continuing project for which initial construction began in 1994. Approximately $1.5 million Y has been spent by the City of Lubbock for curb ramp installation. FISCAL IMPACT: A total of $2,039,107 was appropriated and $508,863 is available in project number 9923 (ADA Curb Ramps) for this purpose. Award contract to JG Group, LLC of Lubbock, Texas for $411,072.50, or such alternative action as the City Council may deem appropriate. 445 Regular City Council Meeting May 22, 2003 Page 446 (31.) Resolution No. 2003-110197/11I1) #056-03/RS for Summer Lunch Program (Indoor Recreation) RESOLUTION NO.2003-RO197 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for meal service for senior citizen centers, by and between the City of Lubbock and South Plains Food Bank, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd day of May, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor yr Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2003-RO197. The City of Lubbock has participated in the Summer Food Service Program for the past ten years with positive results. The program provides a nutritional noon meal each weekday for children ages one through 18. The program begins May 27, 2003 and ends on August 8, 2003. Any child is eligible to participate in the Summer Food Program and receives a free meal at Trejo, Mae Simmons, and Rawlings Community Centers. The Summer Food Service Program projects to serve approximately 17,745 meals this summer. This project contracts with a food vending company to prepare the meals. Meals served are reimbursed through the Department of Human Services. Approximately 112 local food vendors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $41,701 was appropriated and $41,701 is available in project number 84008.8302 (Professional Services - Summer Lunch Program) for this purpose. Award contract to South Plains Food Bank, Inc. of Lubbock, Texas for $37,264.50 ($2.10 per meal), or such alternative action as the City Council may deem appropriate. (32.) Resolution No. 2003-R0198/RFP #222-02/RW for an Ion Chromatograph (Water Utilities) 446 Regular City Council Meeting May 22, 2003 Page 447 RESOLUTION NO.2003-RO198 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the purchase of an ion chromatograph, by and between the City of Lubbock and Dionex Corporation of Houston, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22ne day of May, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Reb cca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victory Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2003-RO198. This contract is for the purchase of an ion chromatograph (IC) and related service agreement for the Wastewater Laboratory. Trained technicians will use the chromatograph at the Wastewater Laboratory located at the Southeast Water Reclamation Plant. This equipment will be used to perform daily nitrate analyses as required by a Texas Conservation and Environmental Quality (TCEQ) permit. This instrument will replace an existing IC. The current IC was purchased in 1994 and is used almost daily. Downtime is becoming more frequent, thus requiring costly outsourcing of sample analyses in order to comply with the TCEQ permit. Twelve local businesses were notified of this Request for Proposal. The evaluation committee received two proposals from Alltech Associates, Inc. of Deerfield, Illinois and Dionex Corporation of Houston, Texas. The evaluation committee included Cande Hum, James Rodgers and Scott Connery. Evaluation criteria included: • Price-60% • Experience-20% • References-20% The evaluation committee ranked the firms as follows: Dionex Corporation 3.6 Alltech Associates, Inc. 3.1 FISCAL IMPACT: A total of $65,000 was appropriated and $65,000 is available in account number 90178.9226.40000, 2002-2003 (Lab Equipment Replacement) for this purpose. 447 Regular City Council Meeting May 22, 2003 Page 448 Award contract to Dionex Corporation, Inc. of Houston, Texas for $59,851, or such alternative action as the City Council may deem appropriate. (33.) Resolution No. 2003-R0199/RFP #014-03/RW for Microfilming and Imaging Services (City Secretary) RESOLUTION NO.2003-RO199 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 Conversion Services Agreement with Lason Systems, Inc. for microfilm and electronic imaging services. 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 22nd day of May, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Rebeca Garza APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the agreement is filed with Resolution No. 2003-R0199. This contract is for microfilming and imaging of documents for the City Secretary and other City of Lubbock departments. Services will also include the destruction of documents. Five local businesses were notified of the Request for Proposals. Proposals were received from Lason System's Inc. of Amarillo, Texas and WesTex Document, Inc. of Midland, Texas. Evaluation criteria included: • Substantial successful experience in completing similar projects. (20%) • Demonstrated knowledge and understanding of the project. (20%) • Substantial representations regarding the firm's qualifications and demonstrated design skill appropriate to this project and the technical capabilities and professional competence of the Proposer and assigned personnel. (20%) • Substantial capability to meet schedules and deadlines as well as the capability to complete projects without having major cost escalations, change orders or overruns. (20%) • Record of performance based on previous work with the City and/or other client references. (10%) • Cost (10%) The evaluation committee ranked the firms as follows: Lason Systems, Inc. of Amarillo, Texas 17.95 WesTex Document, Inc. of Midland, Texas 7.03 448 Regular City Council Meeting May 22, 2003 Page 449 FISCAL IMPACT: A total of $34,988 was appropriated and $22,000 is available in account number 1211.8314 (Professional Services -Professional Privatization) for this purpose. Award contract to Lason Systems, Inc. of Amarillo, Texas, or such alternative action as the City Council may deem appropriate. The term of the contract is one year with an option to renew annually for up to two additional one-year terms. The total anticipated expenditure for this contract during the remainder of this fiscal year is $22,000 and in subsequent fiscal years is $34,988. Council Member Boren returned to the dais. PUBLIC HEARING 10:25 A.M. (34.) Hold a Public Hearing to consider Council action regarding adopting 20 years, any age service retirement under the Texas Municipal Retirement System. Mayor McDougal opened the public hearing at 10:25 a. m. No one appeared in opposition. Mayor McDougal closed the hearing at 10:26 a.m. Full-time City of Lubbock employees, with the exception of Fire Department staff, participate in the Texas Municipal Retirement System (TMRS). The City's TMRS plan has adopted retirement eligibility of 25 years of service at any age or 5 years of service at age 60. This Ordinance will reduce the 25 years requirement to 20 years. Fire Department employees participate in the Firemen's Relief & Retirement Fund. This Ordinance will not affect the Firefighter pension requirements. Reducing the age requirement for retirement eligibility will increase the City's contributions to both Retirement plans. City contributions to either plan are made equitable if one plan's contribution rate increases. Current contribution rates are 14.05% for TMRS and 16.29% for the Firemen's fund. If the requested Ordinance is approved, the TMRS rate will increase to 14.27% and the Firemen's fund to 16.45% for the remainder of this year. The 20 years retirement provision will increase contributions about $150,000 a year. Projected annual contributions for both plans will increase from approximately $10,342,000 to $10,492,000. Enhancing the TMRS benefit should encourage employee morale and provide flexibility of employment options for long-term employees. It will also help in recruiting. Forty-five percent of TMRS cities are at 20 years retirement. If approved, the 20 years eligibility provision will be effective July 1, 2003. Staff recommended approval adopting 20 years, any age service retirement under the Texas Municipal Retirement System. (35.) Ordinance No. 2003-00049 to adopt 20-years, any age service retirement under the Texas Municipal Retirement System. ORDINANCE NO. 2003-00049 AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL RIGHTS AUTHORIZED BY SECTION 854.202(g) OF TITLE 8, TEXAS GOVERNMENT CODE, AS AMENDED, AND PRESCRIBING THE EFFECTIVE DATE FOR THE ORDINANCE. Full-time City of Lubbock employees, with the exception of Fire Department staff, participate in the Texas Municipal Retirement System (TMRS). The City's TMRS plan has adopted retirement eligibility of 25 years of service at any age or 5 years of service at age 60. This Ordinance will reduce the 25-year requirement to 20 years. Fire Department 449 Regular City Council Meeting May 22, 2003 Page 450 employees participate in the Firemen's Relief & Retirement Fund. This Ordinance will not affect the Firefighter pension requirements. Reducing the age requirement for retirement eligibility will increase the City's contributions to both Retirement plans. City contributions to either plan are made equitable if one plan's contribution rate increases. Current contribution rates are 14.05% for TMRS and 16.29% for the Firemen's fund. If the requested Ordinance is approved, the TMRS rate will increase to 14.27% and the Firemen's fund to 16.45% for the remainder of this year. The 20 years retirement provision will increase contributions about $150,000 a year. Projected annual contributions for both plans will increase from approximately $10,342,000 to $10,492,000. Enhancing the TMRS benefit should encourage employee morale and provide flexibility of employment options for long-term employees. It will also help in recruiting. Forty-five percent of TMRS cities are at 20 years retirement. If approved, the 20 years eligibility provision will be effective July 1, 2003. Staff recommended approval of this ordinance. Mary House, Director of Human Resources, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00049 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 63. 10:38 A.M. ZONING (36.) Ordinance No. 2003-00054-ZONE CASE NO. 2705-A (4601 I-27 North): Hold a public hearing to continued request of Lamar Outdoor Advertising for a zoning change from IHI to C-4 Specific Use limited to a billboard and all unconditionally permitted IHI uses to allow an existing off -premise sign on a portion of an unplatted tract of land out of Section 9, Block A. This item was considered following Item 44. ORDINANCE NO. 2003-00054 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2705-A; A ZONING CHANGE FROM IHI TO C-4 SPECIFIC USE FOR A BILLBOARD ON AN UNPLATTED TRACT OF LAND OUT OF SECTION 9, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:38 a. m. Shirley Schleuse, Vice President/General Manager of the Lubbock Division of Lamar Outdoor Advertising, Mike Webster, Lamar Outdoor Advertising and Gerald Northcutt appeared on behalf of Lamar Outdoor Advertising. Mary Vines, 3103 — 25`h appeared in opposition. Mayor McDougal closed the hearing at 10:54 a. m. The request proposes that a nonconforming billboard become a permitted use on a parcel on the west side of Interstate 27 and 1,500 feet north of Regis Avenue. The structure remains as a nonconforming use established prior to adoption of the current zoning code in 1975 and subsequent legal agreements. Five zone cases filed for this agenda represent all but one of the signs requiring zoning approval to remain or having to be removed by February 2002 per an agreed court order from 1986 (outlined in more detail below). Various time and process issues have caused the delay until this agenda. When the 1975 ordinance was passed, billboards as a land use were placed in two districts: 450 Regular City Council Meeting May 22, 2003 Page 451 • 300 square foot boards are allowed in C-4 • 750 square foot boards are allowed in M-1. Billboards are not treated as a sign on property but as a permitted land use. Thus, a C-4 designation is needed on this property to make the billboard a conforming use. The 1975 ordinance provided a 6.5-year period that allowed nonconforming signs to remain, referred to as an abatement period. The legal function of abatement allows the value of the sign to be amortized as a business expense before having to be either removed or brought into compliance. In the case of billboards, the time frame incorporated into the Zoning Ordinance 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 be amortized and come down by 1982: 1. The billboard related section of the 1975 zoning ordinance was challenged in 140t' State District Court, the Seventh Court of Appeals in Amarillo, the Texas Supreme Court, then to the Federal Supreme Court because of the restriction of the use to C-4 and M Districts. The challenge was based on freedom of speech, the takings clause, public safety issues and other items of law. The Lubbock 140t' District Court and the 7th Court of Civil Appeals upheld the new ordinance as a valid function of land use regulation. The Texas Supreme Court and the U.S. Supreme Court denied certiorari, which in effect means that the original State Court findings became law. While Lubbock is no longer at the forefront of sign and billboard regulation, 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 ordinance as the basis for their original content. 2. In about 1985, the State legislature enacted law that created another round of possible litigation. The legislation required creation of a special municipal sign control board that had the responsibility of determining value and the "entire useful life" 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. In 1986 the Municipal Board of Sign Control and Lubbock Outdoor (the original company later owned by Martin Outdoor and now by Lamar) agreed to a settlement regarding the existing signs and when they would be removed. The term "entire useful life" added many years to the length of time various signs would be in place, versus the original 6.5 years time frame. The Court order attached the agreement as what are termed the "stipulations". The Stipulations indicated which billboards were legal at the time (the number that remained legal was 40), nonconforming but would be made conforming or taken down immediately, and which boards would be taken down or made conforming in future years. The future groups of boards were included: 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) As noted, the removal date for the sign in question was February 28, 2002. The stipulations indicate 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. The staff requested Lamar to provide a list of billboards for which they planned to file zone or ZBA cases to allow 451 Regular City Council Meeting May 22, 2003 Page 452 the use to continue and which structures were going to be removed. That list was submitted in September 2002 The Stipulations indicate that either removal or compliance is an acceptable resolution. A lot of discussion has surrounded the "compliance" part of the settlement. The Planning staff is of the opinion that the reference to compliance indicated that a meaningful discussion could occur regarding the status of each sign at the end of the amortization period, whether or not the billboard would be and acceptable use under the standards and policies in place at those future dates. No hard and fast rule accompanies the reference to removal or compliance. This zone case is an attempt to rezone and achieve compliance versus removal for this billboard. Lamar has made a commitment to meeting development standards (size, height an setback) as well as installing new monopole structures if any of the cases are approved. The adjacent land uses include: N — vacant, zoned residential S — vacant, zoned residential E — I-27 W — vacant, zoned IHI Comprehensive Land Use Plan Policy states: "commercial land uses (i.e. heavy commercial) which serve a city-wide or regional market shall be located on regional thoroughfares or expressways". Since I-27 is a regional thoroughfare, consideration of the C-4 is in order. The area on the west side of I-27 is IDP as policy on the Comprehensive Land Use Plan. The I-27 Policy District stops at Loop 289 and I-27, although IHI zoning was approved for this location several years ago. Billboards are not a permitted use in IDP, IHC or IHI. The request is filed as Specific Use because the Lamar does not meet one C-4 criteria for billboards. • That is being located a minimum of eighty feet from any residentially zoned property line. The adjacent R-1 zoning is less than 80 feet from the edge of the board. Staff encouraged discussion based on the combination of background of the sign ordinance and if the request is legitimate with regard to the Comprehensive Land Use Plan policy for C-4 uses. Although the case is recommended, several Planning Commission members are of the opinion that the original amortization date should be upheld and that providing for the continuance of the billboard should not be permitted. During development of the I-27 Districts and policy area, the process may have been short-sighted by ending the policy district at the North Loop. The land area north of the Loop represents is as important with regard to visual issues adjacent to I-27 as the portion inside the Loop. As noted, the area west of I-27 at this location is targeted as Industrial Park. The Planning Commission recommended approval of C-4 Specific Use for the billboard and all unconditionally permitted uses of the Interstate Industrial District subject to the following conditions: 1. Update of the structure to a monopole steel structure. 2. Constructing a billboard at the maximum of 300 square feet. 3. Meeting the front setback (43 feet) required for billboards in the C-4 District. 4. Allowance within the Specific Use Permit for less than 80 feet of setback from residential zoned property. 5. Reconstruction shall be accomplished by February 1, 2004. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. 452 Regular City Council Meeting May 22, 2003 Page 453 Council Member Hernandez arrived at the meeting at 10:52 a.m. Motion was made by Council Member Hernandez, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2003-00054 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Council Member Martin voted Nay. (3'7.) Ordinance No. 2003-00055-ZONECASE NO. 1-Dst (6410 Lamatr Street): Hold a public hea g to co timed reg Outdoor Advertising for a zoning change from C-3 to C-4 Specific Use limited to a billboard and all unconditionally permitted C-3 uses to allow an existing off -premise sign on a portion of an unplatted tract of land out of Section 9, Block JS. ORDINANCE NO.2003-00055 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2191-D; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE FOR A BILLBOARD ON AN UNPLATTED TRACT OF LAND OUT OF SECTION 9, 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 10:38 a. m. Shirley Schleuse, Vice President/General Manager of the Lubbock Division of Lamar Outdoor Advertising and Mike Webster, Lamar Outdoor Advertising and Gerald Northcutt appeared on behalf of Lamar Outdoor Advertising. Mary Vines, 3103 — 25a' appeared in opposition. Mayor McDougal closed the hearing at 10:54 a. in. The request proposes that a nonconforming billboard become a permitted use on a parcel on the north side of 19`h Street approximately 455 feet east of Milwaukee. The structure remains as a nonconforming use established prior to adoption of the current zoning code in 1975 and subsequent legal agreements. Five zone cases filed for this agenda represent all but one of the signs requiring zoning approval to remain or having to be removed by February 2002 per an agreed court order from 1986 (outlined in more detail below). Various time and process issues have caused the delay until this agenda. When the 1975 ordinance was passed, billboards as a land use were placed in two districts: • 300 square foot boards are allowed in C-4. 750 square foot boards are allowed in M-1. Billboards are not treated as a sign on property but as a permitted land use. Since this board is actually two 300 +/- square foot boards joined together, the resulting size suggests that an M-1 is needed on this property to make the billboard a conforming use. The 1975 ordinance provided a 6.5-year period that allowed nonconforming signs to remain, referred to as an abatement period. The legal function of abatement allows the value of the sign to be amortized as a business expense before having to be either removed or brought into compliance. In the case of billboards, the time frame incorporated into the Zoning Ordinance 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 be amortized and come down by 1982: 1. The billboard related section of the 1975 zoning ordinance was challenged in 140'' State District Court, the Seventh Court of Appeals in Amarillo, the Texas Supreme Court, then to the Federal Supreme Court because of the restriction of the use to C-4 and M Districts. The 453 Regular City Council Meeting May 22, 2003 Page 454 challenge was based on freedom of speech, the takings clause, public safety issues and other items of law. The Lubbock 140`h District Court and the 7th Court of Civil Appeals upheld the new ordinance as a valid function of land use regulation. The Texas Supreme Court and the U.S. Supreme Court denied certiorari, which in effect means that the original State Court findings became law. While Lubbock is no longer at the forefront of sign and billboard regulation, 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 ordinance as the basis for their original content. 2. In about 1985, the state legislature enacted law that created another round of possible litigation. The legislation required creation of a special municipal sign control board that had the responsibility of determining value and the "entire useful life" 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. In 1986 the Municipal Board of Sign Control and Lubbock Outdoor (the original company later owned by Martin Outdoor and now by Lamar) agreed to a settlement regarding the existing signs and when they would be removed. The term "entire useful life" added many years to the length of time various signs would be in place, versus the original 6.5 years time frame. The Court order attached the agreement as what are termed the "stipulations". The Stipulations indicated which billboards were legal at the time (the number that remained legal was 40), nonconforming but would be made conforming or taken down immediately, and which boards would be taken down or made conforming in future years. The future groups of boards were included: 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) As noted, the removal date for the sign in question was February 28, 2002. The stipulations indicate 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. The staff requested Lamar to provide a list of billboards for which they planned to file zone or ZBA cases to allow the use to continue and which structures were going to be removed. That list was submitted in September 2002. The Stipulations indicate that either removal or compliance is an acceptable resolution. A lot of discussion has surrounded the "compliance" part of the settlement. The Planning staff is of the opinion that the reference to compliance indicated that a meaningful discussion could occur regarding the status of each sign at the end of the amortization period, whether or not the billboard would be and acceptable use under the standards and policies in place at those future dates. No hard and fast rule accompanies the reference to removal or compliance. This zone case is an attempt to rezone and achieve compliance versus removal for this billboard. Lamar has made a commitment to meeting development standards (size, height an setback) as well as installing new monopole structures if any of the cases are approved. The adjacent land uses include: N — playa S — commercial E — commercial W — commercial 454 Regular City Council Meeting May 22, 2003 Page 455 Going back at least twenty years ago, a West 19`h Street Policy was developed by the Planning Commission that included a "strike list" for C-4 cases. During these last twenty years, a significant portion of 19th street west of Loop 289 has been zoned C-4 with ordinances that contain variations of the original strike list, but "billboard" is common to all of them. In the last few years at least two of those ordinances have been modified to allow used vehicle sales that were not allowed in the original strike list. Initially, Lamar requested that a Specific Use permit allow the board to remain "as is". The current structure is built on power poles and is two Oboards side by side, creating a total greater than square feet of area. C-4 boards are allowed to be a maximum of 300 square feet. Lamar has provided a commitment to replace the board with a new monopole structure and meet the setback and size requirements to the greatest extent available. Comprehensive Land Use Plan Policy states: "commercial land uses (i.e. C-4 heavy commercial) which serve a city-wide or regional market shall be located on regional thoroughfares or expressways". Since the 19th is a regional thoroughfare, consideration of the C-4 may be in order after review of the 19`h Street policy discussed above. The request is filed as Specific Use because the Lamar cannot meet one C-4 criteria for billboards: • If the 43-foot setback noted above is met, the board may be within the eighty (80) feet from any residentially zoned property line not allowed in C-4. The C-4 Specific Use listing for billboard does permit the reduction in separation to residential. The staff encouraged discussion based on the combination of background of the sign ordinance and if the request is legitimate with regard to the Comprehensive Land Use Plan policy for C-4 uses. Although the case is recommended, several Planning Commission members are of the opinion that the original amortization date should be upheld and that providing for the continuance of the billboard should not be permitted. The Planning Commission recommended approval of the request as C-4 Specific Use and all unconditionally permitted C-3 uses (the current zoning) request includes five conditions: 1. Update of the structure to a monopole steel structure. 2. Constructing a billboard at the maximum of 300 square feet. 3. Meeting the front setback (43 feet) required for billboards in the C-4 District. 4. Allowance within the Specific Use Permit for less than 80 feet of setback from residential zoned property. 5. Reconstruction shall be accomplished by February 1, 2003. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Hernandez, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2003-00055 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Council Member Martin voted Nay. (38.) Ordinance No. 2003-00056-ZONE CASE NO. 2191-E (6410 191h Street): Hold a public hearing to continued request of Lamar Outdoor Advertising for a zoning change from C-3 to C-4 Specific Use limited to a billboard and all unconditionally permitted C-3 uses to allow an existing off -premise sign on a portion of an unplatted tract of land out of Section 9, Block JS, . 455 Regular City Council Meeting May 22, 2003 Page 456 ORDINANCE NO. 2003-00056 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2191-E; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE FOR A BILLBOARD ON AN UNPLATTED TRACT OF LAND OUT OF SECTION 9, 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 10:38 a. in. Shirley Schleuse, Vice President/General Manager of the Lubbock Division of Lamar Outdoor Advertising, Mike Webster, Lamar Outdoor Advertising and Gerald Northcutt appeared on behalf of Lamar Outdoor Advertising. Mary Vines, 3103 — 25a' appeared in opposition. Mayor McDougal closed the hearing at 10:54 a. in. The request proposes that a nonconforming billboard become a permitted use on a parcel on the north side of 19t' Street adjacent and east of the intersection of Milwaukee. The structure remains as a nonconforming use established prior to adoption of the current zoning code in 1975 and subsequent legal agreements. Five zone cases filed for this agenda represent all but one of the signs requiring zoning approval to remain or having to be removed by February 2002 per an agreed court order from 1986 (outlined in more detail below). Various time and process issues have caused the delay until this agenda. When the 1975 ordinance was passed, billboards as a land use were placed in two districts: • 300 square foot boards are allowed in C-4. • 750 square foot boards are allowed in M-1. Billboards are not treated as a sign on property but as a permitted land use. Thus, a C-4 designation is needed on this property to make the billboard a conforming use. The 1975 ordinance provided a 6.5-year period that allowed nonconforming signs to remain, referred to as an abatement period. The legal function of abatement allows the value of the sign to be amortized as a business expense before having to be either removed or brought into compliance. In the case of billboards, the time frame incorporated into the Zoning Ordinance 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 be amortized and come down by 1982: 1. The billboard related section of the 1975 zoning ordinance was challenged in 1400' State District Court, the Seventh Court of Appeals in Amarillo, the Texas Supreme Court, then to the Federal Supreme Court because of the restriction of the use to C-4 and M Districts. The challenge was based on freedom of speech, the takings clause, public safety issues and other items of law. The Lubbock 140'h District Court and the 7th Court of Civil Appeals upheld the new ordinance as a valid function of land use regulation. The Texas Supreme Court and the U.S. Supreme Court denied certiorari, which in effect means that the original State Court findings became law. While Lubbock is no longer at the forefront of sign and billboard regulation, 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 ordinance as the basis for their original content. 2. In about 1985, the state legislature enacted law that created another round of possible litigation. The legislation required creation of a special municipal sign control board that had the responsibility of 456 Regular City Council Meeting May 22, 2003 Page 457 determining value and the "entire useful life" 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. In 1986 the Municipal Board of Sign Control and Lubbock Outdoor (the original company later owned by Martin Outdoor and now by Lamar) agreed to a settlement regarding the existing signs and when they would be removed. The term "entire useful life" added many years to the length of time various signs would be in place, versus the original 6.5 years time frame. The Court order attached the agreement as what are termed the "stipulations". The Stipulations indicated which billboards were legal at the time (the number that remained legal was 40), nonconforming but would be made conforming or taken down immediately, and which boards would be taken down or made conforming in future years. The future groups of boards were included: 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) As noted, the removal date for the sign in question was February 28, 2002. The stipulations indicate 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. The staff requested Lamar to provide a list of billboards for which they planned to file zone or ZBA cases to allow the use to continue and which structures were going to be removed. That list was submitted in September 2002. The Stipulations indicate that either removal or compliance is an acceptable resolution. A lot of discussion has surrounded the "compliance" part of the settlement. The Planning staff is of the opinion that the reference to compliance indicated that a meaningful discussion could occur regarding the status of each sign at the end of the amortization period, whether or not the billboard would be and acceptable use under the standards and policies in place at those future dates. No hard and fast rule accompanies the reference to removal or compliance. This zone case is an attempt to rezone and achieve compliance versus removal for this billboard. Lamar has made a commitment to meeting development standards (size, height an setback) as well as installing new monopole structures if any of the cases are approved. The adjacent land uses include: N — playa S — commercial E — commercial W — commercial Going back at least twenty years ago, a West 190' Street Policy was developed by the Planning Commission that included a "strike list' for C-4 cases. During these last twenty years, a significant portion of 19th street west of Loop 289 has been zoned C-4 with ordinances that contain variations of the original strike list, but "billboard" is common to all of them. In the last few years at least two of those ordinances have been modified to allow used vehicles sales that were prohibited by the original strike list. Initially, Lamar requested that a Specific Use permit allow the board to remain "as is". The current structure is built on power poles and is two boards side by side, creating a total of 600 square feet of area. C-4 boards are allowed to be a maximum of 300 square feet. Lamar has provided a commitment to replace the board with a new monopole structure and meet the setback and 300 square foot size requirement. 457 Regular City Council Meeting May 22, 2003 Page 458 Comprehensive Land Use Plan Policy states: "commercial land uses (i.e. C-4 heavy commercial) which serve a city-wide or regional market shall be located on regional thoroughfares or expressways". Since the 19th is a regional thoroughfare, consideration of the C-4 may be in order after review of the 19`h Street policy discussed above. The request is filed as Specific Use because the Lamar cannot meet one C-4 criteria for billboards: If the 43-foot setback noted above is met, the board will be within the eighty (80) feet from any residentially zoned property line not allowed in C-4. The C-4 Specific Use listing for billboard does permit the reduction in separation to residential. The staff encouraged discussion based on the combination of the sign ordinance and if the request is legitimate with regard to the Comprehensive Land Use Plan policy for C-4 uses. Although the case is recommended, several Planning Commission members are of the opinion that the original amortization date should be upheld and that providing for the continuance of the billboard should not be permitted. The Planning Commission recommended the request for approval of the C-4 Specific Use and all unconditionally permitted C-3 uses (the current zoning) five conditions: 1. Update of the structure to a monopole steel structure. 2. Constructing a billboard at the maximum of 300 square feet. 3. Meeting the front setback (43 feet) required for billboards in the C-4 District. 4. Allowance within the Specific Use Permit for less than 80 feet of setback from a residential zoned district. 5. Reconstruction shall be completed by February 1, 2004. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Hernandez, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2003-00056 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Council Member Martin voted Nay. (39.) Ordinance No. 2003-00057-ZONE CASE NO. 2964 (5111 29'h Drive): Hold a public hearing to continued request of Lamar Outdoor Advertising for a zoning change from C-3 to C-4 Specific Use limited to a billboard and all unconditionally permitted C-3 uses to allow an existing off -premise sign on a portion of an unplatted 8.64-acre tract of land out of Section 17, Block B. ORDINANCE NO. 2003-00057 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2964; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE FOR A BILLBOARD ON AN UNPLATTED 8.64 ACRE TRACT OF LAND OUT OF SECTION 17, BLOCK B, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:38 a. in. Shirley Schleuse, Vice President/General Manager of the Lubbock Division of Lamar Outdoor Advertising, Mike Webster, Lamar Outdoor Advertising and Gerald Northcutt appeared on behalf of Lamar Outdoor Advertising. Mary Vines, 3103 — 25`h appeared in opposition. Mayor McDougal closed the hearing at 10:54 a. in. 458 Regular City Council Meeting May 22, 2003 Page 459 The request proposes that a nonconforming billboard become a permitted use on a parcel on the north side of Brownfield Highway at the intersection of 29 h Drive. The parcel is zoned Interstate Commercial. The structure remains as a nonconforming use established prior to adoption of the current zoning code in 1975 and subsequent legal agreements. Five zone cases filed for this agenda represent all but one of the signs requiring zoning approval to remain or having to be removed by February 2002 per an agreed court order from 1986 (outlined in more detail below). Various time and process issues have caused the delay until this agenda. When the 1975 ordinance was passed, billboards as a land use were placed in two districts: • 300 square foot boards are allowed in C-4. • 750 square foot boards are allowed in M-1. Billboards are not treated as a sign on property but as a permitted land use. Thus, a C-4 designation is needed on this property to make the billboard a conforming use. The 1975 ordinance provided a 6.5-year period that allowed nonconforming signs to remain, referred to as an abatement period. The legal function of abatement allows the value of the sign to be amortized as a business expense before having to be either removed or brought into compliance. In the case of billboards, the time frame incorporated into the Zoning Ordinance 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 be amortized and come down by 1982: 1. The billboard related section of the 1975 zoning ordinance was challenged in 140t' State District Court, the Seventh Court of Appeals in Amarillo, the Texas Supreme Court, then to the Federal Supreme Court because of the restriction of the use to C-4 and M Districts. The challenge was based on freedom of speech, the takings clause, public safety issues and other items of law. The Lubbock 140'' District Court and the 7th Court of Civil Appeals upheld the new ordinance as a valid function of land use regulation. The Texas Supreme Court and the U.S. Supreme Court denied certiorari, which in effect means that the original State Court findings became law. While Lubbock is no longer at the forefront of sign and billboard regulation, 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 ordinance as the basis for their original content. 2. In about 1985, the state legislature enacted law that created another round of possible litigation. The legislation required creation of a special municipal sign control board that had the responsibility of determining value and the "entire useful life" 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. In 1986 the Municipal Board of Sign Control and Lubbock Outdoor (the original company later owned by Martin Outdoor and now by Lamar) agreed to a settlement regarding the existing signs and when they would be removed. The term "entire useful life" added many years to the length of time various signs would be in place, versus the original 6.5 years time frame. The Court order attached the agreement as what are termed the "stipulations". The Stipulations indicated which billboards were legal at the time (the number that remained legal was 40), nonconforming but would be made conforming or taken down immediately, and which boards would be taken 459 Regular City Council Meeting May 22, 2003 Page 460 down or made conforming in future years. The future groups of boards were included: 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) As noted, the removal date for the sign in question was February 28, 2002. The stipulations indicate 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. The staff requested Lamar to provide a list of billboards for which they planned to file zone or ZBA cases to allow the use to continue and which structures were going to be removed. That list was submitted in September 2002. The Stipulations indicate that either removal or compliance is an acceptable resolution. A lot of discussion has surrounded the "compliance" part of the settlement. The Planning staff is of the opinion that the reference to compliance indicated that a meaningful discussion could occur regarding the status of each sign at the end of the amortization period, whether or not the billboard would be an acceptable use under the standards and policies in place at those future dates. No hard and fast rule accompanies the reference to removal or compliance. This zone case is an attempt to rezone and achieve compliance versus removal for this billboard. Lamar has made a commitment to meeting development standards (size, height an setback) as well as installing new monopole structures if any of the cases are approved. The adjacent land uses include: N — commercial S — commercial E — commercial W - commercial Comprehensive Land Use Plan Policy states: "commercial land uses (i.e. C-4 heavy commercial) which serve a city-wide or regional market shall be located on regional thoroughfares or expressways". Since the future Marsha Sharp Freeway is a regional thoroughfare, and this IHC parcel is within the new corridor, consideration of the C-4 request may be in order. The recent zoning of the Freeway corridor with Interstate Commercial suggests a policy discussion regarding the intent of the Commission and City Council to have the new freeway free of the visual effect that billboards create. The staff encouraged discussion based on the combination of the sign ordinance and if the request is legitimate with regard to the Comprehensive Land Use Plan policy for C-4 uses. Although the case is recommended, several Planning Commission members are of the opinion that the original amortization date should be upheld and that providing for the continuance of the billboard should not be permitted. The Planning Commission recommended approval of the request subject to the following conditions: 1. Update of the structure to a monopole steel structure. 2. Constructing a billboard at the maximum of 300 square feet. 3. Meeting the front setback (43 feet) required for billboards in the C-4 District. 4. Lamar must provide a date with which the billboard will be brought into compliance prior to the City Council meeting. 5. Reconstruction shall be completed by February 1, 2004. Staff recommended approval of this ordinance. Ee Regular City Council Meeting May 22, 2003 Page 461 Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Hernandez, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2003-00057 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Council Member Martin voted Nay. (40.) Ordinance No. 2003-00058 -ZONE CASE NO. 2965 (3107 Clovis Road): Hold a public hearing to continued request of Lamar Outdoor Advertising for a zoning change from C-3 to C-4 Specific Use limited to a billboard and all unconditionally permitted C-3 uses to allow an existing off -premise sign on Lot 25, Block 3. ORDINANCE NO.2003-00058 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2965; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE FOR A BILLBOARD AND ALL UNCONDITIONALLY PERMITTED C-3 USES ON LOT 25, BLOCK 3, RICELAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:38 a. m. Shirley Schleuse, Vice President/General Manager of the Lubbock Division of Lamar Outdoor Advertising, Mike Webster, Lamar Outdoor Advertising and Gerald Northcutt appeared on behalf of Lamar Outdoor Advertising. Mary Vines, 3103 — 25th appeared in opposition. Mayor McDougal closed the hearing at 10:54 a. in. The request proposes that a nonconforming billboard become a permitted use on a parcel on the south side of the Clovis Highway between Flint and Hartford Avenues. The structure remains as a nonconforming use established prior to adoption of the current zoning code in 1975 and subsequent legal agreements. Existing zoning is C-3. The Clovis Highway is a mixture of both C-3 and C-4 along the south boundary. Five zone cases filed for this agenda represent all but one of the signs requiring zoning approval to remain or having to be removed by February 2002 per an agreed court order from 1986 (outlined in more detail below). Various time and process issues have caused the delay until this agenda. When the 1975 ordinance was passed, billboards as a land use were placed in two districts: • 300 square foot boards are allowed in C-4. • 750 square foot boards are allowed in M-l. Billboards are not treated as a sign on property but as a permitted land use. Thus, a C-4 designation is needed on this property to make the billboard a conforming use. The 1975 ordinance provided a 6.5-year period that allowed nonconforming signs to remain, referred to as an abatement period. The legal function of abatement allows the value of the sign to be amortized as a business expense before having to be either removed or brought into compliance. In the case of billboards, the time frame incorporated into the Zoning Ordinance 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 be amortized and come down by 1982: 1. The billboard related section of the 1975 zoning ordinance was challenged in 140`h State District Court, the Seventh Court of Appeals in Amarillo, the Texas Supreme Court, then to the Federal Supreme Court because of the restriction of the use to C-4 and M Districts. The challenge was based on freedom of speech, the takings clause, public 461 Regular City Council Meeting May 22, 2003 Page 462 safety issues and other items of law. The Lubbock 140`h District Court and the 7th Court of Civil Appeals upheld the new ordinance as a valid function of land use regulation. The Texas Supreme Court and the U.S. Supreme Court denied certiorari, which in effect means that the original State Court findings became law. While Lubbock is no longer at the forefront of sign and billboard regulation, 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 ordinance as the basis for their original content. 2. In about 1985, the state legislature enacted law that created another round of possible litigation. The legislation required creation of a special municipal sign control board that had the responsibility of determining value and the "entire useful life" 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. In 1986 the Municipal Board of Sign Control and Lubbock Outdoor (the original company later owned by Martin Outdoor and now by Lamar) agreed to a settlement regarding the existing signs and when they would be removed. The term "entire useful life" added many years to the length of time various signs would be in place, versus the original 6.5 years time frame. The Court order attached the agreement as what are termed the "stipulations". 3. The Stipulations indicated which billboards were legal at the time (the number that remained legal was 40), nonconforming but would be made conforming or taken down immediately, and which boards would be taken down or made conforming in future years. The future groups of boards were included: 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) As noted, the removal date for the sign in question was February 28, 2002. The stipulations indicate 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. The staff requested Lamar to provide a list of billboards for which they planned to file zone or ZBA cases to allow the use to continue and which structures were going to be removed. That list was submitted in September 2002. The Stipulations indicate that either removal or compliance is an acceptable resolution. A lot of discussion has surrounded the "compliance" part of the settlement. The Planning staff is of the opinion that the reference to compliance indicated that a meaningful discussion could occur regarding the status of each sign at the end of the amortization period, whether or not the billboard would be an acceptable use under the standards and policies in place at those future dates. No hard and fast rule accompanies the reference to removal or compliance. This zone case is an attempt to rezone and achieve compliance versus removal for this billboard. Lamar has made a commitment to meeting development standards (size, height an setback) as well as installing new monopole structures if any of the cases are approved. Lamar requests that a C-4 Specific Use Permit be approved for the board to meet size and height requirements of C-4 and that the structure be a new monopole. 462 Regular City Council Meeting May 22, 2003 Page 463 The adjacent land uses include: N — Clovis Highway S — residential E — commercial W — commercial Comprehensive Land Use Plan Policy states: "commercial land uses (i.e. C-4 heavy commercial) which serve a city-wide or regional market shall be located on regional thoroughfares or expressways". Since the Clovis is a regional thoroughfare, consideration of the C-4 is in order. The request is filed as Specific Use because the Lamar cannot meet one C-4 criteria for billboards: • If the 43-foot setback noted above is met, the board may be within the eighty feet from any residentially zoned property line not allowed in C-4. The C-4 Specific Use listing for billboard does permit the reduction in separation to residential. The staff encouraged discussion based on the combination of the sign ordinance and if the request is legitimate with regard to the Comprehensive Land Use Plan policy for C-4 uses. Although the case is recommended, several Planning Commission members are of the opinion that the original amortization date should be upheld and that providing for the continuance of the billboard should not be permitted. The Planning Commission recommended approval of the request subject to the following conditions: 1. Update of the structure to a monopole steel structure. 2. Constructing a billboard at the maximum of 300 square feet. 3. Meeting the front setback (43 feet) required for billboards in the C-4 District. 4. Allowance within the Specific Use Permit for less than 80 feet of setback from residential zoned property. 5. Reconstruction shall be completed by February 1, 2004. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Hernandez, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2003-00058 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Council Member Martin voted Nay. The next item considered was Item 45. (41.) Ordinance No. 2003-00050 -ZONE CASE NO. 2271-A (102 and 106 E. Queens Ave. and 1703 and 1705 N. Birch Ave.): Hold a public hearing to consider request of Lloyd Croslin for a zoning change from C-4 to IHI on Lots 1-6, Carter Park Addition. This item was considered following Item 63. ORDINANCE NO. 2003-00050 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2271-A; A ZONING CHANGE FROM C-4 TO IHI ZONING ON LOTS 1-6, CARTER PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:36 a. m. No one appeared on behalf of Lloyd Croslin. No one appeared in opposition. Mayor McDougal closed the hearing at 10:37 a. m. 463 Regular City Council Meeting May 22, 2003 Page 464 The parcel is a remnant of a subdivision block that was "busted" when Loop 289 right-of-way was acquired. The owner of a roofing company to the east is in contract to buy the parcel lot to expand his business. Adjacent land uses: N — a church and residential uses S — Loop 289 E — zoned industrial, occupied by a roofing company W — zoned C-4, vacant The person wanting to buy the property would like to use the area for storage of trucks and business related equipment. The staff proposed Interstate Industrial for the purpose of allowing the business to expand, and the owner would be required to screen any outside storage. Using Interstate Industrial will accomplish both the wants of the new owner and benefit the public by not having open stack areas adjacent to Loop 289. The proposal is consistent with the Comprehensive Land Use Plan and zoning policies. The project will have no effect on the thoroughfare system. The Planning Commission recommended approval of the request subject to the following condition: 1. The screening fence is allowed to be a wood -link fence. Staff recommended approval of this ordinance. Motion was made by Council Member Morrison, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00050 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez had not yet arrived. (42.) Ordinance No. 2003-00051 - ZONE CASE NO. 2934-B (south of 100" Street and West of Homestead Ave.): Hold a public hearing to consider request of Craft Development for a zoning change from R-1 Specific Use to R-1 Specific Use for garden homes mixed with town homes on an unplatted 16.7-acre tract of land out of Section 21, Block AK. ORDINANCE NO.00051 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2934-13; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES MIXED WITH TOWN HOMES ON AN UNPLATTED 16.7 ACRE TRACT OF LAND OUT OF SECTION 21, 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 10:36 a. in. No one appeared on behalf of Craft Development. No one appeared in opposition. Mayor McDougal closed the hearing at 10:37 a. in. The developer recently rezoned the interior portion of this subdivision for a garden home enclave in the interior of a single-family subdivision. As the lots were laid out, his best option to most efficiently use the lots in three of the corners is to construct two -unit town homes with a common wall on the corner lot line to be able to reverse direction of the required ten foot side setback for the garden homes. The property in all directions is zoned residential and yet to be developed by Mr. Craft. The proposal is consistent with the Comprehensive Land Use Plan and zoning policy. The case is essentially a minor correction, as the current zoning allows for the garden home construction but not the three pairs of town homes. Regular City Council Meeting May 22, 2003 Page 465 The proposal will have no effect on the thoroughfare system. The Planning Commission recommended approval of the request subject to the following condition: 1. That the town homes are limited to the six locations on the corners of the two loop streets. The balance of the lots shall be developed as garden homes. Staff recommended approval of this ordinance. Motion was made by Council Member Morrison, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00051 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez had not yet arrived. (43.) Ordinance No. 2003-00052 - ZONE CASE NO. 2719-D (northwest corner of 82°d Street and Waco Ave.): Hold a public hearing to consider request of Jim F. Dailey for Express Car Care for a zoning change from C-2 to C-3 for a quick oil change facility on an unplatted 0.69-acre tract of land out of Section 4, Block E. ORDINANCE NO.2003-00052 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2719-D; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON AN UNPLATTED 0.69 ACRE TRACT OF LAND OUT OF SECTION 4, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:36 a. m. No one appeared on behalf of Jim F. Dailey for Express Car Care. No one appeared in opposition. Mayor McDougal closed the hearing at 10:37 a. M. The property owner is requesting a change from C-2 to C-3 zoning to accommodate a quick oil change facility. Adjacent land use: N — residential S — commercial E — residential W — commercial The request is consistent with the Comprehensive Land Use Plan. This parcel was originally zoned C-2, but would be zoned C-3 under similar circumstances today. Although no anchor store has been constructed on this corner, the original shape and size would have accommodated a small shopping center with common construction. As it has evolved, the land has been developed with a series of freestanding buildings. At least three other zone cases for the C-3 from C-2 have been approved on the corner. The project should have little effect on the thoroughfare system. Mr. Dailey proposed a site plan and construction materials during the Planning Commission meeting. His business plan included servicing large recreation vehicles, and the building is oriented in a manner that the large rigs will be able to pull in and out of the structure. The wall on the east, which is adjacent to Waco and across from duplex -zoned property, will be a brick wall. The Planning Commission recommended approval of the request subject to the following condition: 1. Tied to the proposed site plan and construction materials illustrated in the company brochure. Staff recommended approval of this ordinance. 465 Regular City Council Meeting May 22, 2003 Page 466 Motion was made by Council Member Morrison, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00052 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez had not yet arrived. (44.) Ordinance No. 2003-00053 - ZONE CASE NO. 2973 (north of Erskine St. and east of Chicago Ave.): Hold a public hearing to consider request of Flying W Land Company for a zoning change from R-1 to A-1 Specific Use limited to duplexes on an unpeaated 63-acre tract of land out of Section 6, Block JS. ORDINANCE NO. 2003-00053 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2973; A ZONING CHANGE FROM R-1 TO A-1 SPECIFIC USE FOR DUPLEXES ON AN UNPLATTED 62.23 ACRE TRACT OF LAND OUT OF SECTION 6, 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 10:36 a. in. No one appeared on behalf of Flying W Land Company. No one appeared in opposition. Mayor McDougal closed the hearing at 10:37 a. in. The property owner is in the process of preparing a plat on an 80-acre tract that will accommodate approximately 294 lots, with approximately 253 lots being developed as duplex units. A Specific Use Permit is included to accommodate the setbacks that have become the norm for new development. Adjacent land uses: N — 50-foot power transmission line and vacant single family S — single family E — an apartment zoned parcel south of Harvard and single family north of Harvard W — single family The project is unique in that the request is for A-1 zoning limited to duplex construction. The developer would like to openly address the ability to rent to families as well as single college students and single young professionals. The A-1 zoning will allow for rental of the units without regard to the "not more than two unrelated" that creates an issue in single family and duplex areas elsewhere in town. Since duplex development is considered medium to low density residential development, and the proponent has buffered the perimeter areas of the subdivision on the east and west that are adjacent to existing single family development by leaving lots that are zoned single family either across the street or alley, the request is consistent both the Comprehensive Land Use Plan and zoning policies. The project will not have an effect greater than anticipated on the thoroughfare system. All of the developers in this area are keenly aware of the importance of Erskine being developed to full width in the near future. The Planning Commission recommended approval of the request subject to the following conditions: 1. 20-foot front setback on regular lots. 2. 5-foot minimum setback for cul de sac lots except that drives shall be a minimum of 20 feet. 3. 5-foot minimum setback from side streets on corner lots. KOT41 Regular City Council Meeting May 22, 2003 Page 467 Staff recommended approval of this ordinance. Motion was made by Council Member Morrison, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00053 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez had not yet arrived. The next item considered was Item 36. (45.) Ordinance No. 2003-00059 -ZONE CASE NO. 1977-G (south of 71s, Street and west of Slide Road): Hold a public hearing to consider request of Hugo Reed and Associates, Inc for Craig Wallace Construction for a zoning change from GO to AM for a professional office building with a bank on an unplatted 1.3-acre tract of land out of Section 27, Block E-2. This item was considered following Item 40. ORDINANCE NO. 2003-00059 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1977-G; A ZONING CHANGE FROM GO TO AM ZONING ON AN UNPLATTED 1.3 ACRE TRACT OF LAND OUT OF SECTION 27, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBS ICATION. Mayor McDougal opened the public hearing at 11:06 a. m. Terry Holeman appeared on behalf of Hugo Reed and Associates, Inc. for Craig Wallace Construction and Dr. Mike Rice. No one appeared in opposition. Mayor McDougal closed the hearing at 11:11 a. m. The request would provide for a multistory building that will house a bank and office tenants. The Planning Commission added a Specific Use permit to the motion, and the proposed site plan and generic building elevation will become a part of the ordinance. Savings and loans, including the bank facility, are a listed use in the Specific Use section under AM. The bank facility would not be a permitted use in open AM. The proposed offices are a permitted use in AM. Adjacent land uses: N — single family S — a vacant parcel zoned for a drug store and tied to a site plan E — Slide Road and residential east of Slide W — residential The parcel in question has been a topic of discussion for many years. During the development of the adjacent subdivision, the parcel was a "leave out", with the stated intent of the developer that it would be commercial at some point in the future. From the perspective of the Comprehensive Land Use Plan the parcel is not and never has been illustrated as commercial by policy because it is not located at the corner or two intersecting thoroughfares. At one point, the parcel was zoned for a low -density office park, which was well within the definition of buffer and would have blended well with the residential that surrounds the parcel. Several years ago the owner was in contract with a drug store on the south two-thirds of the parcel. The request was approved by the City Council. During the hearing, the request was not supported by the Planning staff and a number of adjacent property owners. The contract for the sale was never completed and the parcel remains vacant. For any use other than a use comparable to the drug store using exactly the site plan that was approved, a new zone case will be required for that land area. The proposed use of a branch bank with drive through lanes may provide an acceptable use to the adjacent owners. The applicants indicate they have visited with property owners or tenants in the immediate area 467 Regular City Council Meeting May 22, 2003 Page 468 extensively and indicate that a most of the comments have been positive, although several neighbors have expressed concern for the project. The proposal for multi story construction next to the residential did not generate the comments that the staff expected. The design does isolate the building as far from the adjacent residential as possible and the Planning Commission recommended that no windows be allowed on the second and third floors on the north side of the building. The property owner is proposing that the bank/office building have one access point to Slide and access across the adjacent lot to 73`d, which will allow customers to access Slide from the traffic signal at 73`d and Slide Road. The combination should help diminish congestion on Slide. The proposed design will impact Slide Road the least of any possible alternative. The Planning Commission recommended approval of the request as AM Specific Use subject to the following conditions: The Planning Commission recommended approval of the request subject to the following conditions: That there be no windows on the second or third story on the north side of the building. 2. Tied to the proposed site plan and construction materials. As indicated previously, the staff has resisted true commercial on this parcel for the past twenty-five years. If the adjacent residents are generally in favor of the proposed bank/office structure, the AM zoning is a generally accepted buffer district and the staff supports the request as recommended by the Planning Commission. Staff recommended approval of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00059 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (46.) Ordinance No. 2003-0 -ZONE CASE NO. 1542-R (7020 Quaker Ave.): Hold a public hearing to consider request of Commercial Property Services for Hartford Lubbock Limited Partnership for a zoning change from C-2 and C-4 Specific Use to C-3 and C-4 Specific Use to relocate an auto glass shop and to revert the current site to the original zoning on a portion of Lot 1-A-2 and 2-a, Furr Wolf Addition. This item was denied. Mayor McDougal opened the public hearing at 11:12 a. in. Benny Nixon appeared on behalf of Lubbock Parkade. At this time, Mayor McDougal was made aware that he would need to recuse from this item. Mayor Pro Tem Hernandez took over the meeting. Bill Egert appeared in opposition. Mayor Pro Tern Hernandez closed the hearing at 11:21 a. in. The request would relocate a shop specializing in auto glass replacement from a pad in the parking lot to the main line of the shopping center building. Last year, the same zone case was recommended to the City Council by the Planning Commission. The City Council denied the request. Land use is commercial in all directions. The project is reasonably consistent with the Comprehensive Land Use Plan and zoning policies. The Plan suggests that C-4 is best located adjacent to regional highways, which would include the Loop. In addition, the proposal does not include open C-4, but requests a limitation to one entry — "automotive glass shop". While the request was filed as a Specific Use permit, the staff proposed amending the request to "C-4 ME Regular City Council Meeting May 22, 2003 Page 469 limited to an automotive glass shop and all permitted C-3 uses". The site plan usually a part of Specific Use is not an issue in this case. The overhead doors are proposed only on the south wall, not the wall that faces west and is visible from Salem. The second part of the request would rezone the current Specific Use site as C-3 consistent with the balance of the shopping center. The request will not affect the thoroughfare system. In the opinion of the owner of the shopping center, sufficient parking exists on the lot adjacent to the back of the building to accommodate customer vehicles. During the first hearing, the contention was made that the business owner was not in agreement with the move. The staff talked to Mr. Maddox prior to that meeting and he indicated that he was not excited about the move, but he did agree in a contract extension. Mr. Egert signed that same contract. The understanding of the contract history by the staff is that in order to extend the lease period, Mr. Maddox agreed to the condition that allows relocation if the zoning is changed. Otherwise, as staff was informed, the contract would have not been renewed and only several years remained with no renewal clause. In the previous case, a lot of discussion was presented about the effect on the business by the proposed move. The contention is probably true, but such information is not normally included within a zone case consideration, because the contractual relationship of the shopping center tenants is not a zoning issue. The Planning Commission discussed the project at length, and recommended the request from: • C-4 Specific Use to C-3 on the pad site, and; • C-2 to C-4 limited to a glass repair shop and all permitted C-3 uses for the parcel in the shopping center. The Planning Commission recommended approval of the request subject to the following conditions for the C-4 portion of the request: 1. That the use be limited to an automotive glass shop and all permitted C-3 uses. 2. That the two overhead doors be located on the south wall. Staff recommended approval of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Morrison to overrule Planning and Zoning and deny this item. Motion carried: 5 Yeas, 1 Nay. Council Member Gilbreath voted Nay. Mayor McDougal recused himself. (47.) Ordinance No. 2003-00060 - ZONE CASE NO. 2974 (south from the proposed Marsha Sharp Freeway (4th Street) to 7th Street between Ave. E and Ave. G): Hold a public hearing to consider request of Kyle Zahn for a zoning change from IHI to IHI Specific Use for a sales lot on proposed Tract A, Trader's Depot Addition. ORDINANCE NO. 2003-00060 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2974; A ZONING CHANGE FROM IHI TO IHI SPECIFIC USE FOR A SALES LOT ON TRACT A, TRADER'S DEPOT ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Hernandez opened the public hearing at 11:23 a. m. Kyle Zahn and Darrell Bopple appeared on behalf of Traders Depot. No one appeared in opposition. Mayor McDougal closed the hearing at 11:26 a. m. ME Regular City Council Meeting May 22, 2003 Page 470 In March 2003, Mr. Zahn requested closing the right-of-way for streets south of the Marsha Sharp Freeway to 7 h Street and west of the Interstate to Avenue G. The area is a part of the Original Town plat where homes were removed years ago and is substantially vacant except for the buildings and stack lots that were used by Beck Steel. Beck Steel relocated several years ago and Mr. Zahn bought the property as a speculative venture. Mr. Zahn donated one of the large buildings to the Historic Windmill site. Several other of the old Beck buildings remain on the west area of the parcel, most of the city blocks are vacant. The property is currently zoned Interstate Industrial which allows some very heavy uses, but does require outside stack or storage to be screened. Prior to the Interstate Corridor zone case, the area was zoned M-1 (Light Industrial). Mr. Zahn and a group of partners envision using the land for a variety of uses and need the street closure to be able to fence the entire area to prevent vandalism and theft. The City Council balked at the street closure request based on a concern for the future of this intersection as a high profile location integral to both the Interstate and future Marsha Sharp Freeway. Since a flea market previously occupied one of the buildings in the area, and because Mr. Zahn had parked some heavy equipment from his paving business in the area, the City Council indicated a reluctance for approving the closure if the area was going to become something the City would not be proud of at this future prime entrance to the community. The Planning Staff indicated to the Council that a Specific Use Permit might be the tool to allow Mr. Zahn to explain his vision for using the property in the short term while allowing the City Council to retain some review status or oversight for the coming years. Both Mr. Zahn and the City Council members feel that when both freeways are complete, the corner will be a prime target for attractive commercial uses versus the heavier short-term uses Mr. Zahn is proposing. The proposal by Mr. Zahn for the short term will involve a significant amount of construction material and equipment, vehicles and recreational equipment, and bulk goods stored in the open. The site plan indicates an enclosed site with a variety of uses: • A restaurant with an adjacent "rest area" is the main feature on the former 4 h and I-27 corner. • Behind a screening fence along the curve at 4 h Street and 1-27, then along the 1-27 right-of-way, construction materials are proposed in stacks. The current inventory includes bulk sales piles of decorative rock. • Moving west, additional construction materials are displayed in rows, screened from the service road at grade, but the entire parcel is visible from the Interstate. • Continuing west, an area is proposed as a tree sales area. • On the far west of the parcel, consignment sales of heavy equipment, vehicles, boats and other larger items is proposed. • The uses inside the existing buildings is not outlined, but is not as great an interest as the physical layout and type of materials displayed in the open area of the parcel. • At the front of the current building in the northwest corner of the site, an open area for a farmers' market is proposed. One item to keep in mind, all these proposed activities are allowed under the existing IHI zoning if screening is in place. With the closure of the streets, then only the 1-27 right-of-way line on the Interstate side requires the screening fence. 470 Regular City Council Meeting May 22, 2003 Page 471 After a lengthy discussion with the Planning Commission about the concerns of the City Council when the right-of-way closure was initially presented, the Commission agreed that the case should proceed to Council to verify that the concerns of the Council are satisfied by the conditions and the site plan. The proposed use will have a lot of outside stack, with a fence and a restaurant along the north and east side that will block the view from the Interstate. But, the use of the property for the interim will be dominated by outside sales activity. The Planning Commission recommended approval of the request subject to the following conditions: 1. This Specific Use Permit shall be a temporary instrument subject to the discussion and decision outlined in Condition #6. 2. The physical layout and outside display of sales items will remain substantially as indicated on the site plan. 3. The entire parcel shall be maintained free of weeds and trash. 4. No individual vendors will be allowed on the property, items on the parcel for sale as consignment shall be managed by the applicants except to allow a farmer's market. 5. The City Council shall review the operation every three years to verify compliance with the site plan, property maintenance, and status of Marsha Sharp Freeway construction. 6. At a time within three years after one of the review procedures outlined above where the City Council determines that the citizens of Lubbock will be better served by redevelopment of a portion or the entire parcel being redeveloped for commercial versus the outdoor industrial sales areas, the zoning on the area so designated shall revert to Interstate Commercial zoning and all outdoor display shall cease. Staff recommended approval of this ordinance. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00060 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (48.) Ordinance No. 2003-00061 abandoning and closing portions of 5th Street, 6th Street, and Avenue F and alley portions located in or adjacent to Blocks 10, 26, 27, 42, and 43, Original Town Addition to the City of Lubbock (701 5th Street). ORDINANCE NO.2003-00061 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 5TH STREET, 6TH STREET, AVENUE F AND ALLEY PORTIONS LOCATED IN OR ADJACENT TO BLOCKS 10, 26, 27, 42 AND 43, ORIGINAL TOWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a portion of 5th Street and a portion of 6th Street between Avenue E and Avenue G and a portion of Avenue F between 5th Street and 7th Street and the four 20-foot wide north -south alleys in Blocks 26, 27, 42, and 43 of the Original Town Addition. These street and alley areas are being closed for replat purposes by Kyle Zahn for a large flea market and trade center. Mr. Zahn was not the original dedicator of these areas being closed so there will be a charge for them. The total area of these street and alley portions being closed amount to 133,729.20 sq. ft. and this area has been appraised at $00.30 per sq. ft. for a total of $40,118.76. In the replat, these street and alley areas being closed will remain as easements for drainage and utilities so the charge for 471 Regular City Council Meeting May 22, 2003 Page 472 these areas being closed will be 50% of $40,118.76 or $20,059.38 due the City. The City of Lubbock's Planning and Zoning Commission on May 1, 2003 approved the zone case for Mr. Zahn's property and this zone case is being placed before the City Council on May 22 for the Council's approval. Right -of -Way Department recommended the approval of the first reading of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00061 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 71. 12:30 P.M. SPECIAL (49.) Hold a public hearing to consider City Council approval of amendments to the North Overton District Tax Increment Financing Reinvestment Zone Project Plan and to the Finance Plan as approved by the North Overton TIF Board of Directors. This item was considered following Item 72. Council Member Patterson opened the public hearing at 12:30 p. in. No one appeared on behalf of the North Overton District Tax Increment Financing Reinvestment Zone Project Plan. No one appeared in opposition. Council Member Patterson closed the hearing at 12:31 p. in. Section 311. 011(e) of the Tax Increment Financing Act allows the board of directors of the zone to adopt an amendment to the project plan at any time. The amendment takes effect on approval of the Ordinance by the governing body. Since this amendment increases the amount of bonded indebtedness to be incurred and increases the total estimated project costs, a public hearing must be held. Approval of the ordinance must be after the public hearing. (50.) Ordinance No. 2003-00062 approving the amended North Overton District Tax Increment Finance Reinvestment Zone Project Plan and Finance Plan as adopted by the Board of Directors of the North Overton Tax Increment Financing Reinvestment Zone. ORDINANCE NO. 2003-00062 AN ORDINANCE APPROVING THE AMENDED NORTH OVERTON DISTRICT TAX INCREMENT FINANCE REINVESTMENT ZONE PROJECT PLAN AND FINANCE PLAN AS ADOPTED BY THE BOARD OF DIRECTORS OF THE NORTH OVERTON TAX INCREMENT FINANCING REINVESTMENT ZONE. The City Council created the North Overton Tax Finance Reinvestment Zone (TIF) and appointed the TIF Board on March 14, 2002. Based on current sales and construction activity in Overton Park, the McDougal Companies (Developer) have increased their projections of the scope of new construction projects. With this new information, at their May 8, 2003 meeting, the members of the TIF Board adopted an amended Finance Plan and Project Plan and submitted it to the City Council for approval. The Finance Plan shows an estimated captured value of $218.7 million. The Project Plan illustrates public improvements totaling $17.76 million. Copies of the amended Finance Plan and Project Plan were provided in council backup. The TIF Board and City staff recommended approval of this ordinance. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass on first reading Ordinance No. 2003-00062 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Council Member Hernandez recused themselves. 472 Regular City Council Meeting May 22, 2003 Page 473 12:32 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 2:19 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers All council members were present, except Council Member Morrison. FINANCE (51.) ORDINANCE 2003-00044 amending the Budget FY 2002-03. ORDINANCE NO.2003-00044 AN ORDINANCE MAKING CHANGES IN THE FY 2002-03 CITY OF LUBBOCK BUDGET FOR GOVERNMENTAL PURPOSES. Staff presented the Revised Budget for fiscal year 2002-03 for the General Fund and Enterprise Funds as well as Capital Projects during the City Council Work Session on May 6-7, 2003. A summary overview by fund was provided. Staff recommended approval of this ordinance. Motion was made by Council Member Hernandez, seconded by Council Member Gilbreath to pass on second and final reading of Ordinance No. 2003-00044 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (52.) Resolution No. 2003-RO203 approving and authorizing publication of "Notice of Intention to Issue" and "Notice of Sale" of Tax & Tax Increment Revenue Certificates of Obligation, Series 2003 (North Overton Tax Increment Finance Reinvestment Zone) in an amount not to exceed $3,800,000. RESOLUTION NO.2003-RO203 A RESOLUTION approving and authorizing publication of (i) notice of intention to issue tax increment financing certificates of obligation and (ii) notice of sale with respect to such certificates of obligation. WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (a) the construction of public works in North Overton Tax Increment Financing Reinvestment Zone, City of Lubbock, to wit: water and sewer improvements and extensions and street improvements, including sidewalks, street lighting, landscaping, street furniture and utility relocations and (b) professional services rendered in relation to such projects and the financing thereof, and WHEREAS, the City has determined to take bids for the purchase of such certificates of obligations and prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time provided by law and to publish a notice of sale with respect thereto in accordance with the provisions of the City's Charter; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $3,800,000 for the purpose of paying contractual obligations to be incurred for (a) the construction of public works in North Overton Tax Increment Financing Reinvestment Zone, City of Lubbock, to wit: water and sewer improvements and extensions and street improvements, including sidewalks, street lighting, landscaping, street furniture and utility relocations and (b) professional services rendered in relation to such projects and the financing thereof, such certificates to be payable from ad valorem taxes and from a lien on and pledge of tax increment revenues on deposit in the tax increment fund established for North Overton Tax Increment Financing Reinvestment Zone, City of Lubbock, Texas. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen 473 Regular City Council Meeting May 22, 2003 Page 474 (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 2: The City Secretary is hereby authorized and directed to cause a notice relating to the sale of certificates of obligation to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 3: It is officially found, determined, and declared the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND APPROVED, this May 22, 2003. CITY OF LUBBOCK, TEXAS /S/ MARC MCDOUGAL Mayor ATTEST: /s/ Rebecca Garza City Secretary A copy of the Exhibit "A" and Exhibit `B" is filed with Resolution No. 2003-R0203. The proceeds from the sale of this bond issuance will be used for the purpose of street improvements, land acquisition, drainage, utilities, signage, lighting, curbs, gutters, landscaping, park improvements and storm sewer improvements. The projects tentatively scheduled to be funded are: Funded by 2003 CO: North Overton Redevelopment Phase I, $ 920,000 North Overton Redevelopment Phase 1, Project 2 $1,645,000 North Overton Redevelopment Phase I, Project 3 $1,235,000 This project will provide for engineering design, construction, labor and materials to revise existing facilities in the North Overton Redevelopment Project. The design and construction of public improvements will include items such as street reconstruction, street lighting, landscaping, street furniture, sidewalks, and water/wastewater replacement and relocation. Currently existing electric services in this addition are served by an overhead distribution system. Proposed alleyway and street closures will require the relocation of the existing distribution system and customer services. Distribution feeder lines and new underground distribution systems will be required within this new redevelopment area As this action is the first necessary step to proceed with a bond issuance, staff recommended passage of these resolutions. Pricing date is set for July 22, 2003. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to pass Resolution No. 2003-R0203 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. 474 Regular City Council Meeting May 22, 2003 Page 475 Mayor McDougal and Council Member Hernandez recused themselves. Council Member Morrison arrived. (53.) Resolution No. 2003-RO204 declaring expectation to reimburse expenditures for costs of public works projects in the North Overton Area Tax Increment Financing Reinvestment Zone with proceeds of future debt in an amount not to exceed $3,800,000. RESOLUTION NO.2003-RO204 RESOLUTION DECLARING EXPECTATION TO EIMBURSE EXPENDITURES FOR COSTS OF PUBLIC WORKS PROJECTS IN THE NORTH OVERTON AREA TAX INCREMENT FINANCING REINVESTMENT ZONE WITH PROCEEDS OF FUTURE DEBT. STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "City") plans to issue tax exempt obligations to finance the costs of public works projects in North Overton Area Tax Increment Financing Reinvestment Zone, City of Lubbock, Texas to wit: street impro9vements, including land acquisition, drainage, utilities, signage, lighting, curbs, gutters, landscaping, park improvements and storm sewer improvements (collectively, the "Projects"); and WHEREAS, prior to the issuance of such obligations, the City will make expenditures for the Projects from existing funds on hand, and it is the intent of the City to reimburse such funds with proceeds of sale of such obligations; and WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), an official intent to reimburse expenditure with the proceeds of tax exempt obligations must be made within 60 days of the date of the original expenditure; and WHEREAS, the City desires to preserve its ability to reimburse the expenditures with proceeds of tax-exempt obligations. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS THAT the City reasonably expects to reimburse capital expenditures with respect to the Projects with funds on hand from the proceeds of sale of tax exempt obligations hereafter to be issued, and 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 $3,800,000. CA Irk Regular City Council Meeting May 22, 2003 Page 476 Passed by the City Council this 22nd day of May 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Finance Director APPROVED AS TO FORM: /s/ Don Vandiver Don G. Vandiver, Assistant City Attorney A copy of the Exhibit "A" and Exhibit "B" is filed with Resolution No. 2003-R0204. The City of Lubbock plans to issue tax exempt obligations to finance the costs of public works projects in North Overton Area Tax Increment Financing Reinvestment Zone for the purpose of street improvements, including land acquisition, drainage, utilities, signage, lighting, curbs, gutters, landscaping, park improvements and storm sewer improvements ("Projects"). Prior to the issuance of these obligations, the City will make expenditures for the Projects from existing funds on hand, and it is the intent of the City to reimburse such funds with the proceeds of sale of such obligations. The bond proceeds are expected to be delivered within the 2002-2003 fiscal year. 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. Staff recommended approval of this resolution to reimburse no more than $3,800,000. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2003-RO204 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Council Member Hernandez recused themselves. The next item considered was Item 55. (54.) Resolution No. 2003-RO213 approving and authorizing publication of notice of sale with respect to General Obligation Bonds, Series 2003 in an amount not to exceed $11,885,000. This item was considered following Item 62. RESOLUTION NO. 2003-RO213 A RESOLUTION approving and authorizing publication of notice of sale with respect to general obligation bonds. WHEREAS, the City Council of the City of Lubbock, Texas, has determined to issue and take bids for the purchase of general obligation bonds in the principal amount of $11,885,000 and, in accordance with the provisions of the City's Charter, the sale of such bonds is to be advertised in a newspaper once a week for a period of 30 days; now, therefore, 476 Regular City Council Meeting May 22, 2003 Page 477 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause a notice of sale relating to the sale of general obligation bonds to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, _. place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 3: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND APPROVED, this May 22, 2003. CITY OF LUBBOCK, TEXAS /S/ MARC MCDOUGAL Mayor ATTEST: /s/ Rebecca Garza City Secretary A copy of the Exhibit "A" is filed with Resolution No. 2003-R0213. The bonds represent the fourth issuance of debt as approved in an election held on September 18, 1999. The amount of bonds approved in the _Y election was $37,385,000. This is the fourth and final installment of the voter approved debt and is not expected to increase the tax rate. The available capacity is estimated at $11,885,000 for the 2002-03 fiscal year. The projects tentatively scheduled to be funded include the following: PARKS FROJECTJ Funded by 2003 GO: Park Benches/Seating Area $ 127,600 This project will provide for 66 benches throughout the parks to allow for passive recreation and serve as functional viewing for playgrounds and activity areas. Funded by 2003 GO: Canyon Lakes Dam #4 $2,043,950 This project will provide for Dam #4 to impound water to more fully develop the Canyon Lakes System. This dam is needed to assure a continuous, navigable body of water between North Loop 289 and Interstate 27. This project will construct and dam with excavations to the stream bed to provide adequate water below Dam #3 to allow for navigation, ties to existing trails in Aztlan Park, realignment of roads and modest landscaping. Funded by 2003 GO: Irrigation/Lighting $2,179,600 This project will provide for the centralized automation and operation of automatic irrigation systems and lighting throughout the City's park system. Centralized control of systems operation will improve efficiency of operation by allowing for rapid adjustment to plant water requirements resulting from daily weather conditions and by reporting changes in 477 Regular City Council Meeting May 22, 2003 Page 478 electrical demand resulting from faulty lighting fixtures. This reduces overtime needed to readjust time clocks in the field as well as monitoring system performance and automatically halting the operation of damaged systems thus saving water. The existing manual irrigation systems will be replaced with automated systems. Automation of the lighting system will reduce time needed to check individual light fixtures and will better indicate faulty systems resulting in more timely and responsive maintenance. More cost-efficient lighting schedules will also be able to be coordinated with the automated system. STREETS PROJECTS Funded by 2003 GO: Various State -Federal Match $3,110,993 Local matching funds necessary to qualify for Federal & State funding on transportation projects. Local match typically consists of 100% of right-of-way costs and 20% of design and construction costs. These funds will be used on an as -needed basis as projects come up. Funded by 2003 GO: Drainage Improvements $ 122,894 Construction of various drainage improvement needs throughout the City. Funded by 2003 GO: 981h Street: Frankford Ave. to Slide Rd. $3,165,000 This project provides for the construction of this T-2 thoroughfare street (88 feet wide) from Frankford Avenue to Slide Road. The completed project will provide for 3 lanes of traffic in each direction plus a continuous left turn lane. TRAFFIC CONTROL PROJECTS Funded by 2003 GO: Computer system design $ 939,963 This project consists of design and construction of central traffic computer hardware, software and communications for replacement of the existing system with new equipment and methods. This system will improve the ability to monitor existing signalized intersections, respond to malfunctions sooner and will begin replacing existing electronics before they fail (they have already exceeded their design life). This will also allow new controllers to communicate with the new traffic computer system in an efficient and dependable manner. The communications replacements will be based on the City's communications master plan. Funded by 2003 GO: Traffic Signal new locations $ 195,000 These are locations that will warrant a new signal, major modification to an existing signal and/or school flashing zone beacons. Any excess bond proceeds and all interest on unexpended bond proceeds will be reserved and allocated only to other qualifying bond projects as approved by City Council. Cost of issuance is budgeted to be paid out of interest earned on bond proceeds. As this action is the first necessary step to proceed with a bond issuance, staff recommended passage of these resolutions. Pricing date is set for July 22, 2003. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to pass Resolution No. 2003-R0213 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Gilbreath recused himself. The next item considered was Item 64. 478 Regular City Council Meeting May 22, 2003 Page 479 (55.) Resolution No. 2003-RO205 approving and authorizing publication of "Notice of Intention to Issue" and "Notice of Sale" of Combination Tax & Municipal Drainage Utility System Surplus Revenue Certificates of Obligation, Series 2003 in an amount not to exceed $40,135,000. This item was considered following Item 53. RESOLUTION NO.2003-RO205 A RESOLUTION approving and authorizing publication of (i) notice of intention to issue drainage utility system certificates of obligation and (ii) notice of sale with respect to such certificates of obligation. WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) drainage improvements, including the acquisition, construction and repair of structures, equipment and facilities for the City's Municipal Drainage Utility System, and (ii) professional services rendered in connection with such project and the financing thereof; and WHEREAS, the City has determined to take bids for the purchase of such certificates of obligations and prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time provided by law and to publish a notice of sale with respect thereto in accordance with the Provisions of the City's Charter; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $40,135,000 for the purpose of paying contractual obligations to be incurred for (i) drainage improvements, including the acquisition, construction and repair of structures, equipment and facilities for the City's Municipal Drainage Utility System, and (ii) professional services rendered in connection with such project and the financing thereof, such certificates to be payable from ad valorem taxes and a lien on and pledge of the net revenues of the City's Solid Waste Disposal System. The notice hereby approved and authorized to be given shall read substantially in the fora and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 2: The City Secretary is hereby authorized and directed to cause a notice relating to the sale of certificates of obligation to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 3: It is officially found, determined, and declared the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. 479 Regular City Council Meeting May 22, 2003 Page 480 PASSED AND APPROVED, this May 22, 2003. CITY OF LUBBOCK, TEXAS /S/ MARC MCDOUGAL Mayor ATTEST: /s/ Rebecca Garza City Secretary A copy of the Exhibit "A" and Exhibit "B" is filed with Resolution No. 2003-R0205. The proceeds from the sale of this bond issuance will be used for improvements to the City's Stormwater Drainage System and to pay costs associated with issuance of these bonds. The projects tentatively scheduled to be funded are: Funded by 2003 CO: South Central Drainage Project $4,000,000 This project will provide for the cost of design and construction of a flood relief project for Clapp park and the four playa lakes immediately upstream. Phase II of this project will provide funding for the detailed design and construction of the project. The project will consist of an outfall storm sewer from Clapp park to the Canyon and a series of upstream storm sewers that will provide various levels of flood protection around the four playa lakes involved in this project. Funded by 2003 GO: South Lubbock Storm Sewer Project $35,500,000 This project will provide for the cost of design and construction of a flood relief project for South Lubbock's chain of playa lakes. This project will provide funding for the detailed design and construction of the project. The project will consist of an outfall storm sewer to the Canyon and a series of upstream storm sewers that will provide various levels of flood protection around the twelve playa lakes involved in this project. As this action is the first necessary step to proceed with a bond issuance, staff recommended passage of these resolutions. Pricing date is set for July 22, 2003. Funded by 2003 Rev: 82"d Street Transmission Rebuild $ 300,000 This project will provide funds to rebuild and upgrade an existing 5 miles of 69KV transmission line between Cooke Station and Oliver Substation. Load flow studies indicate that under certain outage conditions this line may become overloaded and adversely effect the availability of service to the south part of the LP&L transmission system and the City of Lubbock. This project will upgrade existing 477MCM ACSR to 795ACSS conductor. Funded by 2003 Rev: Marsha Sharp Freeway Phase 1-3 Relocation $ 850,000 By state and federal highway policies, utilities within the proposed freeway corridor must be relocated prior to the letting of highway construction contracts. This project will provide funds for the engineering design, construction, labor and materials required to relocate LP&L 480 Regular City Council Meeting May 22, 2003 Page 481 transmission and distribution lines located within the Marsha Sharp Freeway Corridor. Funded by 2003 Rev: Gas Turbine #2 Evaporative Cooler $ 70,000 Provide evaporative cooling for Gas Turbine #2. As this action is the first necessary step to proceed with a bond issuance, staff recommended approval of this resolution. Pricing date is set for July 22, 2003. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2003-RO205 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (56.) Resolution No. 2003-RO206 to reimburse bond -funded capital expenditures for storm drainage system improvements, with proceeds of future debt not to exceed $40,135,000. RESOLUTION NO.2003-RO206 RESOLUTION 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 expectations 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 reasonable expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and the 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 $40,135,000. 481 Regular City Council Meeting May 22, 2003 Page 482 Passed by the City council this 22nd day of May 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Finance Director APPROVED AS TO FORM: /s/ Don Vandiver Don G. Vandiver, Assistant City Attorney A copy of the Exhibit "A" and Exhibit `B" is filed with Resolution No. 2003-R0206. Bond -funded capital projects for the City's Storm Drainage System were approved in the 2002-2003 Capital Projects Budget and the 2002-2003 Revised Capital Projects Budget. 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. Staff recommended approval of this resolution to reimburse no more than $40,135,000. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2003-RO206 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (57.) Resolution No. 2003-RO207 approving and authorizing publication of "Notice of Intention to Issue" and "Notice of Sale" of Tax & Waterworks System Surplus Revenue Certificates of Obligation, Series 2003 in an amount not to exceed $9,775,000. RESOLUTION NO.2003-RO207 A RESOLUTION approving and authorizing publication of (i) notice of intention to issue water system certificates of obligation and (ii) notice of sale with respect to such certificates of obligation. WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Waterworks System, including recreational improvements to Lake Alan Henry reservoir and (ii) professional services rendered in connection with such projects and the financing thereof; and 482 Regular City Council Meeting May 22, 2003 Page 483 WHEREAS, the City has determined to take bids for the purchase of such certificates of obligations and prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time provided by law and to publish a notice of sale with respect thereto in accordance with the provisions of the City's Charter; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $9,775,000 for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Waterworks System, including recreational improvements to Lake Alan Henry reservoir and (ii) professional services rendered in connection with such projects and the financing thereof, such certificates to be payable from ad valorem taxes and a lien on and pledge of the net revenues of the City's Waterworks System. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 2: The City Secretary is hereby authorized and directed to cause a notice relating to the sale of certificates of obligation to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 3: It is officially found, determined, and declared the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND APPROVED, this May 22, 2003. CITY OF LUBBOCK, TEXAS /S/ MARC MCDOUGAL Mayor ATTEST: /s/ Rebecca Garza City Secretary A copy of the Exhibit "A" and Exhibit "B" is filed with Resolution No. 2003-R0207. The proceeds from the sale of this bond issuance will be used for improvements and extensions to the City's Water System and to pay costs associated with issuance of these bonds. The projects tentatively scheduled to be funded are: Funded by 2003 CO: Lake Alan Henry Rec. Improvements $ 445,000 This project will provide for the implementation of a planning document entitled "Comprehensive Recreational Area Master Plan for Lake Alan Henry". This plan is needed to meet the water utilities strategic issue, which provides for a recreational plan to improve public recreational 483 Regular City Council Meeting May 22, 2003 Page 484 facilities at Lake Alan Henry. This phase includes a paved parking lot expansion, which will provide for an additional 150 pull -through vehicle/boat trailer size spaces. Funded by 2003 CO: Pump Station Rehab $2,000,000 Replacement of the 10.0 million gallon reservoir at P.S. 10. The replacement is necessary due to TNRCC requirements to replace the roof and structural problems with the reservoir. Funded by 2003 CO: Major Water Line Replacement $3,200,000 Project Funds the Replacement of major water lines (12 inches and greater) that have reached the end of their useful life. The first project is replacement of a 16 inch line from 19'h and Ave. A, south along Ave. A to 34t' Street, west along 34t' street to Quaker then north to Marsha Sharp Freeway. Funded by 2003 CO: Downtown Water System Improvements $2,500,000 This project funds water system improvements in the downtown area to alleviate low water pressure areas and replace water lines that have reached the end of their useful life. Funded by 2003 CO: Lake Alan Henry Fencing $ 160,000 This capital project will provide for a net-wire/barbed wire fence to be constructed around the dam and the associated facilities at the dam. The fence is needed due to the encroachment of feral hogs onto the surface of the downstream slope of the dam —continually causing damage to the grass surface causing erosion gullies and the irrigation system/heads utilized upon the slope surface. Funded by 2003 CO: Water Facilities Security Improvements $625,000 This project will allow enhancement of security at all potable water facilities. Based on site surveys and recommendations by the Lubbock Police Department this project is designed to address the risk of criminal trespass that could result in facility damage or water contamination at pump stations, storage facilities, terminal storage, Sudan pump station and the water treatment plan. An EPA mandated vulnerability assessment of the water system was completed in January 2003. This project will be used to implement solutions to security needs resulting from the assessment. Funded by2003 CO: Sandhills Well Field Roads Rehabilitation $ 150,000 This project will rehabilitate several miles of unpaved access roads in the Sandhills well field. These roads need to be resurfaced due to the deterioration caused by years of repeated grading and the sandy base. Funded by 2003 CO: Terminal Storage Solids Handling $ 500,000 This project will remove existing solids/sludge from the Terminal Storage Reservoir. It will also include construction of a decanting process for used filter backwash water. This process will substantially reduce or eliminate the solids before this water is returned to the Terminal Storage Reservoir. 484 Regular City Council Meeting May 22, 2003 Page 485 As this action is the first necessary step to proceed with a bond issuance, staff recommended passage of these resolutions. Pricing date is set for July 22, 2003. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2003-RO207 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (58.) Resolution No. 2003-RO208 to reimburse bond -funded capital expenditures for water system improvements, with proceeds of future debt not to exceed $9,775,000. RESOLUTION NO.2003-RO208 RESOLUTION 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 expectations 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 reasonable expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and the 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 $9,775,000. Passed by the City Council this 22nd day of May 2003 /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodizes Beverly Hodges, Finance Director APPROVED AS TO FORM: /s/ Don Vandiver Don G. Vandiver, Assistant City Attorney 485 Regular City Council Meeting May 22, 2003 Page 486 Bond -funded capital projects for the City's Water System were approved in the 2002-2003 Capital Projects Budget and the 2002-2003 Revised Capital Projects Budget. 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. Staff recommended approval of this resolution to reimburse no more than $9,775,000. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2003-RO208 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (59.) Resolution No. 2003-RO209 approving and authorizing publication of "Notice of Sale" of Electric Light and Power System Revenue Refunding & Improvement Bonds, Series 2003 in an amount not to exceed $22,935,000. RESOLUTION NO.2003-RO209 A RESOLUTION approving and authorizing publication of notice of sale with respect to revenue bonds. WHEREAS, the City Council of the City of Lubbock, Texas, has determined to issue electric light and power system revenue bonds in the principal amount of $22,935,000 and, in connection therewith, the sale of such bonds is to be advertised in a newspaper once a week for a period of 30 days; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: The City Secretary is hereby authorized and directed to cause a notice of sale relating to the sale of electric light and power system revenue bonds to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. PASSED AND APPROVED, this May 22, 2003. CITY OF LUBBOCK, TEXAS /S/ MARC MCDOUGAL Mayor ATTEST: /s/ Rebecca Garza City Secretary A copy of the Exhibit "A" is filed with Resolution No. 2003-R0209. The proceeds from the sale of this bond issuance will be used to refund $8,500,000 principal amount of the City's outstanding Electric Light and Power System Revenue bonds, Series 2002. The proceeds will also be used for Electric Light and Power System improvements including overhead and underground distribution improvements, transmission system improvements, acquisition of equipment, a deposit to the debt regular City Council Meeting May 22, 2003 Page487 service reserve fund and to pay the costs of issuance associated with the bonds. The anticipated amount of issuance will be $22,935,000. Projects tentatively scheduled to be funded are as follows: Southeast Substation Funded by 2003 Rev: $4,000,000 This project will provide funds to construct a new 115/69KV to 12 KV substation for service to south and southeast Lubbock area near I-27 and South Loop 289. In addition, a fourth intertie can be completed between LP&L and Xcel Energy. This project will provide continued service reliability to our customer base. Funded by 2003 Rev: Overhead Distribution FY 02-03 $ 300,000 Overhead Distribution FY 03-04 $1,500,000 This project will provide for engineering design, construction, labor and materials to provide service to customers requiring overhead electric service. This project will also provide for the construction of major overhead line infrastructure such as feeder lines and capacitor banks. This project is required to meet normal system growth resulting from change-overs to LP&L, new housing subdivisions and increased electrical requirements of existing LP&L customers. Funded by 2003 Rev: Underground Distribution FY 02-03 $ 300,000 Underground Distribution FY 03-04 $2,500,000 This project will provide for engineering design, construction, labor and materials to provide service to customers requiring underground electric service. This project is required to meet normal system growth resulting from change-overs to LP&L, new housing subdivisions, underground service requirements of LP&L commercial/industrial customers and increased electrical requirements of existing LP&L customers. Service Distribution FY 02-03 Service Distribution FY 03-04 Funded by 2003 Rev: $ 500,000 $ 500,000 This project will provide for engineering design, construction, labor and materials required to install services and metering equipment for new and existing customers. This project is required to meet normal system growth resulting from change-overs to LP&L, new housing subdivisions and increased electrical requirements of existing LP&L customers. Funded by 2003 Rev: Distribution Transformers FY 02-03 $ 800,000 Distribution Transformers FY 03-04 $ 800,000 This project will provide funds for the purchase of distribution transformers for the electric distribution system growth, maintenance and improvements. This project is required to meet normal system growth resulting from change-overs to LP&L, new housing subdivisions and increased electrical requirements of existing LP&L customers. Funded by 2003 Rev: Erskine Substation Capacity Increase $ 100,000 This project will provide funds to increase the capacity at Erskine Substation, which serves the north and northwest portions of the City. This substation load capacity increase is required for the new and expanding development that is occurring in the north and northwest portions of the City. This substation transformer capacity increase will be 487 Regular City Council Meeting May 22, 2003 Page 488 realized by relocating the substation transformer that is to be replaced at Mackenzie Substation to Erskine Substation. Funded by 2003 Rev: Mackenzie Sub to Milwaukee Ave. $ 250,000 Transmission Line. This project will provide funds to rebuild approximately seven (7) miles of 69KV transmission line between the Mackenzie Substation and the Milwaukee Substation. Load flow studies indicate that under certain outage conditions, service to the North and West portions for the City could be affected. This project will upgrade existing 4/OACSR and 477MCM ACSR to 795ACSS conductor. This project will be completed in phases and will require five (5) years to complete. Funded by 2003 Rev: De Gasification Unit $ 200,000 This project will allow for the purchase of a hot -oil de -gasification unit. This unit will clean and de -gasify the oil in LP&L substation transformers. LP&L currently has nine (9) of existing 50 substation transformers on our system that the City of Lubbock insurer is recommending be de -gasified. The remaining substation transformers will require de -gasification over the next 2-3 years. The outsourcing of this project for the current nine (9) transformers to be de -gasified will cost approximately $100,000. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2003-RO209 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (60.) Resolution No. 2003-RO210 to reimburse bond -funded capital expenditures for electric system improvements, with proceeds of future debt not to exceed $12,970,000. RESOLUTION NO.2003-R0210 RESOLUTION 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 expectations 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 reasonable expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and the 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 $12,970,000. 488 Regular City Council Meeting May 22, 2003 Page 489 Passed by the City Council this 22nd day of May 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Finance Director APPROVED AS TO FORM: /s/ Matthew L. Matthew L. Wade, Attorney Bond -funded capital projects for the City's Electric System were approved in the 2002-2003 LP&L Capital Projects Budget and the 2002-2003 Revised LP&L Capital Projects Budget. 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. Staff recommended approval of this resolution to reimburse no more than $12,970,000. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2003-RO210 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (61.) Resolution No. 2003-RO211 approving and authorizing publication of "Notice of Intention to Issue" and "Notice of Sale" of Tax & Sewer System Surplus Revenue Certificates of Obligation, Series 2003 in an amount not to exceed $685,000. RESOLUTION NO.2003-RO211 A RESOLUTION approving and authorizing publication of (i) notice of intention to issue sewer system certificates of obligation and (ii) notice of sale with respect to such certificates of obligation. WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Sewer System, and (ii) professional services rendered in connection with such projects and the financing thereof, and WHEREAS, the City has determined to take bids for the purchase of such certificates of obligations and prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time 489 Regular City Council Meeting May 22, 2003 Page 490 provided by law and to publish a notice of sale with respect thereto in accordance with the provisions of the City's Charter; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $685,000 for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Sewer System and (ii) professional services rendered in connection with such projects and the financing thereof, such certificates to be payable from ad valorem taxes and a lien on and pledge of the net revenues of the City's Sewer System. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 2: The City Secretary is hereby authorized and directed to cause a notice relating to the sale of certificates of obligation to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 3: It is officially found, determined, and declared the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND APPROVED, this May 22, 2003. CITY OF LUBBOCK, TEXAS /S/ MARC MCDOUGAL Mayor ATTEST: /s/ Rebecca Garza City Secretary A copy of the Exhibit "A" and Exhibit `B" is filed with Resolution No. 2003-R0211. The proceeds from the sale of this bond issuance will be used for improvements and extensions to the City's Sewer System and to pay costs associated with issuance of these bonds. The project tentatively scheduled to be funded is: Major Sanitary Sewer Line Replacement: This project funds the replacement of large (12 inch and greater) sanitary sewer lines throughout the City that have reached the end of their useful life. As this action is the first necessary step to proceed with a bond issuance, staff recommended passage of these resolutions. Pricing date is set for July 22, 2003. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2003-R0211 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 490 Regular City Council Meeting May 22, 2003 Page 491 (62.) Resolution No. 2003-RO212 approving and authorizing publication of "Notice of Intention to Issue" and "Notice of Sale" of Combination Tax & Solid Waste Disposal System Surplus Revenue Certificates of Obligation, Series 2003 in an amount not to exceed $3,595,000. RESOLUTION NO. 2003-RO212 A RESOLUTION approving and authorizing publication of (i) notice of intention to issue solid waste system certificates of obligation and (ii) notice of sale with respect to such certificates of obligation. WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) the construction of public works, to wit: excavation and lining of a cell at the City's landfill, and (ii) professional services rendered in connection with such project and the financing thereof, and WHEREAS, the City has determined to take bids for the purchase of such certificates of obligations and prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time provided by law and to publish a notice of sale with respect thereto in accordance with the provisions of the City's Charter; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $3,595,000 for the purpose of paying contractual obligations to be incurred for (i) the construction of public works, to wit: excavation and lining of a cell at the City's landfill, and (ii) professional services rendered in connection with such project and the financing thereof, such certificates to be payable from ad valorem taxes and a lien on and pledge of the net revenues of the City's Solid Waste Disposal System. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 2: The City Secretary is hereby authorized and directed to cause a notice relating to the sale of certificates of obligation to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 3: It is officially found, determined, and declared the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. 491 Regular City Council Meeting May 22, 2003 Page 492 PASSED AND APPROVED, this May 22, 2003. CITY OF LUBBOCK, TEXAS /S/ MARC MCDOUGAL Mayor ATTEST: /s/ Rebecca Garza City Secretary A copy of the Exhibit "A" and Exhibit "B" is filed with Resolution No. 2003-R0212. The proceeds from the sale of this bond issuance will be used for improvements to the City's Solid Waste System and to pay costs associated with issuance of these bonds. The project tentatively scheduled to be funded is: Cell II Construction Funded by 2003 CO: $3,500,000 Excavation of Cell II. Cell II will be excavated and lined for disposal of refuse by the City. As this action is the first necessary step to proceed with a bond issuance, staff recommended passage of these resolutions. Pricing date is set for July 22, 2003. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2003-R0212 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 54. (62A.) Resolution No. 2003-R of Lubbock. This item was deleted. COMMUNITY SERVICES creating an Audit Committee for the City (63.) Resolution No. 2003-R0200/RFQ #244-021DC for Architectural and Engineering Services for the Development of the Samuel W. Wahl Recreational Area, Lake Alan Henry (Water Utilities) This item was considered following Item 35. RESOLUTION NO.2003-R0200 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for A/E services for Samuel W. Wahl Recreational Area improvements, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 492 Regular City Council Meeting May 22, 2003 Page 493 Passed by the City Council this 22nd day of May, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR A17EST: /s/ Rebecca Garza Re cca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas Wil iam de Haas Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2003-R0200. In December of 2002, the City of Lubbock accepted Statements of Qualifications for Architectural and Engineering Services for development of the Samuel W. Wahl Recreational Area at Lake Alan Henry. The evaluation committee was made up of two citizens, including Grey Lewis and Bobbe Crawford, and City staff members Randy Truesdell, Craig Farmer and Diane Selby. Forty-seven local firms were notified of this Request for Qualifications (RFQ). Statements of Qualifications were received from the following companies: • Parkhill, Smith & Cooper, Inc. of Lubbock, Texas • ENPROTEC, Inc. of Lubbock, Texas • HH Architects of Dallas, Texas Two Lubbock firms, Enprotec and Parkill Smith and Cooper made oral presentations to the committee. After oral presentations, each firm was evaluated on the five weighted criteria listed in the RFQ: • Qualifications, experience, and competence of the firm and the assigned personnel. 25% • Record of performance. 20% • Involvement of Lubbock firms in the provision of services. 20% • Timeliness of the proposed work schedule/timeline. 15% • Understanding of the project and the City's objectives. 20% The committee recommended Parkhill Smith and Cooper (PSC) as the most qualified firm. PSC was recommended due to the firm's qualifications, competence, record of performance and understanding the City's objectives. Services provided by the architect/engineer will include: Preliminary Analysis and Programming - This phase will assess the existing master plan documents and reports and provide a cursory analysis and comment for consideration. The site analysis, master plan analysis and traffic analysis will be completed during this phase. An infrastructure (water and sewer) master plan will be developed to delineate locations for water intake structures and distribution lines throughout the park as well as sanitary sewer collection and disposal systems. A lodge and marina market analysis is a part of this phase. This analysis will include target markets, service market area, 493 Regular City Council Meeting May 22, 2003 Page 494 demographic profile of markets and market segmentation strategies. Also included will be a list of marina features and facilities commensurate with the size of the marina slips, marina improvements and geographic area for use by others in developing a market analysis and revenue structure. Final decisions on locations of specific improvements will be made in regards to compliance with the Texas Antiquities Code administered by the State Historic Preservation Officer of the Texas Historical Commission. The amenities included in the site analysis are camp sites, entry, headquarters building, park ranger residence, maintenance building, roads, parking, boat ramp, day lodge, rental cabins, restroom/shower building, picnic shelter and group pavilion. 2. Design Guidelines - This phase will include development of design guidelines documenting a consistent vision or style for current and future development of the Sam Wahl Recreation Area. Recommended site planning guidelines include building styles, volumes, massings, materials, products, signage and parking ratios. 3. Development Plan - The Development Plan will enable planning of all the program components into one aggregate plan. This plan will be referred to as the Sam Wahl Recreation Area Development Plan. This plan will show roads, utilities, facilities, parking lots, campgrounds, trails and other requirements in scale and coordinated for the program and site. This plan will serve as a map for the City to follow and will provide the visual tool needed to understand the magnitude of each scope item in the overall proposed development in the recreation area. The plan will provide a more realistic and coordinated routing of infrastructure and utilities for the development of the site and potentially maximize economies of scale in phased bidding. FISCAL IMPACT: A total of $2,554,938 was appropriated and $1,672,920 is available in project number 223-9492 (Lake Alan Henry Recreational Improvements) for this purpose. Award contract to Parkhill, Smith & Cooper, Inc. of Lubbock, Texas in an amount not exceed $183,467 for Architectural and Engineering Services for the development of the Lake Alan Henry Recreational Area, or such alternative action, as the City Council may deem appropriate. Randy Truesdell, Parks and Recreation Director, gave staff comments. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO200 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez had not yet arrived. The next item considered was Item 41. LP&L (64.) Resolution No. 2003-RO214 authorizing the Mayor to waive Texas Municipal Gas Corporation's contractual requirement to give the City of Lubbock 75 days written notice prior to issuing additional bonds for additional natural gas reserve purchases. This item was considered following Item 54. RESOLUTION NO.2003-RO214 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 waiver of Section 16.03 of the Joint Gas Purchase Contract dated as of April 1, 1998 by and between the City of Lubbock, Texas, Texas Municipal Gas Corporation and the City of LaGrange, Texas. EM Regular City Council Meeting May 22, 2003 Page 495 Said waiver is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passled by the City Council this 22nd day of May 2003. MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Carroll McDonald Carroll McDonald Chief Executive Officer Department of Electric Utilities City of Lubbock APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade Assistant City Attorney A copy of the Contract is filed with Resolution No. 2003-R0214, The Joint Gas Purchase Contract allows LP&L to buy discounted gas from the Texas Municipal Gas Corporation (TMGC). When fully implemented, this arrangement will allow LP&L to reduce its fuel cots from 5% to 10%. This could eventually amount to over $2,000,000 per year. TMGC is now in a position to secure additional gas in the ground. In order to complete the purchase, TMGC wants to issue a series of bonds. The contract requires TMGC to give the City 75 days' notice before they can issue any series of bonds. However, in order to complete a purchase of this particular natural gas reserve, TMGC must issue the bonds before the 75 days are completed. LP&L is not bound to take more gas than it needs and is not liable for any portion of the bonds TMGC sells. This purchase should supply all of LP&L anticipated gas needs. The LP&L staff recommended that the City Council grant this waiver. Tony Allison, Municipal Energy Resources (program managers for TMGC) gave comments. Motion was made by Council Member Martin, seconded by Council Member Hernandez to pass Resolution No. 2003-RO214 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. COMMUNITY DEVELOPMENT (65.� Resolution No. 2003-R authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Funding Contract and all related documents between the City of Lubbock and the Texas Department of Housing and Community Affairs for the DOE/OIL OVERCHARGE WEATHERIZATION ASSISTANCE PROGRAM. This item was denied. This agreement would allow the City to operate a weatherization assistance program. See attached description of the grant. Rsi Regular City Council Meeting May 22, 2003 Page 496 Amount: $49,569 Terms: From May 22, 2003 to December 31, 2003. Comments: This contract is to provide weatherization assistance to low- income persons. Such assistance could include replacement of heaters or air condition units, replacing windows, weather striping etc. A test is performed prior to any work to determine feasibility, and also at completion to see if it passes the State's requirements. The City had this contract for a few years in the early to mid 90's. Upon a review of the program and its requirements it was determined not to renew the contract with the State. There were several issues on the -- weatherization program. CD sued the program in conjunction with other programs to improve a home, the State disallowed this as regulations require only replacing units with like units. Staff could not improve the home, as the States goal was lower utility costs only, not necessarily a better system. There is also a cap on what can be spent, if you start a home, and the work cost exceeds the cap the City would have to cover the additional costs. It is a very labor-intensive grant with minimal allowances for administration costs. The original pro and con sheet is attached from the first time CD reviewed the grant. The numbers are from the 1990's but the results are the same, our costs have only gone up since then. The contract is available for review in the City Secretary's Office. This grant has several issues in its implementation; CD gave this grant up several years ago as stated in the pro con evaluation attached. It was decided to allow other agencies to take on the programs. Now those agencies have also given up the program. If another agency cannot be found to take the program, the funds set for this area may be lost to another areas capable of spending the funds. If CD takes on the program, additional staff will be needed and not all cost will be covered by this grant. Todd Steelman, Interim Community Development Director, gave staff comments. Motion was made by Council Member Hernandez, seconded by Council Member Martin to deny this item. Motion carried: 7 Yeas, 0 Nays. (66.) Resolution No. 2003-R authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Funding Contract and all related documents between the City of Lubbock and the Texas Department of Housing and Community Affairs for the SOUTHWESTERN PUBLIC SERVICE LOW INCOME PROGRAM IN WEATHERIZATION. This item was denied. This agreement would allow the City to operate a weatherization assistance program. A description of the grant was furnished in council backup. Amount: $36,787 Terms: From May 22, 2003 to December 31, 2003. Comments: This contract is to provide weatherization assistance to low- income persons. Such assistance could include replacement of heaters or air condition units, replacing windows, weather striping etc. A test is ` performed prior to any work to determine feasibility, and also at completion to see if it passes the State's requirements. CD did not have this contract with the others in the 1990's, however it follows the same regulations as the other weatherization contracts except it can only be used in Homes having SPS (Excel) services, and there is not a cap on what can be spent per home. The contract is available for review in the City Secretary's Office. .., Regular City Council Meeting May 22, 2003 Page 497 This grant has several issues in its implementation; CD gave similar grants up several years ago as stated in the pro con evaluation attached. It was decided to allow other agencies to take on the programs. Now those agencies have also given up the program. If another agency cannot be found to take the program, the funds set for this area may be lost to another areas capable of spending the funds. If CD takes on the program, additional staff will be needed and not all cost will be covered by this grant. Todd Steelman, Interim Community Development Director, gave staff comments. Motion was made by Council Member Hernandez, seconded by Council Member Martin to deny this item. Motion carried: 7 Yeas, 0 Nays. (67.) Resolution No. 2003-R authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Funding Contract and all related documents between the City of Lubbock and the Texas Department of Housing and Community Affairs for the LIHEAP WEATHERIZATION ASSISTANCE PROGRAM. This item was denied. This agreement would allow the City to operate a weatherization assistance program. A description of the grant was furnished in council backup. Amount: $70,418 Terms: From May 22, 2003 to December 31, 2003. Comments: This contract is to provide weatherization assistance to low- income persons. Such assistance could include replacement of heaters or air condition units, replacing windows, weather striping etc. A test is performed prior to any work to determine feasibility, and also at completion to see if it passes the State's requirements. The City had this contract for a few years in the early to mid 90's. Upon a review of the program and its requirements it was determined not to renew the contract with the State. There were several issues on the weatherization program. CD used the program in conjunction with other programs to improve a home, the State disallowed this as regulations require only replacing units with like units. Staff could not improve the home, as the States goal was lower utility costs only, not necessarily a better system. There is also a cap on what can be spent, if you start a home, and the work cost exceeds the cap the City would have to cover the additional costs. It is a very labor-intensive grant with minimal allowances for administration costs. The original pro and con sheet is attached from the first time CD reviewed the grant. The numbers are from the 1990's, but the results are the same. Our costs have only gone up since then. The contract is available for review in the City Secretary's Office. This grant has several issues in its implementation. As stated in the pro con evaluation, CD gave this grant up several years ago. It was decided to allow other agencies to take on the programs. Now those agencies have also given up the program. If another agency cannot be found to take the program, the funds set for this area may be lost to other areas capable of spending the funds. If CD takes on the program, additional staff will be needed and not all costs will be covered by this grant. Todd Steelman, Interim Community Development Director, gave staff comments. Motion was made by Council Member Hernandez, seconded by Council Member Martin to deny this item. Motion carried: 7 Yeas, 0 Nays. 497 Regular City Council Meeting May 22, 2003 Page 498 (68.) Resolution No. 2003-RO215 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Funding Contract and all related documents between the City of Lubbock and the Texas Department of Housing and Community Affairs for the COMPREHENSIVE ENERGY ASSISTENCE PROGRAM. RESOLUTION NO. 2003-RO215 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 Funding Contract, by and between the City of Lubbock and The Texas Department of Housing and Community Affairs for the Comprehensive Energy Assistance Program and all related documents. Said Funding 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 22nd day of May, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 's/ Todd Steelman Todd Steelman Interim Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Funding Contract is filed with Resolution No. 2003-R0215. This agreement would allow the City to operate an energy assistance program. A description of the grant was furnished in council backup. Amount: $208,506 Terms: From May 22, 2003 to December 31, 2003. Comments: This grant can provide energy assistance to low-income persons. Requirements include case management, proof of energy crisis. Staff does not currently have staff to be able to implement this program, and administrative costs with this grant are limited. The City operated this grant in the early 1990's after an evaluation of the program it was decided to privatize the program. The State at the time would not allow sub- contracting of the program so the City gave it up. The State would allow sub -contracting with the proposed contract, CD's role would be to sub- contract in accordance with State regulations, and monitor the agency for compliance. Community Development used to operate this grant and privatized it several years ago. The case management requirements would not allow CD to implement the program without additional staffing. Staff could sub -contract out the program and monitor it for compliance as staff does with our other grants. Todd Steelman, Interim Community Development Director, gave staff comments. 498 Regular City Council Meeting May 22, 2003 Page 499 Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass Resolution No. 2003-RO215 as recommended - by staff. Motion carried: 7 Yeas, 0 Nays. PLANNING AND TRANSPORTATION (69.) Resolution No. 2003-RO216 authorizing the Mayor to execute a contract between the City of Lubbock and Parkhill, Smith and Cooper, Inc., for design of the 981h Street widening project from Slide Road to Frankford, Ave. RESOLUTION NO. 2003-RO216 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 Engineering Services Agreement for 98`h Street widening from Slide Road to Frankford Avenue, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc. of Lubbock, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd day of May, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Lary Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2003-R0216. The 98`h Street widening project from Slide Road to Frankford Ave. was approved as part of the 1998 capital bond election. The project is to widen 98a' Street from the current strip paving section to the full T-2 Thoroughfare which is three lanes in each direction and a continuous left turn lane. The contract is a not to exceed amount of $827,900. The Lubbock City Council had previously approved a contract with Hugo Reed and Associates, Inc., on September 17, 2002, for the design of the 98`' Street Storm Sewer project, better known as the W' Street Regional Detention Basin project. When the geotechnical work began for this project it became evident that there could possibly be a settlement problem associated with the previously installed sanitary sewer line in the area. Since this time Staff has been working with the Consultants, Water Utilities, and Management about the best possible solution to the apparent problem. The compaction of the sanitary sewer line is critical for constructing a stable roadway with the expected traffic volumes of the 98`h Street thoroughfare. After several months of further study and negotiation between departments and with the Consultant Team, staff is proposing in the 981h Street widening contract to include the design of the 98`h Street 101 Regular City Council Meeting May 22, 2003 Page 500 Regional Detention Basin and expedite the portion of the South Lubbock Storm Sewer through this area as one bid package. This should reduce the overall costs associated with these projects and should speed the ultimate widening of 98`h Street. The proposed breakdown of costs is as follows: Design of 98`h Street Paving and Detention Basin $432 430 Storm Sewer Geotechnical Work to determine Solution for $296,922 Compaction of Sanitary Sewer Video of Sanitary Sewer Design Surveying Total $ 39,000 $ 45,920 $814,272 The contract deliverables will include a recommendation on the safest, easiest to construct, and most economical solution to the geotechnical issue for the project. There will be assigned risks to the various options that the City will need to consider before determining the final design of the project. The contract calls for the Consultant Team to deliver the plans, specifications, and estimates for the construction of the seven -lane thoroughfare, the storm sewer serving the Regional Detention Basins and the portion of the South Lubbock Storm Sewer from Slide Rd. to Iola Ave. by July 2004. They will also deliver the final electronic files associated with the project including all supporting data. The funding for the design of this project will come from the 1998 capital bond fund project for the 98`h Street widening, project #915-90093. The total current budget for the project is $3,765,000. Due to unforeseen field conditions at the time the estimate was prepared it may be necessary to supplement the funding of this project. The additional amount of funds _ will be determined after the final estimates for the project are completed. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Hernandez to pass Resolution No. 2003-RO216 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Gilbreath recused himself. (70.) Ordinance No. 2003-00063 amending Chapter 26, "Taxation" of the Lubbock Code of Ordinances by adding " Article III. Tax Incentives for Historic Preservation" providing for partial property tax exemption for certain properties zoned Design -Historic and providing for a partial property tax exemption for restoration of historic structures. (Planning) ORDINANCE NO.2003-00063 AN ORDINANCE TO BE KNOWN AS THE "CENTENNIAL HISTORICAL PRESERVATION INITIATIVE," AMENDING CHAPTER 26, "TAXATION" OF THE LUBBOCK CODE OF ORDINANCES BY ADDING "ARTICLE III. TAX INCENTIVES FOR HISTORIC PRESERVATION" PROVIDING FOR A PARTIAL TAX EXEMPTION FOR RESTORATION OF HISTORIC STRUCTURES ZONED DESIGN HISTORIC; PROVIDING FOR ENFORCEMENT THEREOF; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The Urban Design and Historic Preservation Commission, the Council appointed commission for historic preservation and the Lubbock Historic Landmark program, is proposing a Historic Preservation Tax Incentive program for properties zoned Design -Historic under the Urban Design and Historical Preservation section of the Zoning Ordinance. The Commission 500 Regular City Council Meeting May 22, 2003 Page 501 is very enthusiastic about this program and hopeful of its positive effect on older neighborhoods and downtown Lubbock. Lubbock is one of the few Texas cities with Historic Preservation programs not already offering some sort of tax reduction incentive program. The Texas Historical Commission provides information about almost 30 cities and counties that currently provide such incentives. These cities are as small as Mineola and Pittsburg and as large as Dallas, Houston, and San Antonio. A study completed by the Center for Urban Policy Research for the Texas Historical Commission analyzed data from across the state that indicated that the lost tax revenues from such incentive programs are more than returned by increased property values of rehabilitated buildings. For example, in Abilene, the average annual tax reduction of $23,000 for all landmark properties has helped spur more than $5,000,000 in reinvestment in Abilene's historic neighborhoods and downtown. The ordinance recommended by the Urban Design and Historic Preservation Commission includes three basic incentives: Eliminating the $475 zoning fee for historic landmark designations for two months out of each year to encourage more owners of historic properties to participate in the program. Providing a tax reduction program for properties designated as Lubbock Historic Landmarks that will reduce city property tax by 20% of the assessed value, except that owner occupied residential shall be reduced 30%. Program duration to be 10 years after the date of designation or 10 years beginning January 1, 2004 for those properties previously designated as Lubbock Historic Landmarks. As an example, if the proposed 20-30% reduction is put into place today for the 40 or so existing Lubbock Historic Landmarks, the total annual loss of revenue to the City of Lubbock will be about $8,300 annually at the current tax rate. Providing an additional tax reduction incentive for rehabilitation projects that preserve and improve the historic integrity of landmark buildings. These improvement projects would be reviewed under the same process and guidelines that all landmark rehab projects are currently subject to, so there would be no change in the process, only an incentive to invest money in rehabilitation. The proposal for those properties designated as Lubbock Historic Landmarks that are substantially rehabilitated is a reduction of 50% of the city property taxes for a period not to exceed 10 years or an amount in excess of the total eligible project cost. The minimum project cost eligible for this incentive will be the lesser of $5,000 or 5% of the assessed value of the structure. Staff recommended approval of this ordinance. Craig Farmer, Managing Director of Planning & Transportation, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00063 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Martin voted Nay. Council Member Hernandez recused himself. The next item considered was Item 79. WATER (71.J Resolution No. 2003-R0201 authorizing the Mayor to execute an amendment to the Lubbock Reese Redevelopment Authority Wholesale Wastewater Contract to allow a second point of delivery for sanitary sewer service primarily to serve the Cagle's Steaks restaurant facility. This item was considered following Item 48. 501 Regular City Council Meeting May 22, 2003 Page 502 RESOLUTION NO. 2003-RO201 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 First Amendment to Wholesale Wastewater Interlocal Contract between the City of Lubbock and Lubbock Reese Redevelopment Authority, and any other related documents. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day of May 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook Director of Public Works APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Amendment is filed with Resolution No. 2003-R0201. This resolution amends the current Lubbock Reese Redevelopment Authority (LRRA) Wholesale Wastewater Contract to allow another point of delivery primarily to serve the existing Cagle's Steaks restaurant complex. Cagle will be a customer of LRRA. The City of Lubbock will invoice LRRA for wastewater services as outlined in the current LRRA Wholesale Wastewater Contract. LRRA will be responsible for invoicing Cagle's Steaks for service. The rate billed to LRRA is based on LRRA's wastewater flow or an alternate arrangement as agreed to by both parties. Staff recommended approval of this resolution. Terry Ellerbrook, Managing Director of Public Works, gave staff comments. Mayor Pro Tern Hernandez stated that he felt there were three alternatives: (1) disconnect now; (2) hold Cagle to the deal for voluntary annexation, which would have tax benefits for the City of Lubbock; or, (3) accept the action item as stated. John Cagle stated that he was informed by the City of Lubbock that the annexation was off the table and after the City had set up the lines, he connected. Eric Williams, Executive Director of LRRA, provided information concerning connecting Cagle's Steaks. He stated that Richard Burdine, Assistant City Manager, told him that annexation was off the table. This was an environmental issue and the City didn't want to annex anything around Reese. Mr. Burdine stated the line could be extended if Mr. Cagle would agree to pay for it. That is what LRRA stood with. They did everything the City of Lubbock asked for. Mayor McDougal stated he was told some time prior to December that the voluntary annexation was not going to take place. There was another way to handle it. 502 Regular City Council Meeting May 22, 2003 Page 503 Council Member Boren asked that Mr. Cagle speak to Council. Mr. Cagle stated in July of 2002, he agreed to voluntary annexation. He was given this letter back and he was under the assumption that this deal was off the table. He further stated that he had agreed to pay a certain amount and that as of the first of 2003, he was servicing this debt. Motion was made by Council Member Hernandez, seconded by Council Member Morrison to deny this item with the understanding that the City of Lubbock uphold its end of the July 2002 agreement and provide Mr. Cagle sewer service upon voluntary annexation. After further discussion, Council Member Morrison withdrew his second. This motion died for lack of a second. Council Member Martin asked Mr. Cagle if he would voluntarily be willing to annex his main building. Mr. Cagle stated that he would prefer not to do this. He stated it was simpler to be in the county, especially if he chose to make additions. Motion was made by Council Member Hernandez, seconded by Council Member Martin to make an amendment Resolution No. 2003-RO201 that the agreement with LRRA would limit the point of service or the point of delivery to area specific to Cagle's Steaks. Motion carried: 7 Yeas, 0 Nays. Motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass Resolution No. 2003-RO201 with the amendment Motion carried: 6 Yeas, 1 Nay. Council Member Hernandez voted Nay. (72.) Resolution No. 2003-RO202 authorizing the Mayor to execute a contract with the Lubbock Reese Redevelopment Authority for water supply services. RESOLUTION NO.2003-RO202 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 Wholesale Water Sales Interlocal Contract between the City of Lubbock and Lubbock Reese Redevelopment Authority, and any other 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 Council. Passed by the City Council this 22nd day of May 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook Director of Public Works APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Contract is filed with Resolution No. 2003-R0202. 503 Regular City Council Meeting May 22, 2003 Page 504 This resolution allows the Mayor to execute a water supply agreement between the City of Lubbock and Lubbock Reese Redevelopment Authority (LRRA). The contract sets forth two points of delivery of service. The LRRA may use up to 670,000 gallons per day and up to 240,000,000 gallons per year. This contract will allow LRRA to serve Cagle's Steaks Restaurant and the two residences of the Cagle's family. The LRRA will be billed the current monthly meter charge and unit water charge as set forth in city ordinances. Staff recommended approval of this resolution. Motion was made by Council Member Hernandez, seconded by Council Member Morrison to pass Resolution No. 2003-RO202 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 49. BOARD APPOINTMENTS (73.) Consider one appointment to Youth Commission - Adults This item was deleted. (74.) Consider appointments to City Manager Search Committee This item was deleted. (74A.) Consider appointments to the Audit Committee for the City of Lubbock. This item was deleted. 3:53 P. M. CITY COUNCIL RECESSED TO WORK SESSION 3:54 P. M. WORK SESSION CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas All council members were present. (75.) Presentation from the Interim City Manager regarding his activities and accomplishments for the month of April 2003. This item was considered following Item 80. Tommy Gonzalez, Interim City Manager, presented a monthly operations report to Council. The purpose of the report was to highlight the issues facing the City from an operational perspective. The report also highlighted accomplishments for the month of April 2003, Mr. Gonzalez stated that all City contracts have been placed in hard cover for easy accessibility. Among other items in his report, Interim City Manager Gonzalez told Council that he had met with employee groups and shared with them the state of the City. Morale is a big factor in these meetings and he stated that he is working to improve this by making monthly report information accessible to the employees, i.e. web site. Gonzales also mentioned they were forming an Employee Morale Committee, which will include line workers. He also stated there is a Policy Review Committee being formed. Citizens will look at internal operations and how policies are written. Plans for an Ordinance Review Committee are in the works. The City Attorney's office will be heavily involved. (76.) Presentation from Mike Cunningham and the City Treasurer Selection Committee regarding creation of an Audit Committee. This item was deleted. 504 Regular City Council Meeting May 22, 2003 Page 505 (77.) Brief City Council on the Health Insurance Portability and Accountability Act (HIPAA). HIPAA is a federal law, which provides privacy standards for the privacy of individually identifiable health information. It overlays other existing privacy laws and is both state and federal law. This matter has recently been in the news media, and the City is now seeking a clarification from the Attorney General on some issues pertaining to city government. Mayor McDougal stated City Attorney Anita Burgess had written a briefing, as had the other side. This briefing was given to Senator Robert Duncan, who in turn forwarded the same to the Attorney General for an opinion. This item will be discussed further after receipt of the Attorney General's opinion. (78.) Presentation regarding the Community Development section 108 Loan Program that will be used to fund a city wide housing rehabilitation program and may allow the City to use other CDBG funds for other purposes such as Economic Development, Infrastructure, Public Facilities, etc. (Todd Steelman 10 minutes) At the last Council work session, the 108 loan was presented to see if staff should move forward with the contract. In evaluating the current economic conditions interest rates, bond rates, default rates and restrictions on what could be done with the 108 housing dollars, it was determined that this was not as a positive risk as it was when the process was started about two years ago. The risk would be from a possible break-even proposition, to possibly the loss of CDBG funds in having to pay back the loan due to lower interest rates. However, that loss of funds may be offset by using CDBG dollars that normally would be spent on Housing programs, but due to the 108, would be freed up and used for other activities. An average of about $400,000 is allocated to the housing rehab program each year. Some or all of this funding could be used for other activities while the 108 funds are being spent. By re -loaning the funds paid back from the 108 the funds used by CDBG to initially pay the 108 loan would be recovered. Staff asked Council to weigh if the risk of the 108 is offset by the opportunity of leveraging the other CDBG funds. Todd Steelman, Interim Community Development Director, gave staff comments. Mr. Steelman said they had the opportunity to reduce the 108 to a $1 m loan. This would be used over the next two to three years. The payback would be reduced to $140,000 annually. This would free up monies to be used in other programs to benefit the City and also allow the City to take advantage of the 108 program with less risk than the $2m. Council Member Hernandez asked if there was any way to get rid of the risk of the City having to pay back those monies should they not be repaid 100%, short of not accepting the 108 monies? Mr. Steelman said they could not get rid of the risk. Council Member Patterson asked if the City would be penalized if we only took the $1 m? Mr. Steelman stated we were approved for $2m, but it was a negotiable amount and we would not be penalized. Council Member Martin stated that he had requested from previous city management a breakdown of over a three-year period of all the housing rehab individuals the City had done housing rehab for. He wanted a spreadsheet listing the location of the property, owner's name, amount of money and who referred them to our program. He asked Interim City Manager Gonzalez to furnish that as soon as possible as this would supply a default rate. 505 Regular City Council Meeting May 22, 2003 Page 506 Council Member Hernandez agreed with this request and Mayor McDougal asked that the information be furnished at the June 11, 2003 work session. 4:30 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Patterson made a motion to adjourn. PUBLIC HEARING 2:41 P.M. (79.) Hold a Public Hearing to consider Council action regarding the Citizens Traffic Commission denial of an appeal to stop "No Parking 8 a.m. to 5 p.m., Monday -Friday" sign installation in the 3300 block of 671h Street. This item was considered following Item 70. Mayor McDougal opened the public hearing at 2:41 p. m. Those speaking in favor of CTC's denial of the appeal were as follows: Roy Middleton, 3403 — 73`d Those speaking against CTC's denial of the appeal were as follows: David Haladay, 2121-B S. Loop 289 Dorothy Boyett, 5226 73`d Street Dr. Jewell Davis, 4621 84`h Street Lawrence D'Souza, 5529 — 91s` Street Wayne Kreller, 3512 — 57`h Street Judy Kreller, 3512 — 571h Street Jennie Ketchem, 3423 — 60`h Street Carl Toti, 7002 Canton Avenue Skeet Workman 3507 Nightengale Charlotte Canizales, 5018 — 61 sc Street Elizabeth Pruett, 7206 — 77`h Street Gina Becker, 7706 Louisville Joe Grimes, P. O. Box 45, Wolfforth, Texas Mayor McDougal closed the hearing at 3:35 p. in. On January 24, 2003, City Manager, Bob Cass met with Roy Middleton indicating he had lost two prospective tenants in his building (3306 671h St.) due to the continual presence of the anti -abortion protestors, the graphic nature of photographic signs placed on the vehicles of the protestors, and occasional parking problems created by the presence of the protestors' cars. According to Mr. Middleton, abortions are performed in the facility located at 3302 67`h Street once or twice per week and the protestors typically show up on those days. On March 11, 2003, in accordance with City policy and City Code Section 16-4 and 16-236, 80% of the businesses on both sides of the 3300 block of 67`h Street signed and presented a petition to staff. On March 27, 2003, while staff was marking the street for the signs, one of the protestors, Mrs. Dorothy Boyett, R.N., asked staff what they were doing, and subsequently called the City Traffic Engineer to appeal the City's action. The Citizens Traffic Commission upheld staff s proposed action at its April 15, 2003 meeting. A prior request on August 19, 1998' for no parking on both sides did not meet the 80% rule on the north side. On April 23, 1999, signs were installed on the south side. On April 7, 2000, staff received a letter and petition signed by most of the current petitioners requesting the "No Parking" signs be removed due to problems with the patrons of the abortion facility parking in their parking lots. No parking signs were removed April 25, 2000. On April 15, 2003, the Citizens Traffic Commission denied the appeal to stop "No Parking 8 a.m. to 5 p.m., Monday -Friday" sign installation in the 3300 block of 67th Street basing their decision primarily on the issue of 506 Regular City Council Meeting May 22, 2003 Page 507 property rights and applying City Code and Policy uniformly throughout the City. Action to uphold or overturn Citizens Traffic Commission denial of appeal to stop "No Parking 8 a.m. to 5 p.m., Monday -Friday" sign installation in the 3300 block of 67th Street. (80.) On January 24, 2003, City Manager, Bob Cass met with Roy Middleton indicating he had lost two prospective tenants in his building (3306 67`h St.) due to the continual presence of the anti -abortion protestors, the graphic nature of photographic signs placed on the vehicles of the protestors, and occasional parking problems created by the presence of the protestors' cars. According to Mr. Middleton, abortions are performed in the facility located at 3302 6701 Street once or twice per week and the protestors typically show up on those days. On March 11, 2003, in accordance with City policy and City Code Section 16-4 and 16-236, 80% of the businesses on both sides of the 3300 block of 67`h Street signed and presented a petition to staff. On March 27, 2003, while staff was marking the street for the signs, one of the protestors, Mrs. Dorothy Boyett, R.N., asked staff what they were doing, and subsequently called the City Traffic Engineer to appeal the City's action. The Citizens Traffic Commission upheld staff's proposed action at its April 15, 2003 meeting. A prior request on August 19, 1998 for no parking on both sides did not meet the 80% rule on the north side. On April 23, 1999, signs were installed on the south side. On April 7, 2000, staff received a letter and petition signed by most of the current petitioners requesting the "No Parking" signs be removed due to problems with the patrons of the abortion facility parking in their parking lots. No parking signs were removed April 25, 2000. On April 15, 2003, the Citizens Traffic Commission denied the appeal to stop "No Parking 8 a.m. to 5 p.m., Monday -Friday" sign installation in the 3300 block of 67`h Street basing their decision primarily on the issue of property rights and applying City Code and Policy uniformly throughout the City. Jere Hart, City Traffic Engineer, gave staff comments. Council Member Boren stated he looked at this issue as a First Amendment right to speak and park. He further stated he did not want to do anything to limit people's ability to use the streets and sidewalks to protest. Council Member Hernandez stated he did not look at this as a freedom of assembly, speech or a right to choose issue. He felt this was a safety and traffic issue. Council Member Hernandez did not feel the burden of proof had been met. Council Member Patterson stated you have to stand up for what you believe in and not give up. Council Member Morrison requested that Police Chief Claude Jones provide insight on safety and traffic congestion issues as addressed. Chief Jones stated there had not really been traffic congestion problems. Usually, it was protestor issues. Council Member Morrison felt this was a freedom of speech issue. Motion was made by Council Member Boren, seconded by Council Member Martin to overturn the Citizens Traffic Commission to install 8:00 a.m. to 5:00 p.m. Monday -Friday signs at the 3300 block of 67`h Street. Motion carried: 6 Yeas, 0 Nays. Council Member Gilbreath recused himself. 507 Regular City Council Meeting May 22, 2003 Page 508 The next item considered was Item 75. Read and approved this day of CibbW , 2005. 508