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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/18/2003CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING DECEMBER 18, 2003 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 18th day of December, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:35 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tern Victor Hernandez, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison Absent: Council Member T.J. Patterson CITIZEN COMMENTS No citizens expressed comments to the Council 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 pending or contemplated litigation; the purchase, exchange, lease or value of real property; 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; personnel; competitive matters of the public power utility; 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." 7:36 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 551.071(1)(A), to discuss pending or contemplated litigation (Fire; Information Technology; Police). (2.) 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 (Allison House; BAND; North Overton; Right - of -Way). (3.) 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 (Market Lubbock, Inc.) (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager) and take appropriate action. (5.) 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: MHMR Board of Trustees West Texas Municipal Power Agency Board Regular City Council Meeting December 18, 2003 Page 612 (6.) 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 a competitive matter regarding natural gas supply, service and transportation contracts by the City of Lubbock; to discuss, deliberate and take final action on a competitive matter regarding plans or contracts related to the status, maintenance, repair and/or upkeep of electric generation facilities; to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate on a competitive matter regarding marketing and advertising agreements related to retail energy sales of Lubbock Power and Light; to discuss and/or take action on 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 and deliberate a competitive matter regarding the operation, governance, organization, and business plans, options and studies of the City's electric utility, Lubbock Power and Light; and to discuss, deliberate and take final action on a competitive matter regarding plans or contracts related to the acquisition and/or construction of transmission/distribution facilities. (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). 9:06 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All council members were present except Mayor Pro Tem. Hernandez. Mayor Pro Tem Hernandez arrived at 9:20 A. M. (8.) Presentation of a recommendation for a bond election date by Phyllis Jones, Chairperson of the Citizen's Advisory Executive Committee. This item was deleted. (9.) Presentation regarding the Policy Review Committee's activities and their final recommendation by Frank Treadway, Chairman of the Policy Review Committee. The Policy Review Committee was established on June 12, 2003 with the charge of evaluating internal City policies to ensure their current validity and to make recommendations regarding potential revisions of these policies. The Committee divided into three subcommittees, each of which met and reviewed the policies. The entire Committee met and reviewed the recommendations of the subcommittees. The Policy Committee adopted six general recommendations regarding policies and the process needed to continually review them. The Policy Committee also has made specific recommendations regarding certain policies. All the recommendations were provided in council backup. 612 Regular City Council Meeting December 18, 2003 Page 613 FISCAL IMPACT: There would be a minimal cost to individual departments to print updated policy manuals from Internet; if they choose to have a hard copy. No council action is required. Frank Treadway, Chairman of the Policy Review Committee gave the presentation. Mayor McDougal asked who was responsible for overseeing policies. Interim City Manager Tommy Gonzalez stated Human Resources Department was responsible for personnel policies and different departments were responsible for other types of policies. The Policy Review Committee was put in place to look at the investment policy and bring it back to council. There is not a central place for all of these policies. Mayor McDougal asked who specifically was going to be responsible for getting the policies written consistently. Interim City Manager Tommy Gonzalez stated he had not yet spoken with Assistant City Manager Quincy White, but that Mr. White or someone at a senior level would be in charge of this overall throughout the City. Mayor McDougal asked Mr. Gonzalez to follow up on this and get back with the Policy Committee. (10.) Presentation on maintenance and possible park designation of the Remington Park Subdivision Playa Lake Area by Craig Farmer, Marsha Reed, Corbin Pemberton and Richard Casner, City of Lubbock Staff. Council requested that this item be placed on the Council work session agenda for December 18, 2003. This particular playa lake was dedicated to the City as a storm water detention basin under existing criteria included in the Playa Lake Ownership Ordinance and Policy. Under this Policy, the playa would be mowed and litter removed a certain number of times annually, but was not required to have irrigation or other park -like improvements. However, the expectations of the neighborhood exceed the minimum maintenance measures currently being performed on this playa lake. The neighborhood wants the lake to be more of an amenity to the area, which would include an area with vegetation, perhaps a walking trail, etc. They want the area to be available as open space for the use of the residents in the area. The residents are also concerned about the erosion problems in the lake area. The presentation will include discussion of the Playa Lake Ownership Ordinance, the history of this playa lake coming under the ownership of the City, a possible plan to improve the lake area to some level of park type development (with an estimated cost to develop and maintain this plan), and possible legal issues related to developing and designating this playa lake as a City park. Acceptance of this park, and the related development expenses, by the City may set a precedent on how these playas are treated in the future. FISCAL IMPACT: Not Applicable at this time. Discussion of this item led the Council to direct staff to look at possible revisions to the Playa Lake Ownership Ordinance, development criteria related to playas in the future, and possible park designation criteria of future developments with playas. Craig Farmer, Managing Director of Planning & Transportation, gave the presentation. Corbin Pemberton, Community Projects Manager and Larry Hertel, City Engineer also made comments. 613 Regular City Council Meeting December 18, 2003 Page 614 Members of the Remington Park Neighborhood Subdivision, including President Wayne Taack, Leisa Stane and Gwen Jones, made comments. Council Member Martin stated the residents were not asking for a full -service park and they should not be responsible for paying for grass, etc., as other neighborhoods did not have to do so. He recommended that the Council give some direction to staff and to the Parks Board. He also asked that the drainage staff, parks staff, and parks board to work together and come up with a comprehensive plan to deal with this park. He also recommended that they come up with a coordinated plan to do minimal things to this and other parks in the city. Mayor Pro Tern Hernandez asked staff to take a look at it from a holistic approach. He also requested a cost estimate of the minimal improvements, if there is going to be a change in policy. Mr. Farmer suggested 1) moving forward with Remington Park with a phase -in plan trying to find funding sources; 2) looking at other playa situations and getting cost estimates; and 3) taking a long-range holistic approach and revisit with the Parks Board concerning all the playas. Consensus of Council was to move forward. Mayor McDougal left the dais at 9:35 A. M. 10:04 A. M. WORK SESSION RECESSED 10:24 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary 0. Boren, Council Member Jim Gilbreath, 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: No one Mayor McDougal called the meeting to order at 10:24 A. M. (11.) Invocation by Frank Tello, Senior Pastor of Living Word of Faith Church (12.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. CITIZENS APPEARANCES (13.) Recognition of the Lubbock Chamber of Commerce Staff and Board of Directors for their hard work and dedication to the Lubbock Community. This item was deleted. CONSENT AGENDA (Items 14-29) Motion was made by Council Member Patterson, seconded by Council Member Martin to approve Items 14, 15, 18-21, 23-29 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (14.) Approval of Minutes: December 8, 2003 Regular City Council Meeting (15.) Ordinance 2003-00135 changing the name of "Quitsna Avenue" to "Research Boulevard" in recognition of valuable research being performed at Reese Center. 614 Regular City Council Meeting December 18, 2003 Page 615 ORDINANCE NO.2003-00135 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO CHANGING THE NAME OF QUITSNA AVENUE TO RESEARCH BOULEVARD AND DIRECTING THE CITY ENGINEER AND TRAFFIC ENGINEER TO INDICATE SUCH NAME ON OFFICIAL MAPS AND INSTALL APPROPRIATE SIGNAGE TO REFLECT SUCH NAME AS NEEDED; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Mayor has requested this item be placed on the agenda and the City initiate this street name change. The Board at Reese Center supports this name change and preliminary work performed by the Lubbock Association of Realtors has indicated the majority of landowners adjacent to Quitsna Avenue favor the name change. The Realtors collected signatures from 15 of the 22 owners (68%) supporting the name change. These 15 owners represent ownership of 92% of the abutting footage on Quitsna inside the current city limits. Letters were sent to the owners notifying them of a public hearing before the Planning & Zoning (P&Z) Commission on December 4`h, 2003. There was no opposition heard at the P & Z meeting, and no letter of opposition received to the proposed name change. FISCAL IMPACT: The Traffic Engineer estimates a cost of $1,574.62 to change the existing street name markers with markers bearing the new street name. This cost will include the making and installing of the new street name markers. Account Number 4525.8269 will be used. Staff recommended approval of this ordinance. The next item considered was Item 18. (16.) Ordinance 2003-00136 authorizing promissory notes in the aggregate principal amount of $1,000,000 together with the contract for loan guarantee assistance under Section 108 of the Housing and Community Development Act of 1974, as amended by 42 U.S.C., Section 5308 first reading). This item was moved from consent agenda to regular agenda and was considered following Item 29. ORDINANCE NO.2003-00136 AN ORDINANCE AUTHORIZING PROMISSORY NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,000,000 TOGETHER WITH THE CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, 42 U.S.C., SECTION 5308, IN CONNECTION THEREWITH Upon the advice of Bond Counsel, the procedure of establishing a community development program and soliciting public comment is a necessary prerequisite to establishing a Section 108 Loan Program. On June 19, 2003, City Council approved a resolution 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 citywide housing rehabilitation program. FISCAL IMPACT: All funds originate from the Community Development Block Grant (CDBG) Section 108. Council's recommendations will simply allow the Community Development Department to offer the citywide housing rehabilitation program. Repayment of the notes will be made from the City of Lubbock's CDBG allocation and program income generated from 615 Regular City Council Meeting December 18, 2003 Page 616 the department's revolving loan fund, which will decrease available funding in future years. Nancy Haney, Community Development Director, gave staff comments. Community Development recommended approval of this resolution. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00136 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 17. (17.) Ordinance 2003-00137 amending the Telephone Franchise Ordinance with NTS Communications to requirement payment on an access line fee basis instead of the current basis of 2% of gross receipts first reading). This item was moved from consent agenda to regular agenda and was considered following Item 16. ORDINANCE NO.2003-00137 AN ORDINANCE AMENDING SECTION 11 OF ORDINANCE NO. 8961 GRANTING A FRANCHISE TO NTS COMMUNICATION, INC., TO CONDUCT WITHIN THE CITY OF LUBBOCK A TELEPHONE COMMUNICATIONS BUSINESS; PROVIDING THAT THE FRANCHISE FEE SHALL BE BASED UPON ACCESS LINE FEES; PROVIDING THAT SECTIONS NOT AMENDED SHALL REMAIN THE SAME; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE AMENDMENT; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. Under No. 11 of Ordinance 8961, NTS Communications currently pays 2% of its gross receipts to the City of Lubbock as part of this Franchise Agreement with the City of Lubbock. Under the proposed amendment, NTS would change their payment method and begin paying on an access line fee basis. The Public Utility Commission sets access line fees. Access line fees are payments the City receives from the telecommunications companies for the use of the public right of way. There are three categories of access lines — residential, non-residential, and point-to-point. There are differing monthly rates for each category $1.65, $3.36, and $4.91 respectively. NTS is converting to a new billing system. The program is having difficulty in creating a system that generates bills that charge different franchise fees or municipal fees in accordance with current agreements. When NTS's franchise agreement expires in 2006, it will automatically convert to access line fees. Therefore the time and expense of working through the billing system problem would not be cost effective. As such, NTS would prefer to begin payment on an access line fee basis immediately. Under the proposed amendment, NTS Communication's access line fee payment will be paid directly to the City of Lubbock. After their franchise agreement expires in 2006, the Public Utility Commission will receive the revenues, which will then be transferred to the City of Lubbock. FISCAL IMPACT: Last year, NTS Communications paid the City of Lubbock $220,438 in franchise fees. Staff estimates that depending upon several variables, revenues from NTS Communications for the City will increase from between $150,000 to $250,000. Anita Burgess, City Attorney, gave staff comments. Staff recommended approval of this ordinance. 616 Regular City Council Meeting December 18, 2003 Page 617 Motion was made by Council Member Patterson, seconded by Council Member Martin to pass on first reading Ordinance No. 2003-00137 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Council Member Boren requested that Item 26 be reconsidered. Motion was made by Council Member Boren, seconded by Council Member Martin to reconsider Resolution No. 2003-RO576 (Item 26). Motion carried: 7 Yeas, 0 Nays. At this time, Item 26 was reconsidered. _ (18.) Resolution No. 2003-RO566 authorizing the Mayor to execute an easement -use license with Johnny Qubty and Diane Qubty for the use of a dedicated easement for a wooden and masonry fence (3401 Mesa Road). This item was considered following Item 15. RESOLUTION NO.2003-RO566 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 Easement Use License by and between the City of Lubbock and Johnny Qubty and Diane Qubty for a wood and masonry fence. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 18th day of December, 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 Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the agreements is filed with Resolution No. 2003-R0566. The Qubtys own Lot 45-C of the Northridge Addition to the City of Lubbock. This lot is located just north of the Lubbock Country Club and west of Mesa Road on Canyon Road. In this residential addition, the majority of the lots have a large lot depth. However, the Qubtys' lot is slightly wider than most but it has a short lot depth. Due to this narrow depth and the size of the house being built, they do not have much of a back yard. The east 20 feet of their lot is an underground utility easement that is typically not fenced in. They are requesting that they be allowed to build a fence along the east side of the easement and across the north end and the south end of this easement. This easement -use license allows them to do this with the stipulation that they construct a gate on the north side of their property line and on the south side of their property line where this 20-foot easement is located for utility vehicle passage if it is ever needed. This license is for 20 years, payable every five years in 617 Regular City Council Meeting December 18, 2003 Page 618 advance. The cost of this license is the $50 per year minimum or $250 for the first 5-year term. FISCAL IMPACT: Yearly income of $50 to the City. The Right -of -Way Department recommended approval of this resolution. (19.) Resolution No. 2003-RO567 authorizing the Mayor to execute a street use license with Prime Campus Housing, L.L.C., for the use of a portion of University Avenue for a canvas awning encroachment (1001 University Avenue). RESOLUTION NO.2003-RO567 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License with associated documents with Prime Campus Housing, L.L.C., for a canvas awning encroachment. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 18th day of December, 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 Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the agreements is filed with Resolution No. 2003-R0567. This license was originally issued on December 8, 1983 to University Plaza Associates, Inc., which became Prime Campus Housing, L.L.C. for a canvas awning encroachment along University Avenue. This license will expire in December and the licensee has requested to renew the license for an additional 20 years. This new license will be for 20 years, payable every five years in advance. The City will receive $50 per year or $250 for each five-year period. FISCAL IMPACT: Yearly income of $50 to the City. The Right -of -Way Department recommended approval of this resolution. (20.) Resolution No. 2003-RO568 accepting paving improvements constructed by Butler Construction Company, Inc. in Monterey Addition Lots 3-172,175-222, 225-278, and 281-307. RESOLUTION NO.2003-RO568 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: 618 Regular City Council Meeting December 18, 2003 Page 619 WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 3-172, 175-222, 225-278 and 281-307 Monterey Addition, made arrangements with Butler Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: Quincy Avenue from the South end of radius of the alley South of 87`h Street to the South lip line of 82"d Street, known and designated as New Subdivision Sub - Unit Number 24 of Unit Number 2043. Pontiac Avenue from the North lip line of 871h Street to the South lip line of 86th Street, known and designated as New Subdivision Sub -Unit Number 25 of Unit Number 2043. Pontiac Avenue from the North lip line of 85`h Street to the South lip line of 80 Street, known and designated as New Subdivision Sub -Unit Number 26 of Unit Number 2043. Pontiac Avenue from the North lip line of 80 Street to the North end of radius of the alley North of 84th Street, known and designated as New Subdivision Sub - Unit Number 27 of Unit Number 2043. Oak Ridge Avenue from the South end of radius of the alley South of 88th Street to the South lip line of 87th Street, known and designated as New Subdivision Sub -Unit Number 28 of Unit Number 2043. Oak Ridge Avenue from the North lip line of 87`h Street to the South lip line of 861h Street, known and designated as New Subdivision Sub -Unit Number 29 of Unit Number 2043. Oak Ridge Avenue from the North lip line of 86th Street to the North end of radius of the alley North of 86th Street, known and designated as New Subdivision Sub - Unit Number 30 of Unit Number 2043. _ Mobile Avenue from the South end of radius of the alley South of 88`h Street to the South lip line of 88th Street, known and designated as New Subdivision Sub - Unit Number 31 of Unit Number 2043. Mobile Avenue from the North lip line of 87th Street to the South lip line of 861h Street, known and designated as New Subdivision Sub -Unit Number 32 of Unit Number 2043. Mobile Avenue from the North lip line of 88th Street to the South lip line of 87th Street, known and designated as New Subdivision Sub -Unit Number 33 of Unit Number 2043. Mobile Avenue from the North lip line of 86th Street to the North end of radius of the alley North of 86`h Street, known and designated as New Subdivision Sub - Unit Number 34 of Unit Number 2043. 841h Street from the East lip line of Quincy Avenue to 45.46 feet East of the East end of radius of Pontiac Avenue (North leg), known and designated as New Subdivision Sub -Unit Number 36 of Unit Number 2043. 850h Street from the West end of cul-de-sac East of Quincy Avenue to 424.28 feet East of the East end of radius of Pontiac Avenue, known and designated as New Subdivision Sub -Unit Number 37 of Unit Number 2043. 86th Street from the East lip line of Quincy Avenue to the West back of curb at Milwaukee Avenue, known as designated as New Subdivision Sub -Unit Number 38 of Unit Number 2043. 87`' Street from the West end of cul-de-sac East of Quincy Avenue to the West end of radius of Milwaukee Avenue, known and designated as New Subdivision Sub -Unit Number 39 of Unit Number 2043. 881h Street from the East lip line of Oak Ridge Avenue to the West back of curb of Milwaukee Avenue, known and designated as New Subdivision Sub -Unit Number 40 of Unit Number 2043. 619 Regular City Council Meeting December 18, 2003 Page 620 WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council and to direct payment of the City's portion of the cost in the amount of $20,895.11 to the Contractor. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 18th day of December, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales Assistant City Attorney This is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: ■ Quincy Avenue from the alley south of 87th Street to 82nd Street. ■ Pontiac Avenue from 87th Street to 86th Street. ■ Pontiac Avenue from 85th Street to 84th Street. ■ Pontiac Avenue from 84th Street to the alley north of 84th Street. ■ Oak Ridge Avenue from the alley south of 88th Street to 87th Street. ■ Oak Ridge Avenue from 87th Street to 86th Street. ■ Oak Ridge Avenue from 86th Street to the alley north of 86th Street. ■ Mobile Avenue from the alley south of 88th Street to 88th Street. ■ Mobile Avenue from 87th Street to 86th Street. ■ Mobile Avenue from 88th Street to 87th Street. ■ Mobile Avenue from 86th Street to the alley north of 86th Street. ■ 84th Street from Quincy Avenue to 45.46 feet east of Pontiac Avenue. 620 Regular City Council Meeting December 18, 2003 Page 621 ■ 85th Street from the cul-de-sac east of Quincy Avenue to 424.28 feet east of Pontiac Avenue. ■ 86th Street from Quincy Avenue to Milwaukee Avenue. ■ 87th Street from the cul-de-sac east of Quincy Avenue to Milwaukee Avenue. ■ 88th Street from Oak Ridge Avenue to Milwaukee Avenue. FISCAL IMPACT: Quincy Avenue is a collector street, which is wider than the residential paving required of the developer. The City cost for the extra width of the paving on Quincy Avenue in the amount of $20,895.11 will be due upon approval of the acceptance of this resolution. Funding for this amount is included in the current Subdivision and Assessment Paving Capital Project. A total of $789,384 is budgeted of which $237,865 is available in project number 9516. Staff recommended approval of this resolution. (21.) Resolution No. 2003-RO569 accepting paving improvements constructed by Lone Star Dirt and Paving Construction Company, Inc. in King's Ridge Addition Lots 25 - 45. RESOLUTION NO.2003-RO569 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 25-45, King's Ridge Addition, made arrangements with Lone Star Dirt & Paving Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 103 rd Street from the East lip line of Orlando Avenue to the West edge of the alley East of Orlando Avenue, known and designated as New Subdivision Sub -Unit Number 13 of Unit Number 2043. Orlando Avenue from the South end of radius of the alley North of 103 rd Street to the South end of radius of the alley South of 103`d Street, known and designated as New Subdivision Sub -Unit Number 14 of Unit Number 2043. The North -South alley East of Orlando Avenue from the alley North of 103 rd Street to the alley South of 103 rd Street, known and designated as Sub -Unit Number 91 of Unit Number A-462. The East-West alley South of 103`d Street from Orlando Avenue to the alley East of Orlando Avenue, known and designated as Sub -Unit Number 92 of Unit Number A-462. The East-West alley South of 103`d Street from Orlando Avenue to the alley West of Orlando Avenue, known and designated as Sub -Unit Number 93 of Unit Number A-462. The North -South alley West of Orlando Avenue from 102"d Street to the alley South of 103`d Street known and designated as Sub -Unit Number 94 of Unit Number A-462. The North -South alley West of Orlando Avenue from the alley North of 102"d Street to 102"d Street, known and designated as Sub -Unit Number 95 of Unit Number A-462. The East-West alley North of 102"d Street from Orlando Avenue to the alley West of Orlando Avenue, known and designated as Sub -Unit Number 96 of Unit Number A-462. 621 Regular City Council Meeting December 18, 2003 Page 622 WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 1 Sth day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney This is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. These improvements consist of street and alley paving and curb and gutter on: ■ 103rd Street from Orlando Avenue to the alley east of Orlando Avenue. ■ Orlando Avenue from the alley north of 103rd Street to the alley south of 103rd Street. ■ The north -south alley east of Orlando Avenue from the alley north of 103rd Street to the alley south of 103rd Street. ■ The east -west alley south of 103rd Street from Orlando to the alley west of Orlando Avenue. ■ The east -west alley south of 103rd Street from Orlando Avenue to the alley west of Orlando Avenue. ■ The north -south alley west of Orlando Avenue from 102nd Street to the alley south of 103rd Street. ■ The north -south alley west of Orlando Avenue from the alley north of 102nd Street to 102nd Street. ■ The east -west alley north of 102nd Street from Orlando Avenue to the alley west of Orlando Avenue. FISCAL IMPACT: There is no City cost due the contractor upon this acceptance. Staff recommended approval of this resolution. 622 Regular City Council Meeting December 18, 2003 Page 623 (22.) Resolution No. 2003-R authorizing the Mayor to execute a lease agreement with Voicestream Wireless Corp. for use of the elevated storage tank at 35th Street and Avenue W for a wireless communication platform. This item was deleted. (23.) Resolution No. 2003-RO570 authorizing the Mayor to execute Change Order No. 7 with Utility Contractors of America for final quantity adjustments in the amount of $215,166.18 for the Annexation Sanitary Sewer Improvements. RESOLUTION NO.2003-RO570 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order No. 7 to a contract (Bid No. ITB#048-01/VK) with Utility Contractors of America, to cover the expenses incurred by Utility Contractors of America due to actual quantities installed being different than bid as result of actual field conditions. A copy of said Change Order No. 7 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 18th day of December, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Water Planning Engineer APPROVED AS TO FORM: /s/ Amy Sims for Richard Casner Richard K. Casner First Assistant City Attorney A copy of the Change Order No. 7 is filed with Resolution No. 2003-R0570. This is the last change order that makes adjustments for actual quantities installed versus those on the bid sheet. The original contract price was $4,136,593.35. The total amount of change orders has been $580,816.19 or 12.3 percent of the original contract amount for a final contract amount of $4,717,409.54. Change Order No. 7 is 5.2 percent of the original contract price. The original project budget was $5,790,000. FISCAL IMPACT: There is no fiscal impact to the General Fund. A total of $5,790,000 was appropriated and $100,887 is available in account number 9132. The balance of funds needed for the change orde Staff recommended approval of the resolution. r 623 Regular City Council Meeting December 18, 2003 Page 624 (24.) Resolution No. 2003-RO571 authorizing the Community Development Department to implement the Policy and Targeting recommendations for the City of Lubbock's 2004-2009 Consolidated Plan as presented during the December 8, 2003 Work Session. RESOLUTION NO.2003-RO571 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, all related documents to implement the Policy and Targeting Recommendations for the City of Lubbock's 2004-2009 Consolidated Plan. Said documents are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 18th day of December, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney, Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims Assistant City Attorney A copy of the documents is filed with Resolution No. 2003-R0571. The specific Policy and Targeting Recommendations were provided in council backup. FISCAL IMPACT: There is no fiscal impact to the General Fund related to this resolution. All funds originate from the Federal entitlement grant programs - Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and HOME. Council's recommendations will simply give direction to the Community Development Services Board (CDSB) and the Community Development Department on what type of activities should be funded and the primary areas of town that will be targeted for those activities. Community Development recommended approval of this resolution. (25.) Resolution No. 2003-RO572 waiving the right of the City of Lubbock to apply for a Juvenile Accountability Incentive Block Grant and designating Lubbock County as the recipient of the funds. RESOLUTION NO.2003-RO572 WHEREAS, certain block grant funds in the amount of Seventy -Six Thousand One Hundred Seventy Nine and No/100 Dollars ($76,179) (the "Funds") is designated for allocation to the City of Lubbock through the Criminal Justice division of the State of Texas; and 624 Regular City Council Meeting December 18, 2003 Page 625 1 for a d WHEREAS, the City of Lubbock desires to waive their right to apply Juvenile Accountability Block Grant, g as the recipient of WHEREAS, the City of Lubbock designates Lubbock County the Funds; and WHEREAS, the City of Lubbock agrees to appo tCounty memberof Lubbock; NOW Juvenile Crime Enforcement Coalition created by THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby waives its right to apply for a Juvenile Accountability Block Grant and designates Lubbock County as the recipient of the Funds. Be it further resolved that the Lieutenant of the City of Lubbock Police Department Juvenile Division is hereby designated to serve on the Juvenile Crime Enforcement Coalition as created by theCounty� una of waivedbfimds todtheat the County of City of Lubbock Lubbock shall furnish quarterly reports o by furnishing copies to the Lieutenant of the Juvenile Division. Passed by the City Council this 18th day of December, 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/ John M. Knight John M. Knight Assistant City Attorney The Governor's Criminal Justice Division is preparing to award Juvenile Accountability Incentive Block Grant funding to the City of Lubbock in the amount of $76,179 with a cash match of $8,464 for the fiscal year 2004-2005. Lubbock County is eligible for $23,189, with a cash match of $2,577. The City of Lubbock has waived its right to these State juvenile grant funds for the past several years in order to increase the amount of funding from this grant for the Lubbock County Juvenile Justice Center. Lubbock County pays the City of Lubbock's portion of the local match required of the grant. Lieutenant Lance Slack with the Lubbock Police Department will be receiving quarterly reports from the Lubbock County Juvenile Justice Center in order to monitor these waived funds. Les Brown, Lubbock County Juvenile Justice Center Director, will be the individual responsible for the expending of the funds on behalf of Lubbock County. FISCAL IMPACT: The City of Lubbock is waiving receipt of $76,179 in funding. This funding is currently not budgeted in the 2003-2004 budget. However, these funds will be used for juvenile justice purposes by Lubbock County at the Lubbock County Juvenile Justice Center. 625 Regular City Council Meeting December 18, 2003 Page 626 Staff recommended approval of this resolution. (26.) Resolution No. 2003-RO576 authorizing the Mayor to execute an interlocal agreement for cooperative purchasing with the City of Fort Worth. This item was reconsidered following Item 17. RESOLUTION 2003-RO576 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement for cooperative purchasing, by and between the City of Lubbock and the City of Fort Worth, 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 18th day of December, 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/ Don Vandiver Don Vandiver, Attorney of Counsel A copy of the Agreement is filed with Resolution No. 2003-R0576. Cooperative purchasing is one of the ways that local governments can save time and money in their purchasing programs. It occurs when two or more entities coordinate some, or all, of their purchasing needs so that they can join in purchases to the mutual benefit of all the entities concerned. V.T.C.A. Government Code Chapter 791 — Interlocal Cooperation Act allows local governments to contract with, and between each other, to provide governmental functions and services, and to join together in contracting with others to provide goods and services. The City of Lubbock and City of Fort Worth desire to cooperate on select governmental purchases in order to enjoy greater economy of scale and thereby reduced prices for certain commodities used by both governmental entities. Pursuant to Section 791.012, the laws of the particular entity making the particular purchase will apply to the purchase unless the law of the other entity is stricter and would prohibit the purchase being made in such a manner. In such a case, the purchase will be made in conformance with the most stringent applicable regulation. The City of Lubbock and City of Fort Worth will engage in the purchase of items and services that are used by both entities and as jointly agreed upon by the purchasing officers of both entities. As a general rule, the governmental entity that uses the most of a particular commodity or service will be the lead agent rYI7 Regular City Council Meeting December 18, 2003 Page 627 in making a joint purchase. Each entity will be responsible for payment of its portion of the proportionate purchase costs directly to the vendor. The period of this Interlocal Agreement will be for the balance of the fiscal year and will thereafter be automatically renewed annually for each succeeding fiscal year of the City. FISCAL IMPACT: Local governments benefit in many ways, including developing contacts with other local government officials and developing the habit of cooperating with other entities. Some of the most common benefits are: 1. Lower costs through increased volume. 2. Lower (shared) administrative costs. 3. Improved response from vendors. 4. Shared experience leading to better product specification. 5. Better compliance with state statutes on purchasing. Staff recommended approval of this resolution. During reconsideration, Victor Kilman, Purchasing Agent, answered questions posed by Council Member Boren. He was asked about going out of the area for these vehicles and knocking out our local businesses' ability to compete. Mr. Kilman stated this was a rental of undercover vehicles, which was not available in this area. Council Member Boren stated that he wished to be assured that this was not the norm and requested that Council be notified if this process should come up again. Mr. Kilman answered that he would let them know. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to pass the reconsideration of Resolution No. 2003-RO576 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. After reconsideration of Item 26, the next items considered were Items 41-42. (27.) Consider minuted action to recognize the reappointment of Stephanie Hill, Dale Joseph, and Max Tarbox by the Mayor to the Lubbock Housing Authority. The 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 has reappointed the three members listed above. FISCAL IMPACT: None. (28.) Resolution No. 2003-R0573; Resolution No. 2003-R0574BID #203-03BM —for Water Meters — Annual Pricing (Meter and Customer Service). RESOLUTION NO.2003-RO573 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for Water Meters — Annual Pricing, by and between the City of Lubbock and Morrison Supply of Lubbock, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 627 Regular City Council Meeting December 18, 2003 Page 628 Passed by the City Council this 18th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2003-R0573. RESOLUTION NO.2003-RO574 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for Water Meters — Annual Pricing, by and between the City of Lubbock and Master Meter, Inc. of Fort Worth, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 18th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2003-R0574. This bid establishes annual pricing for 5/8 x 3/4 inch through two inch multi jet water meters and three inch through eight inch compound water meters. These meters will be used to replace existing water meters that do not meet American Water Works Association meter accuracy standards and cannot be economically repaired. Typically, these meters have been in service for ten or more years. The 5/8 x 3/4 inch through two inch meters 628 Regular City Council Meeting December 18, 2003 Page 629 are used for residential and small commercial business meter replacements and for water taps on new construction of residential and some small commercial businesses. The three-inch through eight inch compound meters are replacements used in large apartment complexes and larger commercial businesses. Water Utilities revenue is derived from water sold and sewage disposal. The water meter is the means used to accurately measure and correctly bill for these services. Four bids were received and evaluated in response to this Invitation To Bid. On Bid items 5, 6 and 7, Master Meter bid a "Split Body" compound meter that does not meet specifications. A split body meter is two meters that use one line to function. This results in a meter wider than a standard meter that will fit in all meter boxes used by Water Utilities. Twenty local vendors were notified of the Invitation to Bid. Master Meter and Morrison Supply have agreed to sell these items to other governmental entities that have cooperative purchasing agreements with the City of Lubbock. FISCAL IMPACT: A total of $189,900 was appropriated and $163,395 is available in project number 90123 (Water Meter Replacement) for the 10-year change out program. During Revised Budget an additional $147,000 will be requested to install 1,500 meters in the Northpoint Addition and 800 meters in the Monterey Addition. Award bid items 1 and 2 to Master Meter, Inc. of Fort Worth, Texas for $170,141; bid items 3 and 4 to K.W. Sharp, Inc. of Lubbock, Texas for $9,793.75; and bid items 5 through 8 to Morrison Supply Company of Lubbock, Texas for $39,377.27. (29.) Resolution No. 2003-R0575BID #241-03/RW —for Telephone Que System (Select -A -Seat). RESOLUTION NO.2003-RO575 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 a telephone que system, by and between the City of Lubbock and Avontus of Oakville, Ontario, Canada, and related documents. Said Purchase Order is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 629 Regular City Council Meeting December 18, 2003 Page 630 Passed by the City Council this 18th day of December, 2003 /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Becky Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2003-R0575. This item is for the purchase of Right-on-Que software for the Select -A -Seat Telephone System Enhancement Project that will allow several options for the supervisor and should increase efficiency during ticket sales. The software will allow the supervisors, as well as call takers, the ability to see how many callers are in the que (if under 6 calls) so someone else can log on to help response time. Supervisors can observe and listen to calls to enhance customer service issues. The parts and equipment are required from this source to permit standardization. The system will allow real time reporting. Supervisors can view the following types of items at the time it is occurring: • Que Status Agent Status Hold Time for callers • Set thresholds for waiting or by call • Pending Call Status Agent on personal call The types of reports that will be available are: Summary of Calls Summary of Abandoned calls Number of calls per agent Agent log -in and log -off times FISCAL IMPACT: A total of $65,000 was appropriated and $57,710 is available in project number 90227 (Telephone System Enhancement) for this purpose. Award bid to Avotus of Oakville, Ontario, Canada for $27,514 The next item considered was Item 16. ORDINANCES FOR PASSAGE Second Reading Items 30-38 were considered following Item 42. Mayor McDougal left the dais. Regular City Council Meeting December 18, 2003 Page 631 (30.) ORDINANCE NO. 2003-00128 (10602 Vicksburg Avenue): An ordinance abandoning and closing a portion of Vicksburg Avenue in Section 16, Block E-2, Lubbock County, Texas (second and final reading). ORDINANCE NO.2003-00128 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF VICKSBURG AVENUE IN SECTION 16, 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. This ordinance was read for the first time at the December 8, 2003 City Council meeting as a routine consent agenda item. FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the second reading of this ordinance. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00128 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (31.) ORDINANCE NO. 2003-00129—ZONE CASE NO. 2985 (north of 114th Street and east of Frankford Avenue): Hold a public hearing to consider the request of Hugo Reed and Associates, Inc. (for Lubbock Land Company) for a zoning change from T to GO, A-2, C-3, and R-1 Specific Use (for single-family homes with 20 foot front setbacks on regular lots, 5 foot front setbacks on cul-de-sac lots and 5 foot side setbacks on end lots) on 160.2 acres of unplatted land out of the Southwest Quarter of Section 25, Block E-2 (second and final reading). ORDINANCE NO. 2003-00129 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2985; A ZONING CHANGE FROM T TO GO, C-3, A-2, AND R-1 SPECIFIC USE ON 160.2 ACRES OF UNPLATTED LAND OUT OF THE SOUTHWEST QUARTER OF SECTION 25, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS: PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00129 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (32.) ORDINANCE NO. 2003-00130—ZONE CASE NO. 2987 (north of 82"d Street and east of Upland): Ordinance to consider the request of the City of Lubbock (for residents of Papalote South) for a zoning change from T to R-1 Specific Use (for Residential Estates) on Lots 1- 48, 50, 52, 55, 57-60, and 63-66, Papalote South Addition (second and final reading). ORDINANCE NO. 2003-00130 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2987; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR RESIDENTIAL ESTATES ON LOTS 1-46, PAPALOTE SOUTH ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 631 Regular City Council Meeting December 18, 2003 Page 632 Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00130 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (33.) ORDINANCE NO. 2003-00131—ZONE CASE NO. 2255-M (5802 63rd Street and 6204 Frankford Avenue): Ordinance to consider the request of Fleming Investment Property (for John Zwiacher) for a zoning change from GO to C-4 limited to vehicle sales and all permitted C-2 uses on Lots 9 and 23, Spur 327 Business Park Addition (second and final reading). ORDINANCE NO. 2003-00131 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-M; A ZONING CHANGE FROM GO TO C-4 ZONING LIMITED TO VEHICLE SALES AND SERVICE AND ALL PERMITTED GO USES ON LOT 9, SPUR 327 BUSINESS PARK ADDITION AND AN UNPLATTED ONE ACRE PARCEL OUT OF SECTION 36, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00131 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (34.) ORDINANCE NO. 2003-00132—ZONE CASE NO. 2988 (6001 Spur 327): Ordinance to consider the request of Tom Williams for a zoning change from C-2 to C-4 on a 4.23 acre tract of unplatted land out of Section 36, Block AK (second and final reading). ORDINANCE NO. 2003-00132 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2988; A ZONING CHANGE FROM C-2 TO IHC ZONING ON A 4.23 ACRE TRACT OF UNPLATTED LAND OUT OF SECTION 36, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00132 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Martin voted Nay. (35.) ORDINANCE NO. 2003-00133—ZONE CASE NO. 2989 (north of 66t6 Street and east of MLK Jr. Blvd.): Ordinance to consider the request of Hugo Reed and Associates (for Granite Construction Company) for a zoning change from M-1 to M-2 Specific Use (for an asphalt plant) on a 4.1 acre tract of unplatted land out of Section 2, Block S (second and final reading). ORDINANCE NO. 2003-00133 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2989; A ZONING CHANGE FROM M-1 TO M-2 SPECIFIC USE FOR AN ASPHALT PLANT ON A 4.1-ACRE TRACT OF UNPLATTED LAND OUT OF SECTION 2, BLOCK S, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00133 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 632 Regular City Council Meeting December 18, 2003 Page 633 (36.) ORDINANCE NO.2003-00134—ZONE CASE NO. 2985-A (south of 106th Street and east of Frankford Avenue): Ordinance to consider the request of Hugo Reed and Associates, Inc. (for Lubbock Land Company) for a zoning change from T to R-2 Specific Use for residences with 20 foot front setbacks (15 foot for garden homes), 5 foot setbacks on cul-de-sac lots and 5 foot side setbacks on end lots with 5 foot side fence setbacks on end lots, on a 7.8 acre unplatted tract of land out of Section 25, Block E-2 (second and final reading). ORDINANCE NO.2003-00134 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2985-A; A ZONING CHANGE FROM T TO R-2 SPECIFIC USE FOR REDUCED SETBACKS ON A 7.8-ACRE UNPLATTED TRACT OF LAND OUT OF SECTION 25, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00134 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. PUBLIC ZONING HEARINGS 11:09 A.M. Zoning (37.) Ordinance No. 2003-00138/ZONE CASE NO. 1600-A (1711 Avenue Q): Hold a public hearing to consider request of Lamar Outdoor Advertising for a zoning change from C4 to M-1 Specific Use for a billboard with a reduced front setback and all permitted C-4 uses on Lots 13 and 14, Block 3, Robinson Addition. ORDINANCE NO.2003-00138 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1600-A; A ZONING CHANGE FROM C-4 TO M-1 SPECIFIC USE AND ALL PERMITTED C-4 USES FOR A BILLBOARD WITH A REDUCED FRONT SETBACK AND ALL PERMITTED C-4 USES ON LOTS 13 AND 14, BLOCK 3, ROBINSON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Hernandez opened the public hearing at 11:09 a. m. Shirley Schleuse, General Manager and Vice President of the Lubbock Division of Lamar Outdoor Advertising appeared on behalf of Lamar Outdoor Advertising. No one appeared in opposition. Mayor Pro Tern Hernandez closed the hearing at 11:13 a. m. The request would provide zoning to reconstruct a 672 square foot billboard as a replacement for the existing structure that is a 600 plus square foot nonconforming billboard with no amortization date under the Court order. The board is located at 17th Street and Avenue Q. Land use in all directions is commercial. During the Planning Commission hearing, Lamar presented the two cases, which are on the December 18 Council agenda as relocations for boards being removed by construction of the Marsha Sharp Freeway. Whether intentional or not on the part of Lamar, several Commission members perceived a threat of litigation if the cases were not approved. In fact, TxDOT has purchased or condemned all of the property along the east/west freeway and is in either negotiation or condemnation proceedings with Lamar for billboards located along the corridor. Several months ago, a number of zone cases were approved in legitimate thoroughfare locations. Several of those locations were considered as relocation sites for billboards that were adjacent to the freeway, but no 633 Regular City Council Meeting December 18, 2003 Page 634 formal arrangement ever existed between the City of Lubbock and Lamar. Years ago, Lamar was asked to negotiate relocation sites for signs along the freeway corridor, and the staff would have asked either the Planning Commission or the ZBA to consider the requests if the process of acquisition would have benefited. Those days are past, and the staff is treating any new zone cases as being merit based only, with no reference to the freeway project. The property is zoned C-4; a 300 foot billboard is a permitted use on the property. From the "old days", Lamar inherited this board as nonconforming and it is not subject to removal under the court agreement. It has wooden poles and has two signs on each side. It is essentially two C-4 sized billboards side by side, approximately 300+ square feet for each of the four panels. As nonconforming, the board can remain in place unless it is destroyed, and then it would have to be replaced with a structure and size allowed in C-4 (300 square feet). The Code does not provide for any modification of nonconforming structures. The objective of Lamar is to update the sign with a monopole steel structure and to be able to keep the current size. The vicinity is not a policy location for M-1 according to the Comprehensive Land Use Plan, and the staff did not support the request. The preference of the staff would be replacement with a smaller sign. After a lengthy discussion, the Planning Commission recommended approval of the zone case. The decision seemed to be a practical solution to get a more suitable structure, even with the larger sign, since Lamar could choose to leave the current board in place. The pole structure is not an asset to the area. The Planning Commission recommended approval of the request. FISCAL IMPACT: Not Applicable. Staff continued to recommend denial based on Comprehensive Plan and zoning policy. Motion was made by Council Member Martin, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00138 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (38.) Ordinance No. 2003-0 /ZONE CASE NO. 1490-R (5144 69"' Street): Consider an appeal by Lamar Outdoor Advertising of a denial by the Planning Commission of a zoning change from C-4 with conditions to C-4 (to amend conditions of Ordinance 7566) to allow a billboard on Lot R-1-11, Fiesta Autoland Center Addition. Mayor Pro Tern Hernandez opened the public hearing at 11:14 a. m. At this time, Council Member Gilbreath asked if the caption for Item 38 should read "Consider an appeal by Lamar Outdoor Advertising of a denial" rather than "Consider an appeal by Lamar Outdoor Advertising for a denial". Anita Burgess, City Attorney stated it should read "appeal of a denial." Shirley Schleuse, General Manager and Vice President of the Lubbock Division of Lamar Outdoor Advertising and Gerald Northcutt appeared on behalf of Lamar Outdoor Advertising. No one appeared in opposition. Mayor Pro Tern Hernandez closed the hearing at 11:26 a. m. The request would accommodate a billboard on property located at 69t' Street and Wayne Avenue. Adjacent land use is commercial in all directions. During the Planning Commission hearing, Lamar presented the two cases, which are on the December 18 Council agenda, as relocations for boards being removed by construction of the Marsha Sharp Freeway. Whether 634 Regular City Council Meeting December 18, 2003 Page 635 intentional or not on the part of Lamar, several Commission members act perceived a threat of litigation if thecases all of the property along the TxDOT has purchased or condemned east/west freeway and is in either located along the corridorcondemnation proceedings with Lamar for billboards Several months ago, a number of zone cases were ospec in considered legitimate as thoroughfare locations. Several of those location were relocation sites for billboards, were the City of Lubbockfreeway. and Lamar. formal arrangement ever existed between Years ago, Lamar was asked to negotiate relocation sites for signs along the freeway corridor. Staff would have asked either the Planning Commission or the ZBA to consider the requests, if the process of acquisition would have benefited. Those days are past, and the staff is treating any new zone cases as being merit based only, with no reference to the freeway project. The general area referred to as the Fiesta Autoland plat was zoned C-4 prior to 1977. In response to proposals for several uses that the neighborhood to the south opposed, the neighbors submitted a second zone case on a strip of land north of 69t' Street and all of the property south of 69`h Street. The amended ordinance adopted in 1977 excluded a number of C-4 uses by having a list of permitted uses. Billboards are not a listed use in Ordinance 7566, the ordinance controlling this parcel of land and all of the lots just north and south of the current 69 Street. A second issue, and the most important with regard to policy, is that the Comprehensive Land Use Plan advocates that C-4 or heavy commercial zoning be limited to areas that are properly buffered from residential and adjacent to state or regional thoroughfares. The Fiesta plat borders Slide Road and the Loop, but the interior corner of 69`h Street and Wayne Avenue does not represent a thoroughfare location. The Planning Commission recommended denial of the request. With the denial by the Commission, the Council must vote six of seven to overturn. FISCAL IMPACT: Not Applicable. Staff supported upholding the denial by the Planning Commission. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to uphold the P&Z recommendation to deny the zone case. Motion failed: 3 Yeas, 3 Nays. Mayor Pro Tern Hernandez and Council Members Boren and Patterson voted Nay. After comments from Mr. Northcutt, Mayor Pro Tem Hernandez stated that Mayor McDougal requested that the vote be held until he could step back in. Motion was made by Council Member Morrison, seconded by Council Member Patterson to reconsider Item 38. Motion carried: 6 Yeas, 0 Nays. This item was considered following Jere Hart's overview of Item 39. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to uphold the P&Z recommendation to deny the zone case. Motion passed: 4 Yeas, 3 Nays. Mayor Pro Tern Hernandez and Council Members Boren and Patterson voted Nay. The next item considered was the public hearing portion of Item 39. 635 Regular City Council Meeting December 18, 2003 Page 636 PUBLIC HEARING 11:28 A.M. S ecial (39.) Hold a public hearing to consider reopening the intersection of Toledo Avenue and Marsha Sharp Freeway following construction of traffic calming devices between Marsha Sharp Freeway (US 62/82, Brownfield Road) and 19th Street on Toledo Avenue. Mayor Pro Tem Hernandez opened the public hearing at 11:28 a. in. Council Member Martin stated that he and Council Member Boren would be leaving at noon to attend a function. Mayor Pro Tem Hernandez closed the public hearing at 11:29 a. in. Mayor McDougal returned to the dais. Jere Hart, Traffic Engineer, gave an overview of this matter and provided this information to council. At this time, motion was made by Mayor Pro Tem Hernandez, seconded by Council Member Patterson to go back to Item 38. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 38. This public hearing portion of Item 39 was considered following the second vote on Item 38. Mayor McDougal opened the public hearing at 11:40 a. in. Sam Faddoul appeared to represent the residents in favor of reopening the intersection of Toledo Avenue and Marsha Sharp Freeway and asked that it be reopened today. Burl Masters appeared and asked to be the last person to speak in opposition. Due to time limits, at 11:52 a. in., Mayor McDougal continued this item until 4:00 p. in. The next item considered was Item 45. Mayor McDougal reopened the public hearing at 4:02 p. in. Sam Faddoul, Charlene Hart and David Wilkerson appeared in favor of reopening the intersection of Toledo Avenue and Marsha Sharp Freeway. Burl Masters, Kevin Elmore, Sue Morrow and Bill Carter in opposition. Mayor Pro Tem Hernandez stated that Council had received letters from three residents (Lillian Hellman, Dr. Brad Snodgrass and Dr. Pricilla Carter Snodgrass), who had been present for the morning session, but were unable to return for the afternoon hearing. He asked that these be made a part of the record. Mayor McDougal closed the hearing at 4:51 p. in. Council Member Boren had arrived at 4:40 p.m. Mayor McDougal again reopened the public hearing at 4:52 p. in. An unidentified female spoke in favor. Mayor McDougal closed the hearing at 4:55 p. in. Council Member Gilbreath stated that Randy Hoffinan, District Engineer, TxDOT, had said that if Toledo was reopened, there were additional things that could be done regarding the configuration of the opening of Toledo and the Brownfield Highway that might mitigate the sound problems. Mr. Hoffman expressed TxDOT's willingness to sit down, talk and look at the configuration of Toledo and the noise wall. He stated the clock was ticking and there was a schedule to keep. He suggested that if Council reopened Toledo, that a meeting take place the week of New Year's. Burl Masters stated he would meet with Mr. Hoffman to come up with a resolution to the sound issue by redesign. Mr. Hart stated he would coordinate this meeting. The City Council voted unanimously to close Toledo Avenue as soon as possible at the July 24, 2003 City Council meeting, following a public hearing. This meeting was preceded by a Citizens' Traffic Commission 636 Regular City Council Meeting December 18, 2003 Page 637 meeting on June 17, 2003, where a public meeting was held and they recommended to the City Council that Toledo Avenue be closed at the Marsha Sharp Freeway. This decision was primarily based on a petition from the majority of the residents in the neighborhood (155 for out of 233 residents) immediately north of the Marsha Sharp Freeway and Toledo Avenue (from Marsha Sharp Freeway to 19'' Street and from Raleigh Avenue to Slide Road). Staff was opposed to the closure due to the problems with emergency access and traffic circulation. Staff has now received petitions from 268 residents of this area including the lots fronting on Slide Road and on 19`h Street, as well as the apartments located at Raleigh Avenue, requesting that Toledo Avenue be reopened permanently per the original TxDOT plan. Many of the signers of the original petition have now changed their minds as a result of experiencing the effects of the Toledo Avenue closure. Staff has met with TxDOT and been assured that no additional cost will be incurred if a revised decision to leave Toledo Avenue open as originally designed by TxDOT is now adopted. This request to reopen Toledo Avenue has been placed on the Citizens' Traffic Commission agenda for December 16, 2003, and their action will be reported at the Council meeting. Staff will send out a letter on December 9, 2003 to all property owners in this area advising them of the public hearing at the Citizens' Traffic Commission on this request for December 16 and again at the City Council on December 18, 2003 (including areas to the south of Brownfield Highway along Salem Avenue). Staff placed this on the City Council agenda before the results of the Citizens' Traffic Commission were known, due to the need to inform TxDOT as soon as possible of any changes so that no additional costs will be involved. FISCAL IMPACT: Not Applicable. Staff recommended holding a public hearing to reopen Toledo Avenue due to the large number of people signing this petition, which have been gathered in a very short time frame. (40.) Consider authorizing the Mayor to direct the City Manager to coordinate with TxDOT the original plan for Toledo Avenue at the Marsha Sharp Freeway frontage road. Instruct the City Traffic Engineer to design and have constructed appropriate traffic calming devices on Toledo Avenue prior to reopening Toledo Avenue. An ordinance is not required, since no public right of way was previously vacated. The Citizens' Traffic Commission on September 15, 1998 authorized two traffic circles on Toledo Avenue at 21" Street and 23`d Street when the East-West Freeway is under construction. FISCAL IMPACT: The Traffic Engineering Department has sufficient funding in its neighborhood traffic -calming budget to construct the neighborhood traffic circles at these two locations. The Street Department is experienced at the construction of these traffic -calming devices. It is estimated, they will cost less than $4,000. The additional signing for these improvements will have minimal impact on the Traffic Engineering Department budget. The reopening of Toledo Avenue would eliminate the need for an emergency entrance and gate to this neighborhood, which would probably cost at least $20,000 initially (not funded by TxDOT) and would have required about $2,000 annually. The elimination of the emergency entrance at Raleigh will more than pay for the traffic calming on Toledo Avenue. Staff recommended originally to leave Toledo open and would support reopening of Toledo Avenue per the original TxDOT design, as requested by the neighborhood petition. 637 Regular City Council Meeting December 18, 2003 Page 63 8 Motion was made by Council Member Gilbreath, seconded by Council Member Boren to reopen the intersection of Toledo Avenue and Marsha Sharp Freeway following construction of traffic calming devices between Marsha Sharp Freeway (US 62/82, Brownfield Road) and 19t' Street on Toledo Avenue. Motion carried: 7 Yeas, 0 Nays. Mayor Pro Tem Hernandez suggested that a part of the motion should include that the intersection be reopened in six weeks, if not sooner. Don Berry made comments in opposition of reopening the intersection. 5:17 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. FINANCE Other Items 41, 41A and 42 were considered following Item 26. Council Member Boren left the dais. (41.) Resolution No. 2003-RO577 authorizing the City Council to make an assignment of the remaining funds associated with and for the purpose of conducting marketing activities from Market Lubbock, Inc. to Lubbock Reese Redevelopment Authority. RESOLUTION NO.2003-RO577 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes for and on behalf of the City of Lubbock the assignment by Market Lubbock, Inc. of the remaining funds in the amount of $253,958.03, associated with and for the purpose of conducting marketing activities in the Interlocal Agreement dated September 24, 1998, by and between the City of Lubbock and Lubbock Reese Redevelopment Authority back to Lubbock Reese Redevelopment Authority. Said Approval by the Market Lubbock, Inc. Board of Directors 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 18th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Melissa Trevino Melissa Trevino, Budget Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims Assistant City Attorney A copy of the Approval by the Market Lubbock, Inc. Board of Directors is filed with Resolution No. 2003-R0577. Market Lubbock, Inc. (MLI) is a legally separate entity created to promote and enhance economic development within and around the City of 638 Regular City Council Meeting December 18, 2003 Page 639 Lubbock. Its operations are funded by budgeted allocations of the City's property and hotel occupancy taxes and other City contributions. MLI annually adopts an operating budget. Reese Marketing Funds The two-year contract between the City of Lubbock and Market Lubbock, Inc. (MLI) that obligated MLI to provide the marketing efforts for the Reese Center expired on 9/30/03. MLI has a remaining balance in the Reese Marketing account of $253,958.03. Market Lubbock, Inc. is requesting that City Council permit MLI to transfer those remaining funds to the Reese Center for them to use in their continuing marketing efforts. FISCAL IMPACT: There is no fiscal impact to the City of Lubbock operating budget. Staff recommended approval of this resolution. Gary Lawrence, CEO, Market Lubbock, Inc., gave comments. Anita Burgess, City Attorney, also gave comments. Mayor Pro Tem Hernandez requested that staff find out who has oversight of the City of Lubbock and Market Lubbock, Inc. contract. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass Resolution No. 2003-R0577 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Mayor Pro Tem Hernandez voted Nay. (41A.) Resolution No. 2003-R0578 authorizing the City Council to approve the conversion of loans to permanent grants to the Lubbock Sports Authority and Convention and Visitors Bureau from Market Lubbock, Inc. RESOLUTION NO.2003-R0578 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes for and on behalf of the City of Lubbock the assignment by Market Lubbock, Inc. of funds to the Lubbock Sports Authority and Convention and Visitors Bureau as permanent grants in the amount of $284,412.25 for Lubbock Sports Authority and $94,052.15 for Convention and Visitors Bureau. Said Approval by the Market Lubbock, Inc. Board of Directors 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 18th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Melissa Trevino Melissa Trevino, Budget Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims Assistant City Attorney 639 Regular City Council Meeting December 18, 2003 Page 640 A copy of the Approval by the Market Lubbock, Inc. Board of Directors is filed with Resolution No. 2003-R0578. Market Lubbock, Inc. (MLI) is a legally separate entity created to promote and enhance economic development within and around the City of Lubbock. Its operations are funded by budgeted allocations of the City's property and hotel occupancy taxes and other City contributions. MLI annually adopts an operating budget. Lubbock Snorts Authority and Convention & Visitors Bureau For several years, Market Lubbock, Inc. has loaned money to Lubbock Sports Authority (LSA) and to Convention and Visitors Bureau (CVB) to supplement their hotel -motel tax income. These loans have allowed LSA and CVB to attract and service more events than would be possible with their tax funding. MLI is requesting permission from City Council to convert these loans to permanent grants, as LSA and CVB will not be able to repay the loans without compromising their current year operations. The grant amount would be $284,412.25 for Lubbock Sports Authority and $94,052.15 for Convention and Visitors Bureau. Market Lubbock, Inc.'s charter allows Market Lubbock, Inc. funds to be used for this purpose. FISCAL IMPACT: There is no fiscal impact to the City of Lubbock operating budget. Mayor Pro Tem Hernandez asked Gary Lawrence, CEO, Market Lubbock, Inc. to explain the loans. Mr. Lawrence stated these were not one loan, but a series of advances and MLI was asking Council to turn these into permanent grants. Staff recommended approval of this resolution. Council Member Boren returned to the dais. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to pass Resolution No. 2003-RO578 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. PLANNING AND TRANSPORTATION Business and Neighborhood Development (42.) Resolution No. 2003-RO579 authorizing the Mayor to execute a contract with John E. Hall, III, to perform the services as the Executive Director for the North and East Lubbock Redevelopment Project, until the local Community Development Corporation is formed. RESOLUTION NO.2003-RO579 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 Personal Services Agreement and all related documents with John E. Hall, III to perform the services of an Executive Director for the North and East Lubbock Redevelopment Project, until the local Community Development Corporation is formed. 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. 640 Regular City Council Meeting December 18, 2003 Page 641 Passed by the City Council this 18th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Rob Allison Rob Allison, Director Business and Neighborhood Development APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0579. On January 22, 2003, the North and East Lubbock Development Commission submitted recommendations and an action plan to the City Council. One of the recommendations was to hire an Executive Director to lead the redevelopment effort in the target area. The North and East Lubbock Development Advisory Committee received approximately thirty-five applications and resumes for the Executive Director position. The Advisory Committee interviewed two finalists. John E. Hall, III, was unanimously chosen for the Executive Director position. The term of the contract is for three months with an extension clause. General services of the Executive Director for the North and East Lubbock Redevelopment Project will be: 1) initiate, develop and coordinate planning activities under direction of the City of Lubbock and in coordination with the North and East Lubbock Redevelopment Committee for developing a non-profit Community Development Corporation for North and East Lubbock; 2) direct activities to file Articles of Incorporation and Bylaws for the North and East Lubbock Community Development Corporation; and 3) represent the planned Community Development Corporation at Master Plan Meetings. FISCAL IMPACT: The three-month contract amount is $6,250 per month, plus a $350 per month car allowance. Currently, the available funds in Capital Project #940-9405 is $239,055. The total amount of the contract including salary, car allowance, COBRA payments, and relocation costs is $20,430. Gary Lawrence, CEO, Market Lubbock, Inc. made comments concerning the North and East Lubbock Advisory Committee and their unanimous decision to recommend Mr. Hall. He also introduced Mr. Hall, who also made comments. The North and East Lubbock Advisory Committee and staff recommended approval of this resolution. Mayor McDougal stated this item would be voted on, but that Council would continue it from Council Chambers to the County Line Restaurant, 701 Regis Avenue between 3:00 and 4:30 P. M. 641 Regular City Council Meeting December 18, 2003 Page 642 Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass Resolution No. 2003-RO579 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next items considered were Items 30-38. Right -of -Way Items 43-44 were considered following Item 47. (43.) Resolution No. 2003-RO581 authorizing the Right -of -Way Department to make an offer to Alice Marie Kester for Lot 3, Block 126, Overton Addition to the City of Lubbock (2305 6'h Street). This item was considered following Item 45. RESOLUTION NO.2003-RO581 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the implementation of the North Overton Tax Increment Finance Reinvestment Zone Project; and WHEREAS, the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple interest to the tract of land further described as Lot Three (3), Block One Hundred Twenty Six (126) Overton Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof, recorded in Volume 18, Page 610, Deed Records, Lubbock County, Texas; in Volume 19, Page 56, Deed Records, Lubbock County, Texas; and in Volume 19, Page 568, Deed Records, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being Alice Marie Kester, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $2,500.00, which is the amount appraised as the value and total damages for the fee simple interest, for the use & benefit of the City of Lubbock, Texas, for the purposes herein stated; and SECTION 3. THAT unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple interest. Passed by the City Council this 18th day of December, 2003. /S/ T.J. PATTERSON T. J. Patterson, Senior Council Member 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 The City of Lubbock is in the process of implementing the North Overton Tax Increment Finance Reinvestment Zone Project Plan. The location at 2305 6`h Street (Lot 3, Block 126, Overton Addition) is a 6,371 square foot 642 Regular City Council Meeting December 18, 2003 Page 643 residential lot, owned by Alice Marie Kester, which is needed for this project. Merle Blosser M.A.I. appraised this property at $2,500. This is our offer to Mrs. Kester. This resolution also authorizes the City, pursuant to Section 311.008 of the Tax Increment Financing Act, to institute condemnation proceedings to acquire this property if our offer is refused. FISCAL IMPACT: The acquisition of this property is consistent with finance and project plans adopted by the Board of Directors of the North Overton Tax Increment Finance Reinvestment Zone and approved by the City Council. The funding for this acquisition process will be from the TIF fund (950). A total of $1,645,000 was appropriated and $1,627,029 is available in project number 90300 (The Centre, Phase 1, Project 2). The Right -of -Way Department recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2003-RO581 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Mayor Pro Tern Hernandez recused themselves. (44.) Resolution No. 2003-RO582 authorizing the Right -of -Way Department to make an offer to Lane Hardwicke a/k/a Lane Edward Hardwicke for Lot 22, Block 129, Overton Addition to the City of Lubbock (2406 9'h Street). RESOLUTION NO.2003-RO582 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the implementation of the North Overton Tax Increment Finance Reinvestment Zone Project; and WHEREAS, the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple interest to the tract of land further described as Lot Twenty Two (22), Block One Hundred Twenty Nine (129) Overton Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof, recorded in Volume 18, Page 610, Deed Records, Lubbock County, Texas; in Volume 19, Page 56, Deed Records, Lubbock County, Texas; and in Volume 19, Page 568, Deed Records, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being Lane Hardwicke awa Lane Edward Hardwicke, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $61,000.00, which is the amount appraised as the value and total damages for the fee simple interest, for the use & benefit of the City of Lubbock, Texas, for the purposes herein stated; and SECTION 3. THAT unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple interest. 643 Regular City Council Meeting December 18, 2003 Page 644 Passed by the City Council this 18th day of December, 2003. /S/ T. J. PATTERSON T. J. Patterson, Senior Council Member 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 The City of Lubbock is in the process of implementing the North Overton Tax Increment Finance Reinvestment Zone Project. The location at 2406 9`h Street (Lot 22, Block 129, Overton Addition) is a residential property, owned by Lane Hardwicke, which is needed for this project and contains a 2,538 square foot house. Merle Blosser M.A.I. appraised this property at $61,000, which is our offer to Mr. Hardwicke. This resolution also authorizes the City, pursuant to Section 311.008 of the Tax Increment Financing Act, to institute condemnation proceedings to acquire this property if our offer is refused. FISCAL IMPACT: The acquisition of this property is consistent with finance and project plans adopted by the Board of Directors of the North Overton Tax Increment Finance Reinvestment Zone and approved by the City Council. The funding for this acquisition process will be from the TIF fund (950). A total of $1,645,000 was appropriated and $1,627,029 is available in project number 90300 (The Centre, Phase 1, Project 2). The Right -of -Way Department recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2003-RO582 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Mayor Pro Tem. Hernandez recused themselves. 11:52 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present, except Council Members Boren and Martin 4:02 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers All council members were present, except Council Member Boren Item 39 was heard again at 4:02 p. m. Streets (45.) Resolution No. 2003-RO580 authorizing the Mayor to sign a Local Project Advance Funding Agreement (Safe Routes to School Project No. 0205002), and any associated documents, between the City of Lubbock and the Texas Department of Transportation. This item was considered following Item 39. 644 Regular City Council Meeting December 18, 2003 Page 645 RESOLUTION NO.2003-RO580 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 Local Project Advance Funding Agreement (Safe Routes to School Project No. 0205002) and any associated documents by and between the City of Lubbock and Texas Department of Transportation. 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 18th day of December, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Jeryl D. Hart, Jr. Jeryl D. Hart, Jr., PE, City Traffic Engineer APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, Attorney of Counsel A copy of the Agreement is filed with Resolution No. 2003-R0580. The City was awarded this grant March 2003 by the Texas Transportation Commission. This project is in the UNIT/Tech Terrace Neighborhood and primarily involves construction of additional sidewalks on Boston, Flint, Canton, and 261h Street improving the pedestrian routes to the elementary and junior high schools in this neighborhood. The grant application was developed with significant help from the neighborhood association and the local schools. The neighborhood association has committed to secure any easements needed to avoid taking out trees wherever possible. FISCAL IMPACT: The City's matching funds for this project were approved at the revised budget in June 2003, which was mistakenly referred to as a bike route. The funding comes from prior years bonds in the Streets fund. This project will include several additional curb ramps, thus reducing a future funding requirement. Since City policy requires the adjacent landowner to maintain the sidewalks, no additional maintenance costs for the new sidewalks should be incurred, except at the park property locations. The total, not to exceed contract amount, is $312,410. The City's portion is $62,482 and the Federal portion is $249,928. The Traffic Engineering, Legal, and Neighborhood & Business Development Departments recommended approval of this resolution. 'r Motion was made by Council Member Patterson, seconded by Council Member Martin to pass Resolution No. 2003-RO580 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 47. 645 Regular City Council Meeting December 18, 2003 Page 646 PUBLIC WORKS Other (46.) Consider an amendment of Chapters 6, 12 and 28 of the City of Lubbock's Code of Ordinances regarding landscaping irrigation systems and operation of irrigation systems, providing penalties, and providing savings clause. This item was deleted. (47.) Consider one appointment to the West Texas Municipal Power Agency. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to appoint Carroll McDonald to the West Texas Municipal Power Agency. Motion carried: 7 Yeas, 0 Nays. The next items considered were Items 43-44. 8:35 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas All council members were present, except Mayor Pro Tem Hernandez. Mayor McDougal stated that Mr. Pupo had withdrawn as a candidate for the City Manager position and also stated that Council has opted to scrap the search and start a new search immediately. Motion was made by Council Member Patterson, seconded by Council Member Morrison to accept the resignation of Interim City Manager Tommy Gonzalez immediately, and direct staff to consummate the agreement of terms of separation reached between the Mayor and Mr. Gonzalez and reduce it to writing for approval by the Council. Motion carried: 6 Yeas, 0 Nays. Motion was made by Council Member Patterson, seconded by Council Member Morrison to appoint Quincy White as the Acting City Manager until such time as an Interim City Manager is selected.. Motion carried: 6 Yeas, 0 Nays. 8:40 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor McDougal adjourned the meeting. Read and approved this ( day of �(`Q,i , 2005. 646