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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/19/2003CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JUNE 19, 2003 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 19th day of June, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers,1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Tom Martin, Council Member Frank W. Morrison, and Council Member T.J. Patterson Absent: Council Member Jim Gilbreath CITIZEN COMMENTS Four citizens expressed comments to the Council. They were: Delmer Lee Wilson requested that his name be taken off of the Channel 2 Sex Offenders list. Stacie White, Mr. Wilson's daughter, spoke on behalf of her father. Elmer Leon Wilson, Mr. Wilson's twin brother, also spoke on his behalf. Stephanie Allison, Broadway Festivals, presented Council with t-shirts and invitations to the Fourth on Broadway event. EXECUTIVE SESSION Mayor McDougal stated: "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, economic development prospects and to review certified agenda from the prior executive session as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:55 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present, except Council Member Gilbreath. ( 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, First Assistant City Attorney and City Attorney staff). (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, 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. Regular City Council Meeting June 19, 2003 Page 574 to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency. to discuss, deliberate and take final action on a competitive matter regarding a professional services agreement for legal services provided in relation to strategic and operational issues associated with Lubbock Power and Light. to discuss, deliberate and take final action on a competitive matter regarding plans or contracts related to the repair, overhaul and service of generation assets/facilities. to discuss, deliberate and take final action on a competitive matter regarding plans or contracts related to the acquisition, interconnection and construction of transmission/distribution equipment and facilities. to deliberate, vote and take final action on a competitive matter regarding natural gas supply, service and transportation contracts and amendments thereto by the City of Lubbock. to deliberate, vote and take final action on a competitive matter regarding wholesale power and supply memberships and contracts for Lubbock Power & Light. to deliberate, vote and take final action on a competitive matter regarding marketing and advertising agreements related to retail energy sales by the City of Lubbock's electric utility, Lubbock Power & Light. (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (City Manager, Human Resources, Information Technology, Management Services, Planning, LP&L and Police Department). ( 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: Audit Committee Board of Electrical Examiners Community Relations Task Force Electric Utility Board Keep Lubbock Beautiful Lubbock Metropolitan Planning Organization (LMPO) Ordinance Review Committee Policy Review Committee Reese Redevelopment Authority Youth Commission — Adults Youth Commission - Students Zoning Board of Adjustment ( 5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Right of Way Department and Water Utilities). 574 Regular City Council Meeting June 19, 2003 Page 575 (6.) 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). (7.) 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). 9:50 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson; Tommy Gonzalez, Interim City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Council Member Gilbreath Mayor McDougal called the meeting to order at 9:50 A. M. ( 8.) Invocation by Lanny Hemmings, Senior Minister, Raintree Christian Church. (9.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. CITIZEN APPEARANCES (10.) Recognize Freddy Reyna, new appointee to Lubbock Housing Authority. Lubbock Housing Authority has seven members. All are appointed directly by the Mayor, per Texas Housing Authority Law (Texas Local Government Code 392.0331), without confirmation from City Council. The Mayor appointed Freddy Reyna to fill a new position. Mr. Reyna was present for the recognition. (11.) Presentation of a Proclamation to the Juneteenth Celebration Committee commemorating June 18-23, 2003 as Lubbock Emancipation Juneteenth Days. Lubbock has officially celebrated Juneteenth for the past 23 years. On June 19, 1865, Major General Gordon Granger landed at Galveston Bay, Texas, and proclaimed that all slaves are free with absolute equality of rights of property between masters and slaves, as outlined in the Emancipation Proclamation and issue in General Order No. 3. This announcement sparked spontaneous freedom celebrations across Texas and the Southwest and is still celebrated today. Events will include an opening reception, banquet by Delta Sigma Theta Sorority honoring the "Man and Woman of the Year", Freedom Parade, religious service and the "76`h Freedom Drugs, Gangs, and Violence March" led by Council Member Patterson. Eddie Richardson, President of the Juneteenth Celebration Committee, and three members of the Committee, were present to accept a proclamation commemorating June 18-23, 2003, as Lubbock Emancipation Juneteenth Days. 575 Regular City Council Meeting June 19, 2003 Page 576 CONSENT AGENDA (Nos. 12 — 20) Motion was made by Council Member Hernandez, seconded by Council Member Morrison to approve Items 12-20 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (12.) Ordinance #2003-00061 - Abandoning and closing portions of 5ch Street, 6rh 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 5ch 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. (13.) Ordinance #2003-00064 Abandoning and closing a 20 foot alley located Lot 1, Two Six's Industrial park Addition to the City of Lubbock 6702 Upland Avenue). ORDINANCE NO.2003-00064 AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT ALLEY LOCATED IN LOT 1, TWO SIX'S INDUSTRIAL PARK, AN 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. (14.) Ordinance #2003-00065 To amend Chapter 12 of the Code of Ordinances of the City of Lubbock, Texas, with regard to definitions; adoption of manufacturing practice and warehouse practice food rules; inspections; issuance of permits and fees; providing a savings clause; providing a penalty; and providing for publication. ORDINANCE NO.2003-00065 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DEFINTIONS; ADOPTION OF MANUFACTURING PRACTICE AND WAREHOUSE PRACTICE FOOD RULES; INSPECTIONS; ISSUANCE OF PERMITS AND FEES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (15.) Ordinance No. 2003-00066 amending Chapter 9, Electric Utility, by adding Article III, Sections 9-30 through 9-36 providing for the installation and cost recovery for electric utilities providing underground electric utility distribution service for residential developments when five or more contiguous lots are scheduled for immediate development. 576 Regular City Council Meeting June 19, 2003 Page 577 ORDINANCE NO.2003-00066 AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY ADDING ARTICLE III, SECTIONS 9-30 THROUGH 9-36 TO THE CODE OF ORDINANCES OF THE CITY OF �UBBOCK BY PROVIDING INSTALLATION AND COST RECOVERY FOR ELECTRIC UTILITIES PROVIDING UNDERGROUND ELECTRIC UTILITY DISTRIBUTION SERVICE FOR NEW RESIDENTIAL DEVELOPMENTS WHEN FIVE OR MORE CONTIGUOUS LOTS ARE SCHEDULED FOR IMMEDIATE DEVELOPMENT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. For many years, LP&L and its competition have been providing residential underground electric service in Lubbock at no charge to developers. This is a rare situation in the electric utility business, as the vast majority of all electric utility companies charge for this service. The competition charges for this service outside of Lubbock. This ordinance requires all electric utilities operating within Lubbock to begin charging for this service. The cost will be phased in according to the cost schedule listed in the ordinance until 2007, when the cost will be the utility's actual expenses for providing underground residential utility service. This ordinance also allows developers to mitigate some of the cost by receiving a credit for providing the ditching services and installing the cables, service pedestals and transformer pads. Staff recommended approval of the first reading of this ordinance. Bernie Gradel, Chairman of Land Use and Developers Council of the West Texas Home Builders, commended the City and LP&L for the way they have handled this transition. Also recognized were Interim City Manager Tommy Gonzalez, Director of Electric Utilities Carroll McDonald, Gary Zheng with LP&L and their staff. (16.) Resolution No. 2003-RO240 authorizing the Mayor to execute an Interlocal Cooperative Agreement between the City of Lubbock and Texas Tech University for the Park and Ride Lot. RESOLUTION NO.2003-RO240 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute on behalf of the City of Lubbock an Interlocal Cooperative Agreement for construction of a Park & Ride facility with Texas Tech University, and any associated documents, which Interlocal Cooperative Agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. 577 Regular City Council Meeting June 19, 2003 Page 578 Passed by the City Council this 19th day of June, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director of Planning and Transportation APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Interlocal Cooperative Agreement is filed with Resolution No. 2003- R0240. This agreement between the City of Lubbock/Citibus and Texas Tech University is for the construction of a Park and Ride Lot on the University campus. The design and construction of the Park and Ride Lot will be funded by Federal Transit Administration (FTA) grant #TX-03-0226-00 and FTA grant #TX-03-0237-00. The grants have been approved and executed by the City at previous City Council meetings. The University will be responsible for the construction and maintenance of the Park & Ride Lot. Once the lot is completed, Citibus will shuttle students, faculty, staff and visitors to the campus. FISCAL IMPACT Acceptance of the contract will result in no additional cost to the City of Lubbock. Citibus recommended approval of this resolution. (17.) Resolution No. 2003-RO241 authorizing the Mayor to execute an agreement between the City of Lubbock and International RAM Associates —a contractor to the airlines and the Transportation Security Administration (TSA)—for lease space for skycap services and screening support at Lubbock International Airport. RESOLUTION NO.2003-RO241 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement with International RAM Associates for office space at 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. 578 Regular City Council Meeting June 19, 2003 Page 579 Passed 9 the City Council this 19th day of June, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ ebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ ark Earle Mar Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2003-R0241. International RAM Associates is the contractor for skycap services and screening support with the airlines and the TSA at Lubbock International Airport. International RAM Associates is requesting to lease 159 square feet of office space in Baggage Claim #1 for use as an administrative office. The lease has an initial term of one year and may continue thereafter on an annual basis. FISCAL IMPACT The monthly rent to the City for the leased premises will be $204.58 equaling $2,454.96 per year. The Airport Board recommended approval of this resolution. Staff also recommended approval. (18.) Resolution No. 2003-RO242 authorizing the Mayor to execute an amendment to an Agreement for Water and Sanitary Sewer Installation Services (ITB #00-097) with H.D. Weaver Ditching Services, Inc. RESOLUTION NO.2003-RO242 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to an Agreement for Water and Sanitary Sewer Installation Services (ITB #00-097) with H.D. Weaver Ditching Services, Inc., and any associated documents, to extend the term of said Agreement to October 21, 2003, a copy of which Amendment 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. 579 Regular City Council Meeting June 19, 2003 Page 580 Passed by the City Council this 19th day of June, 2003. /S/ MARC MCD DUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2003-R0242. Staff is currently soliciting bids (ITB #078-03) for annual pricing for Water and Sanitary Sewer Installation Services and additional time is required to complete the bid process. Services include installation of the following: • sewer and water taps; • water lines and valves; • fire hydrants; • sanitary sewer lines and manholes; and • boring and casing. Materials will be supplied by the City of Lubbock and installed by the contractor, as necessary for timely completion of various construction projects and water tap installations for the Water Utilities Department. In an effort to allow adequate time to address additional questions by potential bidders, staff requested that City Council amend the current agreement with H.D. Weaver Ditching Services to extend the agreement 90 days. The current agreement expires July 23, 2003 and this amendment will provide the City with uninterrupted services until a new agreement can be awarded. FISCAL IMPACT All provisions of said agreement, other than that amended, shall remain in full force and effect as originally written. Staff recommended approval of this resolution. (19.) Resolution No. 2003-R0243/BID #064-03/RS —for 121kV and 242kV Circuit Breakers (Electric Distribution) RESOLUTION NO.2003-RO243 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for 121 kV and 242kV circuit breakers, by and between the City of Lubbock and Siemens Power T&D, Inc. of Jackson, Mississippi and related documents. Said Purchase Order is 580 Regular City Council Meeting June 19, 2003 Page 581 attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of June, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Reb cca Garza, City Secretary APPROVED AS TO CONTENT: /s/ )Iictor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Amy Sims Ami Sims, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2003-R0243. This bid is for the purchase of eight 121kV circuit breakers and one 242kV circuit breaker that will be installed at the new LP&L Southeast Substation and will provide transmission line protection to the Xcel Energy interconnect. The new Southeast Substation is required to meet system growth and will provide an additional interconnect with Xcel Energy. Twenty-seven local businesses were notified of this Invitation to Bid. This bidder has agreed to sell this item to other governmental entities that have cooperative purchasing agreements with the City of Lubbock. FISCAL IMPACT A total of $2,500,000 was appropriated and $510,000 is available in Project #213.90261 (System Capital Outlay -Southeast Substation) for this purpose. Award bid to Siemens Power T&D, Inc. of Jackson, Mississippi for $430,896, or such alternative action as the City Council may deem appropriate. (20.) Resolution No. 2003-R0244/BID #074-03/RS — for Street Drainage Dip Reconstruction — Phase II (Street Drainage Engineering) RESOLUTION NO.2003-RO244 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 Street —' Drainage Dip Reconstruction — Phase II, by and between the City of Lubbock and Allen Butler Construction, Inc. of Ransom Canyon, 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. 581 Regular City Council Meeting June 19, 2003 Page 582 Passed by the City Council this 19th day of June, 2004. /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/ Am Sims Amy Sims, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 19th day of June, 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 Allen Butler Construction, Inc., of the City of Ransom Canyon, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements — hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #074-03/RS - STREET DRAINAGE DIP RECONSTRUCTION - PHASE II - $289,432.20 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on — account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 582 Regular City Council Meeting June 19, 2003 Page 583 ATTEST: /s/ gebecca Garza Sec tary APPROVED AS TO CONTENT: /s/ Hertel O er's Representative A7ROVED AS TO FORM: /s/ Ikon Vandiver City Attorney ATTEST: Corporate Secretary /s/ Maralyn Butler I CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR C41001, 7.,T4"$ M Allen Butler Construction, Inc. By: /s/ Allen Butler PRINTED NAME: Allen Butler TITLE: President COMPLETE ADDRESS: Allen Butler Construction, Inc. #24 South Lakeshore Drive Ransom Canyon, TX 79366 Asphalt dip sections holding water at 42 locations will be removed and replaced with concrete valley gutters. Displaced asphalt in asphalt dips holds water and deteriorates the pavement. Installation of concrete valley gutters will aid drainage to flow across intersections. The concrete will decrease deterioration of the asphalt intersection and decrease maintenance by the Street Department. Time for completion of this project is 75 working days and liquidated damages is $200 per day. Forty-one local contractors were notified of this Invitation to Bid. FISCAL IMPACT A total of $500,000 was appropriated and $402,340 is available in project number 90096 (Dip Reconstruction) for this purpose. Award contract to Allen Butler Construction, Inc. of Ransom Canyon, Texas for $289,432.20, or such alternative action as the City Council may deem appropriate. The next item considered was Item 27. PUBLIC HEARINGS 10:35 A. M. Zoning Item 21 was first item after Council reconvened at 10:35 A. M. (21.) Ordinance No. 2003-00069 - ZONE CASE NO. 2975 (5102, 5104, and 5106 Aberdeen Ave. and 5115, 5117, 5119, and 5121 Albany Ave.): Hold a public hearing to consider request of Gerald Long for Buslon, Inc. for a zoning change from A-1 to C-4 Specific Use for mini - warehouses on Lots 17-24, Buster Long Addition. This item was considered following Item 33. 583 Regular City Council Meeting June 19, 2003 Page 584 ORDINANCE NO.2003-00069 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2975; A ZONING CHANGE FROM A-1 TO C-4 SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON LOTS 17-24, BUSTER LONG ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:35 a. m. No one appeared on behalf of Bushlon, Inc. No one appeared in opposition. _ Mayor McDougal closed the hearing at 10:36 a. m. The property is in an area that has been "out of sight and out of mind", since the 1970's. The use of the off -the -beaten -path parcels for the mini -warehouse development has been successful in several places. Two office occupants on 50'' Street submitted letters of opposition. The parking lots and the backside of those office buildings are adjacent to 51". The office and "front" of the proposed mini -warehouse project will be across the street. In addition, two new single-family homes are located on lots to the south. They are a permitted use in the current A-1 district, but are located out of context with the area. Adjacent land uses: N — vacant/commercial S — vacant/zoned A-1 E — commercial W — apartments The proposal is not consistent with the current Comprehensive Land Use Plan. The area is noted as high -density residential (apartments). The location is not inconsistent with the policies of the Plan for "commercial". Included in the motion by the Planning Commission was a minor amendment to the Plan. The proposed use is a low traffic generator and has proven a good infill for land that is behind commercial tracts that front thoroughfares. The site plan indicates a ten -foot setback on the perimeter solid screening fence. The entire compound is screened with the fence, with the exception of the office area and gates on 5 1 " Street. The landscaping is limited to the perimeter of the site versus the standard 5% of the parcel. The Planning and Zoning Commission recommended approval of this Ordinance. Staff supported recommendation of the Planning Commission. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00069 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (22.) Ordinance No. 2003-00070 - ZONE CASE NO. 2976 (2701 Clovis Road): Hold a public hearing to consider request of Guadalupe Economic Services for a zoning change from R-1 to C-3 on an unplatted 0.36-acre tract of land out of Section 17, Block A. 584 Regular City Council Meeting June 19, 2003 Page 585 ORDINANCE NO.2003-00070 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2976; A ZONING CHANGE FROM R-1 TO C-3 ZONING ON AN UNPLATTED 0.36 ACRE TRACT OF LAND OUT OF SECTION 17, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. _ Mayor McDougal opened the public hearing at 10:35 a. in. No one appeared on behalf of Guadalupe Economic Services. No one appeared in opposition. Mayor McDougal closed the hearing at 10:36 a. in. The parcel is located at the tip of the intersection of Clovis Road with Erskine, the site of a former motel. For some reason, the parcel was never zoned. The current owner is simply bringing the zoning into line with the zoning of adjacent parcels. Adjacent land use: N — Clovis Highway, industrial S — commercial and residential E — commercial W — commercial The request is consistent with both the Comprehensive Land Use Plan and zoning policy. The current use will have no adverse effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this ordinance. Staff supported the recommendation of the Planning Commission. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00070 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (23.) Ordinance No. 2003-00071 - ZONE CASE NO. 2458-D (north of Erskine Street and east of Quaker Ave.): Hold a public hearing to consider request of Erskine 22, L.L.C. for a zoning change from R-1 to A-2 on an unplatted 14.68 tract of land out of Section 18, Block A. FIRST READ ONLY ORDINANCE NO. 2003-00071 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2458-D; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON AN UNPLATTED 14.68 TRACT OF LAND OUT OF SECTION 18, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAYINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:35 a. in. No one appeared on behalf of Erskine 22, L.L.C. No one appeared in opposition. Mayor McDougal closed the hearing at 10:36 a. in. The request will accommodate an apartment development north of Erskine and east of Quaker Avenue, adjacent to Loop 289. 585 Regular City Council Meeting June 19, 2003 Page 586 Adjacent land uses: N — vacant S — Texas Tech University E — vacant, a playa and two older residences W — vacant property The proposal is consistent with both the Comprehensive Land Use Plan and zoning policy. This entire triangle formed by the Loop, Erskine and Indiana, less commercial frontage on the Loop, is targeted for higher density residential. The project will have no greater than the expected effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this ordinance. Staff supported the recommendation of the Planning Commission. Randy Henson, Senior Planner, gave staff comments Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00071 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (24.) Ordinance No. 2003-00072 - ZONE CASE NO. 1542-S (6602 Quaker Ave.): Hold a public hearing to consider request of Blake Boyd for Citizens Bank for a zoning change from AM to C-2A for a full service bank with drive-thru windows on Tract B and the east 50 feet of Tract C, South Park Addition. ORDINANCE NO. 2003-00072 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1542-S; A ZONING CHANGE FROM AM TO C-2A ZONING ON TRACT B AND THE EAST 50 FEET OF TRACT C, SOUTH PARK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:35 a. in. No one appeared on behalf of Citizens Bank. No one appeared in opposition. Mayor McDougal closed the hearing at 10:36 a. m. The area west of Quaker, inside the Loop, was originally developed as a medical complex and is zoned AM. After the hospital closed, several of the parcels have changed uses. This particular location is targeted for a banking facility. An existing building has been removed from the property. Adjacent land uses: N — apartments S — the former hospital building E — offices east of Quaker W — medically related offices The request is consistent with the Comprehensive Land Use Plan. This parcel is designated as commercial on the Plan. The surrounding area remains designated as "public use" because of the former hospital. When the Plan was done years ago, the "as is" use was designated. At some point, we will propose a change to go "commercial", since the corner of the thoroughfare with the Loop is certainly a policy commercial area. The project will not have a negative effect on the thoroughfare system 586 Regular City Council Meeting June 19, 2003 Page 587 The Planning and Zoning Commission recommended approval of this ordinance, subject to the following condition. 1. That the project be limited to one drive return from Quaker Avenue. Staff supported the recommendation of the Planning Commission. Randy Henson, Senior Planner, gave staff comments Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00072 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (25.) Ordinance No. 2003-00073 - ZONE CASE NO. 2977 (3801 19" Street): Hold a public hearing to consider request of Graco Real Estate Development for Covenant Health Systems for a zoning change from C-3 and AM to C-2 on Block 1, Reeder Addition. ORDINANCE NO.2003-00073 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2977; A ZONING CHANGE FROM C-3 and AM TO C- 2 SPECIFIC USE ZONING ON BLOCK 1, REEDER ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:35 a. m. No one appeared on behalf of Graco Real Estate Development for Covenant Health Systems. No one appeared in opposition. Mayor McDougal closed the hearing at 10:36 a. in. This request will make the zoning common to the entire block between 19t' and 201h Streets. Currently, the area north of the former alley is commercial and the south half of the block is zoned AM. The site is proposed as retail and office. The existing building may be removed. Adjacent land use: N — 19`h street and Texas Tech University property S — medical E — commercial and medical W — commercial and medical The proposal is consistent with Comprehensive Land Use Plan principles. The area zoned AM now is within the policy medical district. It is the opinion of the staff, that we may see several sites on the perimeter of the medical district, and perhaps even several inside the district, request commercial versus AM to allow retail services that serve the concentration of medically related uses. Included in the Planning Commission motion is a minor change to the Comprehensive Plan. Redevelopment of the parcel may benefit the existing ingress and egress to — the site. The staff will work with the developer to have as little direct access to Memphis as possible, since the parcel is adjacent to the light at 19'' and Memphis. At this time, no development plan has been created for the site. The Planning and Zoning Commission recommended approval of this ordinance. Staff supported the recommendation of the Planning Commission. 587 Regular City Council Meeting June 19, 2003 Page 588 Randy Henson, Senior Planner, gave staff comments. He stated that the ordinance should read "C-2 Specific Use" and will be revised prior to the second reading. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00073 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (26.) Ordinance No. 2003-00074 - ZONE CASE NO. 2115-G (2419, 2421, and 2423 87th Street): Hold a public hearing to consider request of Craig Wallace Construction for Shelley Larken for a zoning change from C-2A to A-2 limited to a daycare on Lots 231-A, 232-A, and 232- B, Bicentennial Estates, and to consider ordinance. ORDINANCE NO.2003-00074 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2115-G; A ZONING CHANGE FROM C-2A TO A-2 ZONING LIMITED TO TO A DAYCARE, ON LOTS 231-A, 232-A, AND 232-13, BICENTENNIAL ESTATES, LUBBOCK, TEXAS; PROVIDING A PENALTY; AND SUBJECT TO A CONDITION, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:35 a. in. No one appeared on behalf of Craig Wallace Construction. No one appeared in opposition. Mayor McDougal closed the hearing at 10:36 a. in. The west end of this block face is the only remaining undeveloped property since the area to the east was rezoned back to R-2. The current C2A zoning on the parcel is limited to professional offices. Adjacent land uses: N — commercial S — residential E — residential (duplex units built by the person selling this parcel) W — University Ave, with commercial The proposal is compatible with the policies of the Comprehensive Land Use Plan and with zoning policies. The project will have no effect greater than anticipated on the thoroughfare system. The Planning and Zoning Commission recommended approval of this ordinance, subject to a condition: 1. That the use be limited to a daycare facility. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00074 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 10:42 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present, except Council Member Gilbreath. The next item considered was Item 40. 588 Regular City Council Meeting June 19, 2003 Page 589 (27.) Resolution No. 2003-RO245 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock, a Loan Agreement, and all related documents, between the City of Lubbock and Mr. David Mark Jones d.b.a. Greer Iron Works from the Economic Development Funds Program. This item was considered following Item 20. RESOLUTION NO.2003-RO245 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 Loan Agreement, by and between the City of Lubbock and Mr. David Mark Jones d.b.a. Greer Iron Works, from the Economic Development Funds Program 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 City Council. Passed by the City Council this 19th day of June, 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 Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0245. The Economic Development Subcommittee of the Community Development Services Board (CDSB) met and approved a packet submitted by Mr. David Mark Jones proposing the purchase of a building that would allow the relocation of Greer Iron Works. The subcommittee approved the loan for $110,000. The building to be purchased is located at 1117 N. Avenue T. Any funds remaining after the purchase are to be used for upgrades and improvements to the property and to subsidize the expenses incurred during the relocation of the business. The City of Lubbock will be placed as first lien holder for the property. FISCAL IMPACT The Economic Development Funds Program was established during a previous allocation of Community Development Block Grant (CDBG) funds. The purpose of the program is to provide needed capital for area businesses at a reduced interest rate. By agreeing to the terms of this loan, the business owner accepts his/her responsibility of retaining or creating one job for every $35,000 borrowed. This job must be made available to persons of low -to -moderate income. 589 Regular City Council Meeting June 19, 2003 Page 590 A copy of the Promissory Note was included in council backup. Community Development recommended approval of this resolution. Todd Steelman, Interim Community Development Director, gave staff comments. Motion was made by Council Member Martin, seconded by Council Member Hernandez to pass Resolution No. 2003-RO245 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (28.) Resolution No. 2003-RO246 authorizing the Mayor to execute a contract and all related documents for the Housing and Urban Development section 108 Loan Program that will be used to fund a city wide housing rehabilitation program. RESOLUTION NO.2003-RO246 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 application for the United States Dept. of Housing and Urban Development Section 108 Loan Program and all related documents. Said application is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of June, 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 Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the application is filed with Resolution No. 2003-R0246. At the May Council Work Session, the 108 loan was presented to see if staff should move forward with the contract. The idea presented was to reduce the loan to One Million dollars; thus, reducing the amount the City would be required to pay back. This would allow the City to use some of the CDBG funds in other areas such as Economic Development, while maintaining funds for the housing programs. At this meeting, Council asked staff to prepare a report regarding loan default rates to better evaluate the risk of the program. Council backup provided copies of this report with an overview of the delinquency rate for the past three years. This report showed scheduled payments vs. received payments from January 2000 to April 2003 and a list of the individual loans. 590 Regular City Council Meeting June 19, 2003 Page 591 FISCAL IMPACT No matching requirements. Community Development recommended approval of this resolution. Todd Steelman, Interim Community Development Director, gave staff comments. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass Resolution No. 2003-RO246 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (29.) Resolution No. 2003-RO247 authorizing the Mayor to execute a Memorandum of Understanding with WorkSource of the South Plains and Education Service Center Region XVII with regard to providing educational and workforce development services. RESOLUTION NO.2003-RO247 BE �T 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 Memorandum of Understanding to provide educational and workforce development services to residents of Lubbock County, by and between the City of Lubbock, WorkSource of the South Plains and the Adult Education Region XVII, and related documents. Said Memorandum 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. Pasoed by the City Council this 19th day of June, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Re a Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Ranoy Truesdell, Community Services Director APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Memorandum is filed with Resolution No. 2003-R0247. Upon approval of the agreement provided in council backup, WorkSource of the South Plains would provide furniture, computers, software and maintenance for adult education classes at the Mae Simmons and Copper Rawlings Community Centers. The Region XVII Education Service Center will provide the instructors for the classes. The City of Lubbock would provide space and internet access for the computers. WorkSource of the South Plains conducts adult education classes at the Bridges Learning Center at 1102 Broadway. They currently pay $5,000 per month for rent and utilities at this location. Due to potential cuts in Federal and State funding, WorkSource of the South Plains has requested 591 Regular City Council Meeting June 19, 2003 Page 592 the City of Lubbock to consider partnering with them for computer classes in the Community Centers. WorkSource would relocate the Learning Labs to the Mae Simmons Community Center and the Copper Rawlings Community Center. The computers will be available for Parks and Recreation classes, when not being used by WorkSource. Most of the adult classes will be held in the evenings and the Parks and Recreation Department will offer youth classes during the day. The computers at the existing Simmons Center are seven to eight years old and are in need of replacement. The lab at the Rawlings Center will be a new lab as there is currently not a computer lab at the Rawlings Center. The computers at the Bridges Learning Center are two years old with one and one-half years of warranty remaining. These computers may need to be replaced in 2005. At that time, the City and WorkSource will negotiate the cost of replacement for the computers. FISCAL IMPACT The City will realize a cost avoidance of approximately $46,000 by participating in this program. Approximately $36,000 is due to not having to purchase computers and software. The remaining $10,000 is for the instruction of the adult computer classes, which will be provided by Region XVII. In addition, this arrangement will save WorkSource $60,000 per year in rent and utilities. Furthermore, the collaboration will reduce duplication of services and provide for a more efficient delivery of computer training classes for the public, as well as provide a new computer education program at the Rawlings Center. Depending on the success of the program, the services may be expanded to other community centers. During the May 27, 2003 Parks and Recreation Advisory Board meeting, the Board recommended approval of this resolution. Randy Truesdell, Parks and Recreation Director, gave staff comments. He also introduced Marion Rojas, WorkSource and Johnny McLellan, Parks and Recreation Supervisor. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass Resolution No. 2003-RO247 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (30.) Ordinance No. 2003-00067 abandoning and closing two 20-foot alleys located in Blocks 87 and 128, Overton Addition and a portion of 9tn Street and loth Street between Avenue W and Avenue X in the Overton Addition to the (2302 9th Street). (First Reading) ORDINANCE NO.2003-00067 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF TWO 20 FOOT ALLEYS LOCATED IN BLOCKS 87 AND 128, OVERTON ADDITION AND A PORTION OF 9TH STREET AND IOTH STREET BETWEEN AVENUE X AND AVENUE W IN THE OVERTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK, LUBBOCK COUNTY, TEXAS, ALL OF WHICH ARE MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATON. These alley and street portions in the Overton Addition are being closed as part of the McDougal North Overton redevelopment project. The two and one-half blocks, which include the alley and street closures, are being replatted into Tract 4, Overton Park Addition. Since McDougal was not 592 Regular City Council Meeting June 19, 2003 Page 593, there the original dedicator of these streetda 10t' Street areea closebeing closed is ley areas will be a charge for them. The total 9 an 72,000 sq. ft. and the total area of the two alleyslased is 24,000ssgq. ft. This 2-1/2-block area, which will be replatted into Tract consof approximately 65% residential zoned properties and 35% apartment zoned properties. FISCAL IMPACT The Right -of -Way Department has come up with a value of $o0.16 for theresidential property and a value of $1.10 for the a apartment area equates to 65% X 96,000 sq. ft. (total streetYea being closed) = 62,400 sq. ft. X $00.16 = $9,984 for the residential zoned street and alley area and 35% X 96,000 sq. ft. = 33,600 Totaftvaluelfor the stree,960 tand for the apartment zoned street and alley area. alley area being closed is $46,944. In the replat, additional street area for 8`h street and four corner cutoffs will be dedicated containing a total of 12,325 sq. ft. and the area of � street a creditnll be dedicated as a Using a 65% value of $OO.g6 easement. These will be valued and a 35% value of $1.10 for the 12,325 sq. ft. street deditio, a a credit of will be given of $6,026.93 forhe street area dedications $8,802 for the drainage easement dedication on 9t' Street ($17,604(value of 9`h street closure) X 50%) for a total of $14,828.93. Therefore, $46,944.00 minus the credit of $14,828.93 = $32,115.07 due the City. The Right -of -Way Department recommended approval of the first reading of this ordinance. Ed Bucy, Right -of -Way Agent, gave comments. He stated this would not be brought back for second reading until there was one owner for this property and a plat was ready to be filed. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00067 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. (31.) Ordinance No. 2003-00068 abandoning and closing two 20-foot alleys located in Blocks 126 and 127, Overton Addition, portions of two 20- foot alleys located in Blocks 66 and 67, Overton Addition, 7th Street between Avenue W and Avenue X in the Overton Addition, a portion of 7th Street between Avenue W and Avenue V in the Overton Addition, and the portion of Avenue W between 6th Street and Bch Street in the Overton Addition to the (2302 7th Street). (First Reading) ORDINANCE NO. 2003-00068 AN ORDINANCE ABANDONING AND CLOSING TWO 20-FOOT ALLEYS LOCATED IN BLOCKS 126 AND 127, OVERTON ADDITION, PORTIONS OF TWO 20-FOOT ALLEYS LOCATED IN BLOCKS 66 AND 67, OVERTON ADDITION, AVENUE W BETWEEN 6TH STREET AND 8TH STREET IN THE OVERTON ADDITION, 70' STREET BETWEEN AVENUE X AND AVENUE W IN THP, OVERTON ADDITION, AND A PORTION OF 70' STREET BETWEEN AVENUE W AND AVENUE V IN THE OVERTON 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. 593 Regular City Council Meeting June 19, 2003 Page 594 These alley and street portions in the Overton Addition are being closed as Part of the McDougal North Overton redevelopment project. The two blocks and the portion of two blocks, which include the alley and street Closures, are being replatted into Tract 5 and Tract 7, Overton Park Addition. Since McDougal was not the original dedicator of the street and alley areas being closed, there will be a charge for them. The total area of 7th street and Avenue W being closed is 78,999.80 sq. ft. and the total area of the two alleys and the two alley portions being closed is 32,333.20 sq. ft. This four -block area, which will be replatted into Tract 5 and Tract 7, consists of approximately 86% residential zoned properties and 14% apartment zoned properties. FISCAL IMPACT The Right -of -Way Department has come up with a value of $0.16 for the residential property and a value of $1.10 for the apartment property. equated to 86% X H 1,333 sq. ft. (total street and alley area beng closed) = 95,746.38 sq. ft. X $00.16 = $15,319.42 for the residential zoned street and alley area and 14% X 111,333 sq. ft. = 15,586.62 sq. ft. X $1.10 = $17,145.28 for the apartment zoned street and alley area. Total value for the street and alley area being closed is $32,464.70. In the replat, additional street area for 6a' street, 8 h street, Waco Avenue, Avenue W and six corner cutoffs will be dedicated containing a total of 81,744.99 sq. ft. and the area of Avenue W being closed will be dedicated as a drainage easement. These will be valued as a credit. Using an 86% value of $00.16 and a 14% value of $1.10 for the 81,744.99 sq. ft. street dedications, a credit will be given of $23,836.84 for the street area dedications and a credit of $2,556.61 for the drainage easement dedication for a total of $26,393.45. Therefore, $32,464.70 minus the credit of $26,393.45 = $6,071.25 due the City. The Right -of -Way Department recommended approval of the first reading of this ordinance. Ed Bucy, Right -of -Way Agent, gave comments. He stated this would not be brought back for second reading until there was one owner for this property and a plat was ready to be filed. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00068 as recommended by staff: Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. (32.) Resolution No. 2003-RO248 approving a professional services contract with Don Vandiver, retiring First Assistant City Attorney. RESOLUTION NO.2003-RO248 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Services Agreement with Donald G. Vandiver for "Of Counsel' legal services to the City of Lubbock on a part time temporary basis, 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. 594 Regular City Council Meeting June 19, 2003 Page 595 Passed by the City Council this 19th day of June, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED: /s/ Anita Burgess Anita Burgess, City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0248. Don Vandiver, First Assistant City Attorney, is retiring from the City of Lubbock after 31 years of dedicated service. The effective date of his retirement is June 30, 2003. At the request of the City Attorney, Mr. Vandiver has agreed that he will provide legal services to the City of Lubbock on a part-time and temporary basis. Mr. Vandiver's extraordinary legal skills, professional competence, and dedication to the organization make him a valuable asset to the City and it is in the best interest of the organization to draw on this resource. There are restrictions under the state law retirement provisions limiting the number of hours a retired employee may provide to the city from which he retired, if the retiree is serving as an employee. There is no such restriction for independent contractors. The Professional Services Contract has been drawn so as not to create a relationship of employer/employee, but rather to designate Mr. Vandiver as an independent contractor providing professional services to the City. FISCAL IMPACT The City Attorney plans to use Mr. Vandiver's services regularly for 20 hours per week, and potentially for up to 30 hours per week for special projects. The Contract price for services is 90% of Mr. Vandiver's current hourly rate and will result in savings of a portion of his salary to the City Attorney's office. The City Attorney recommended the approval of this Professional Services Contract. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2003-R0248 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (33.) Resolution No. 2003-R to authorize the Mayor to execute Agreements by and between Palmer and Cay of Texas, LLC. and the to provide Property/Casualty Insurance Broker and Consulting Services. This item failed. The City of Lubbock entered into an agreement with Palmer and Cay of Texas, LLC on June 27, 2002. The agreement allowed for two additional one-year terms. If council approves this recommendation, this will be the second year of a potential three-year agreement. 595 Regular City Council Meeting June 19, 2003 Page 596 Insurance rates continue to rise and be in the spotlight. The City of Lubbock is paying in excess of $3,596,000 in insurance premiums in this current fiscal year. This amount represents an approximate 3 1 % increase from the $2,727,000 paid in fiscal year '02. With a 3 1 % increase, net savings to the City of Lubbock by entering into the broker agreement totaled $102,139. Continuing the agreement for a Property/Casualty Insurance Broker and Consulting Service allows the City to approach a broader insurance market, have more economies of scale and bundle or unbundled the products in the most desirable fashion and save continued money on commissions. At the request of Council, staff canvassed the local agent market and found fifteen agents that believe they have the market capability to place the City of Lubbock business and would be interested in receiving a request for proposal. Staff recommended that at Council discretion, staff either rebid the Broker of Record services or renew the contract with Palmer and Cay of Texas, LLC. To provide Property/Casualty Insurance Broker and Consulting Service from June 27, 2003 through June 26, 2004. Motion was made by Council Member Morrison, seconded by Council Member Hernandez to pass this resolution as recommended by staff. Council Member Martin asked Leisa Hutcheson, Risk Management Manager, why this was brought before Council for Palmer and Cay and not as requested by Council on June 12, 2003 to contact local agents. Ms. Hutcheson stated they were instructed to bring the information back to the Council meeting, which they had attempted to do. Council Member Martin stated he understood that, but a motion was on the floor to renew with Palmer and Cay. Ms. Hutcheson stated she had discussed this with Victor Kilman, Purchasing Agent, and the earliest they would be able to bring back a new proposal of broker services would be the second meeting of July. It takes approximately sixty days for the agent to get information to market our account. The next meeting this could be brought back to Council would be September 18, 2003. Quincy White, Assistant City Manager, informed Council that the caption for this resolution was in error and should have read "rebid or approve" the contract with the current broker. Council Member Morrison withdrew his motion and Council Member Hernandez withdrew his second. Motion was made by Council Member Martin, seconded by Council Member Hernandez to rebid this service. Motion carried: 6 Yeas, 0 Nays. 10:30 A. M. CITY COUNCIL RECESSED 10:35 A. M. CITY COUNCIL RECONVENED IN REGULAR SESSION The next item considered was Item 21. BOARD APPOINTMENTS Item 40 was the first item considered after Council reconvened at 1:35 P. M. Council Members Gilbreath and Hernandez were absent. 596 Regular City Council Meeting June 19, 2003 Page 597 (34.) Consider three appointments to Civic Lubbock, Inc. This item was considered following Item 40. Motion was made by Council Member Martin, seconded by Council Member Boren to appoint D. Murray Hensley, Jane Henry and Jim White. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 37. (35.) Consider seven appointments to Community Relations Task Force This item was deleted. (36.) Consider seven appointments to Youth Commission - Adults This item was considered following Item 39 and was the last item of Regular Session. Motion was made by Council Member Martin, seconded by Council Member Boren to appoint T. J. Patterson and Rhonda Cox to the Youth Commission - Adults. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 44. 1:37 P.M. COUNCIL RECESSED TO WORK SESSION (37.) Consider one appointment to the Transportation Policy Committee for the Lubbock Metropolitan Planning Organization. This item was considered following Item 34. The Lubbock Metropolitan Planning Organization was established to work in conjunction with the City of Lubbock, Lubbock County and the Texas Department of Transportation to develop a coordinated, consistent road system. The Transportation Policy Committee (TCP) is the policy -making group, approving transportation plans and programs that involve federal funding issues. The City Of Lubbock representative to the Transportation Policy Committee of the Lubbock Metropolitan Planning Organization (Randy Neugebauer) has resigned and needs to be replaced. The City Of Lubbock has four representatives on the Transportation Policy Committee. They include two elected officials (Victor Hernandez and Tom Martin), a City Of Lubbock representative (formerly Mr. Randy Neugebauer), and the Interim City Manager for the City Of Lubbock (Tommy Gonzalez). The Lubbock Metropolitan Planning Organization is requesting that the Lubbock City Council appoint a representative to replace Randy Neugebauer on the Transportation Policy Committee. Motion was made by Council Member Martin, seconded by Council Member Boren to appoint Frank Morrison to the Transportation Policy Committee for the Lubbock Metropolitan Planning Organization. Motion carried: 5 Yeas, 0 Nays. 597 Regular City Council Meeting June 19, 2003 Page 598 (38•) Consider four appointments to the Ordinance Review Committee. Motion was made by Council Member Martin, seconded by Council Member Boren to appoint Clayton Yeager, Mark McBrayer, Dub Mantooth and Marjorie Manning to the Ordinance Review Committee. Motion carried: 5 Yeas, 0 Nays. (39.) Consider three appointments to the Policy Review Committee. Motion was made by Council Member Martin, seconded by Council Member Boren to appoint Jan Campbell, Julio Llanas and Liz Sisco to the Policy Review Committee. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 36. 1:35 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers All council members were present except Council Members Gilbreath and Hernandez. (40.) Consider appointments to the Audit Committee. This item was considered following Item 26 and first item after Council reconvened at 1:35 P. M. Motion was made by Council Member Martin, seconded by Council Member Boren to appoint Mike Epps to the Audit Committee. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 34. 1:38 P.M. CITY COUNCIL WORK SESSION CONVENED Present: Mayor Marc McDougal, Council Member Gary O. Boren, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson; Tommy Gonzalez, Interim City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Council Members Gilbreath and Hernandez First Work Session item considered was 44. Council Member Hernandez arrived at 1:43 P. M. (41.) Presentation from the Interim City Manager regarding core city services. Tommy Gonzalez, Interim City Manager. This item was considered following Item 42. In preparation for the 2003-2004 budget process, Interim City Manager Tommy Gonzalez made a presentation regarding Core City Services. He stated he was seeking direction from Council as to funding priorities. Mr. Gonzalez used a triangle to identify his concept of. Wants/Needs/Core. A copy of this information was provided in council backup. This information was put together by budget and is being considered in the proposed budget. This was also done for council feedback. Core would be police, fire, streets, emergency services and others. Core could be cut slightly, but not as much as needs and wants. 598 Regular City Council Meeting June 19, 2003 Page 599 Mr. Gonzalez stated the City would need to come up with approximately $7 to make up for what is not coming in from LP&L. However, he said we would have money coming in from new construction. There were also some ongoing cuts made previously. Council Member Hernandez stated he thought environmental compliance and emergency management should be moved from needs to core. He asked for greater details in terms of what this information means, even within the different subheadings. _ Council Member Morrison asked for the chart to be broken out to identify general funds versus other funds. He stated he was going to highlight areas where he questioned their placement in the chart. Mr. Gonzalez said he appreciated this and would like to have the feedback in writing. Council Member Martin stated that since the budget workshop/work sessions were in place, he would like to have an email from Mr. Gonzalez letting Council know what would be discussed on each of the dates. The next item considered was Item 43. (42.) Presentation from the Interim City Manager regarding Council Six Month Operations Plan. Tommy Gonzalez, Interim City Manager. This item was considered following Item 44. Tommy Gonzalez, Interim City Manager, has spent the last 45 days touring the City with Council. Each Council member provided him with a list of needs and goals for their district. Each City Department submitted a list of the short-term goals and objectives that they had identified. The Council objectives and the departments' objectives have been combined into a 6-month Operations Plan. The purpose of this plan is to give City staff specific operational direction for the next 6 — 9 months. Tommy Gonzalez, Interim City Manager, made the presentation regarding Council Six Month Operations Plan. Over the course of the last ninety days, staff has been working on three majors areas: 1) improving City's financial position; 2) ratcheting up the level of accountability at City Hall; and 3) improving communication internally and externally. The City has made up over $16m in cuts. Some were one-time savings. Also, the truth in budget concept was opened up during the revised budget presented to Council. In the area of accountability, Mr. Gonzalez stated weekly and bi-weekly meetings are taking place with directors and everyone from professional and above had been asked to have a performance plan. Quarterly operations reviews would be made on the plan. This is tied back with a performance evaluation. Several committees have been put in place. The Ordinance Review Committee, Internal Policy Review Committee, and Budget Review Committee. Mr. Gonzalez suggested that once a permanent City Manager is hired, Council should have a goal setting session. The last session was during the smoking ordinance debate. Mr. Gonzalez stated that the number one plan was to regain public confidence. He also stated that if expenditures are to be cut, the community should understand services are going to be reduced. 599 Regular City Council Meeting June 19, 2003 Page 600 Council Member Boren expressed that he thought the public was very aware of what would be happening. Council Member Hernandez said the public wants specifics. Mayor McDougal stated that the general fund is in very good shape. The financial problem is at LP&L. That has nothing to do with tax rate. That has to do with utilities. Council Member Hernandez stated that to regain the public's confidence, the City must first get its financial house in order. 2:55 P. M. CITY COUNCIL RECESSED 3:12 P. M. CITY COUNCIL RECONVENED IN WORK SESSION The next item considered was Item 41. (43.) Discussion regarding the Citizen Advisory Committee's recommendation for Capital Improvement Projects. Marc McDougal, Mayor. Mayor McDougal stated that initially he was opposed to a bond election in November from a standpoint of what was going on with the City and where the City is now. After hearing the report from the Citizens Advisory Committee and the recommendations, which were created by the citizens, he felt it might be wise to take it to the voters. Council Member Hernandez stated that Council had the authority to appoint this Committee. They have given their recommendations. He stated they should call the election and let the citizens of Lubbock either vote it up or down. Council Member Martin stated that he liked the idea of having four items as follows: $9.208m street bond; $7.3 Civic Center and public venue bonds; $8.535 parks and library bonds; and, $4.956m for public safety bonds and vote each one of these four up or down. Mayor McDougal said as in parks, vote for all or none. Mayor McDougal asked Beverly Hodges, Managing Director of Financial Services, for a report on what a tax decrease would do to a $30m bond package and bring it back to City Council. Council Member Boren asked Mr. Gonzalez to bring a resolution back for a November election. Council consensus was to call an election. The next item considered was Item 45. (44.) Presentation on the process of renewing the existing Commercial and Industrial Tax Abatement Guidelines and the legislative changes to the Enterprise Zone process. Kenny McKay, Interim Executive Director, and Cheryl Brock, Business Research Specialist. This item was first Work Session item addressed. Kenny McKay, Interim Executive Director, discussed the existing tax abatements, the guidelines and the procedure that City of Lubbock will follow in reviewing and adopting them. Regular City Council Meeting June 19, 2003 Page 601 Tax abatement guidelines govern how the City of Lubbock incentives that nty of Lubbock do tax abatements. Tax abatements are one of the Market Lubbock uses in economic development efforts. It is also one of the few incentives they can offer retail and commercial projects. A definition of tax abatements is the phasing in of property taxes, real and/or intangible personal on new improvements. The existing tax base is not and is never affected. Cheryl Brock, Business Research Specialist, referred to two sets of guidelines received in council backup. These are industrial and commercial, which are required to be readopted every two years by law. Ms. Brock stated that approving the guidelines does not commit Council to doing a tax abatement, but rather gives you the ability to do it. Ms. Brock spoke concerning enterprise zone changes, which have come about recently. She asked for direction. Council Member Hernandez asked if Market Lubbock felt that forming a committee was justified to periodically review these guidelines. Council consensus was to put this on the July agenda to approve as it currently sits, or form a committee to look at this and bring it back prior to the first of September. The next item considered was Item 42. (45.) Presentation of the Monthly Financial Reports for the Month Ending April 2003 by Beverly Hodges, Managing Director of Financial Services, and Melissa Trevino, Budget Manager. This item was considered following Item 43. Beverly Hodges, Managing Director of Financial Services, introduced Jeff Snyder, the new Chief Accountant. Per City Council request, Ms. Hodges and Melissa Trevino, Budget Manager, and Mr. Snyder presented the Financial Reports for the Month Ending April 2003. The information was previously provided to Council. This information included: 1. Financial Analysis — Analysis provided in narrative form by Fund. 2. Financial Summary — a. Balance Sheet; Statement of Revenue, Expenditures and Changes in Fund Balance; Summary of Cash Balances; and Monthly Financial Summary Reports for: • General Fund • Airport Fund • Sewer Fund • Solid Waste Fund • Storm Drainage Fund • Water Fund 601 Regular City Council Meeting June 19, 2003 Page 602 a. Capital Projects Summary by Fund (all funds). 3. Economic Analysis — Includes Lubbock International Airport Enplanements Summary and Building Inspection Statistical Report 4. Investment Report — Investment Summary for the month of April 2003. Staff was prepared to address any questions. (46.) Presentation and status of all franchise agreements with the City of Lubbock. Quincy White, Assistant City Manager. This item was deleted. 4:11 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor McDougal adjourned the meeting. Read and approved this ! + day of 2005. ATTEST: ✓1111 Rebecca Garza, City Secretary 602