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Home My WebLink AboutMinutes - City Council - Regular - 1/8/2004CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JANUARY 8, 2004 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 8th day of January, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:31 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T.J. Patterson Absent: No one. CITIZEN COMMENTS Twelve citizens expressed comments to the Council. Mayor McDougal left the dais. Council Member Hernandez expressed comments related to eminent domain in the North Overton Addition. Mayor McDougal returned to the dais. Citizen Comments by representatives of the League of United Latin American Citizens (LULAC) related to the City Manager Search process. Those appearing to express comments related to the City Manager Search process included: Ruben Alvarez, who represented LULAC; Irma Guerrero; Dela Esqueda, Christy Martinez, Gilbert Flores, Lala Chavez, John Cervantez, Mikel Ward, Isidro Gutierrez, Ysabel Luna and Emilio Abeyta. EXECUTIVE SESSION Mayor McDougal stated: "The City Council will hold an executive session today for the purpose of consulting with the City Staff with respect to pending or contemplated litigation: purchase, exchange, lease or value of real property; personnel; competitive matters of the Public Power Utility; and to review the certified agenda from the prior executive session as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meeting Law." 8:09 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 (Information Technology; Lubbock Power and Light). (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 (Overton; Public Works; Right -of -Way; Water Utilities). (3.) 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; Fire Chief; Mayor Pro Tem; Police Chief) and take appropriate action. This item was also considered in Regular Session, following Item 52, to take the following action: Motion was made by Council Member Martin, seconded by Council Member Gilbreath as follows: Regular City Council Meeting January 8, 2004 Page 4 To confirm the decision of the City Manager to assign additional duties to the Fire Chief and Police Chief to act as Assistant City Managers for a period not to exceed ninety (90) days. At the request of both Chiefs, they will receive no additional salary; and To authorize the City Attorney to perform the duties of Assistant City Manager in the areas of Public Works and Planning and Transportation and for the First Assistant City Attorney to act as City Attorney in these matters for a period not to exceed ninety (90) days. For all other functional areas, the City Attorney will retain her duties as the City Attorney. At the request of the City Attorney and the First Assistant City Attorney, they will receive no additional salary. Motion carried: 6 Yeas, 1 Nay. Council Member Hernandez voted Nay. 12:44 P. M. CITY COUNCIL RECESSED BACK TO EXECUTIVE SESSION FOLLOWING THE ABOVE ACTION City Council/City Manager's Conference Room (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; and to discuss and deliberate a competitive matter regarding operation, financial and capital statements and budgets, revenue and expense projections, strategic and business plans and studies of Lubbock Power and Light. (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 (6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.103, to review certified agenda from the prior executive session (City Secretary). WORK SESSION (7.) Discussion of terrorism coverage offered on various bonds required by the City of Lubbock. This item was heard at the 01/07/04 Special City Council Meeting. 10:07 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson; Quincy White, Acting City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: No one Mayor McDougal called the meeting to order at 10:07 A. M. (8.) Invocation by Pastor Louise Schock, Senior Pastor, Asbury United Methodist Church. (9.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. 4 Regular City Council Meeting January 8, 2004 Page 5 BOARD APPOINTMENTS RECOGNITION Board of Electric Utility Governance Commission Receiving: W. R. Collier Marciano Morales John Owens Lloyd Rinehart (unable to attend) Chris Snead J. Q. Warnick (unable to attend) Craig Wells (unable to attend) Connie Wharton (unable to attend) John Zwiacher (unable to attend) CITIZENS APPEARANCES (10.) Recognition of the Lubbock Chamber of Commerce Staff and Board of Directors for their hard work and dedication to the Lubbock community. The Lubbock Chamber of Commerce, established in 1913, has worked diligently on behalf of Lubbock and the City's many businesses. The Chamber is an organization that helps remove obstacles to Lubbock commerce as well as identifying and creating opportunities for successful Lubbock business. The Chamber also champions vital causes for the entire community. The following Lubbock Chamber of Commerce Staff and Board of Directors were recognized for their hard work and support of the Lubbock community as well as their continued efforts to improve our City. Staff Members: Jay Dycus, Marie Hanza, Theresa Hardin, Belinda Johnson, Eddie McBride, Doug Morris, and Michael Reeves. Board Members: Dela Esqueda, Danny Espinosa, Steve Massengale, Irasema Velasquez, Alan Henry, Steve Siege, Tony Whitehead, Tom Hawkins, Dan Pope, Martha Morales, Kevin McMahon, Billie Caviel, Joe Stephenson, Charley Trimble, Connie Wharton, Greg Garland, Charles E. Henry, Randy Sanders, Eddie McBride, Wayne Havens, David Langston, Craig Bean, Greg Garrison, Todd McKee, John Johnson, Steve Verett, Perry Tipton, Brad Moran, Randy Christian, David George, Chris Lonngren, John Elliot, Michael Shonrock, David Smith, Matt Bumstead, Jim Courtney, Keith Polk, Linda Gaither, Gordon Wilkerson, Mary Ann Rojas, Steve Deaton. Charley Trimble, Chair of the Board of Directors, and Eddie McBride, President, gave comments. (11.) Recognition of the People to People Student Ambassador Program. This item was deleted. The first item considered was Item 48, followed by Item 44. CONSENT AGENDA (Items 12-14,16-27, 29-311 Council Member Boren was away from the dais. Motion was made by Council Member Morrison, seconded by Mayor Pro Tern Patterson to approve Items 12-14, 16-27, 29-31 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (12.) Approval of Minutes: December 18, 2003 Regular City Council Meeting (13.) ORDINANCE NO. 2003-00135—Changing the name of Quitsna Avenue to Research Boulevard in recognition of valuable research being performed at Reese Center (second and final reading). E Regular City Council Meeting January 8, 2004 Page 6 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 first reading of this street name change ordinance was approved by the City Council as a routine, consent agenda item at the December 18, 2003 Council meeting. The Board at Reese Center supported this name change and preliminary work performed by the Lubbock Association of Realtors 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 Avenue 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 41h, 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 supported approval of the second reading of this ordinance. (14.) Ordinance No. 2004-00136 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 42 U.S.C., Section 5308 (second and final reading). 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 the department's revolving loan fund, which will decrease available funding in future years. Community Development recommended approval of this ordinance. R Regular City Council Meeting January 8, 2004 Page 7 The next item considered was Item 16. (15.) ORDINANCE NO. 2003-00137—Amending the Telephone Franchise Ordinance with NTS Communications to require payment on an access line fee basis instead of the current basis of 2% of gross receipts (second and final reading). ORDINANCE NO.2003-00137 AN ORDINANCE AMENDING SECTION 11 OF ORDINANCE NO. 8961 GRANTING A FRANCHISE TO NTS COMMUNICATION 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. This item was moved from consent agenda to regular agenda and was considered following Item 31. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass on second and final reading Ordinance No. 2003-00137 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. The next item considered was Item 28. (16.) Ordinance No. 2004-00138/ZONE CASE NO. 1600-A (1711 Avenue Q): Hold a public hearing to consider request of Lamar Outdoor Advertising for a zoning change from C-4 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. (second and final reading). 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. This item was considered following Item 14. The request would provide zoning to reconstruct a 672 square foot billboard as a replacement for the existing structure. This is a 600 plus square foot nonconforming billboard with no amortization date under the Court order. The board is located at 17`h Street and Avenue Q. Land use in all directions is commercial. During the Planning Commission hearing, Lamar presented the two cases on the December 18th 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 formal arrangement ever existed between the City of Lubbock and Lamar. Years ago Lamar was asked to negotiate relocation sites for signs along the 7 Regular City Council Meeting January 8, 2004 Page 8 freeway corridor, and 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 plus 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 staff did not support the request. The preference of 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. (17.) Resolution No. 2004-R0002 authorizing the Mayor to delegate to the City Manager the authority to reject terrorism coverage on bonds required by the City of Lubbock. RESOLUTION NO. 2004-0002 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 delegate to the City Manager the authority to reject terrorism coverage on bonds required by the City of Lubbock, for and on behalf of the City of Lubbock, and related documents. Passed by the City Council this 8th day of January, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Leisa Hutcheson Leisa Hutcheson, Risk Manager Regular City Council Meeting January 8, 2004 Page 9 APPROVED AS TO FORM: /s/ John M. Knight John Knight, Assistant City Attorney The City requires surety bonds through Charter, Ordinance or purchasing contract agreement to answer for the default and acts or omissions of a party to guarantee the performance under a contract and/or to protect against the dishonesty of its employees. In all instances that the City requires a bond, the City becomes the bondholder or obligee. The City holds approximately 500 surety bonds that are renewed annually. Some bond companies have determined that the Terrorism Risk Insurance Act of 2004 applies to them and are now offering terrorism coverage to the obligee. As with terrorism coverage for the City owned policies, the Council has only 30 days to reject or accept and pay for the coverage. At any time that the City Manager deems an item worthy of consideration for terrorism coverage due to the financial risk or inherent risk in the project, the City Manager would bring that particular issue forward for Council's consideration. FISCAL IMPACT: No funds are directly impacted, however, acceptance of the terrorism coverage could potentially impact costs of projects and costs to citizens doing business in the City of Lubbock. Staff recommended approval of this resolution. (18.) Resolution No. 2004-R0003 ratifying an agreement between the City of Lubbock and Meyers & Associates for federal legislative consulting services in Washington D.C. RESOL'✓TTION NO.2004-R0003 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract between the City of Lubbock and Meyers & Associates, for federal legislative consulting services, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of January, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bob Goodwin Bob Goodwin Corporate Communications Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-00003. 9 Regular City Council Meeting January 8, 2004 Page 10 On December 8, 2003, the Council in action authorized Mayor Marc McDougal to contract with Myers & Associates for legislative consulting services in Washington D.C. Subsequent to that meeting, a contract was negotiated for the period of one year, beginning January 1, 2004 through December 31, 2004. • Terms of the agreement are to pay Myers & Associates $6,750 per month with associated out-of-pocket expenses not to exceed $750 per month. • The City may terminate the contract based on a ninety -day notice of intent to terminate. FISCAL IMPACT: The City of Lubbock will incur a monthly expense of $6,750 for the period of January 1", 2004 through December 315t, 2004 with the possibility of an additional out-of-pocket expense increase not to exceed $750 per month. There is currently budgeted $122,000 in the Legislative fund account no. 0365 for federal and state consultants. Staff recommended approval of this resolution. (19.) Resolution No. 2004-R0004 in regard to the Lubbock Police Department Forfeited Funds Budget for expending funds related to law enforcement activities such as training, equipment, supplies, and investigations. RESOLUTION NO.2004-R0004 WHEREAS, Article 59.06 of the Texas Code of Criminal Procedure provides for the disposition of forfeited property seized by law enforcement officers in the performance of their duties; and WHEREAS, Article 59.06(d) of such Code provides that proceeds awarded to a law enforcement agency may be spent by the agency after a detailed budget for the expenditure of the proceeds has been submitted to the governing body of the municipality for that agency; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the Council hereby accepts and approves the budget submitted by the Lubbock Police Department for the expenditure of proceeds awarded to the Department in accordance with Article 59.06 of the Texas Code of Criminal Procedure. Passed by the City Council this 8th day of January, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Prior to the expenditure of forfeited funds, The Texas Code of Criminal Procedure requires a law enforcement agency to submit a budget for these funds to the governing body of that agency. The funds involved are the result of special police investigations where the Lubbock Police Department has seized assets during an investigation. The 10 Regular City Council Meeting January 8, 2004 Page 11 appropriate Court then awards these assets to the Lubbock Police Department to be used solely for law enforcement purposes. Texas Code of Criminal Procedure Article 59.06, Section d, which reads in part: "A special fund in the municipal treasury if distributed to a municipal law enforcement agency, to be used solely for law enforcement purposes, such as salaries and overtime pay for officers, officer training, specialized investigative equipment and supplies, and items used by officers in direct law enforcement duties; ... a commissioners court or governing body of a municipality may not use the existence of an award to offset or decrease total salaries, expenses, and allowances that the agency or the attorney receives from the commissioners court or governing body at or after the time the proceeds are awarded..." The budget for the funds forfeited to the Lubbock Police Department is outlined in the document provided in council backup. FISCAL IMPACT: The funds involved in the Lubbock Police Department Forfeited Funds Budget will have no adverse fiscal impact upon the City of Lubbock's Fiscal Budget and are not derived from the General Fund. The Lubbock Police Department recommended approval of this resolution. (20.) Resolution No. 2004-R0005 authorizing the Mayor to accept the conveyance, by General Warranty Deed (the MLI Deed), from Market Lubbock Economic Development Corporation (Market Lubbock), of the real property located in Section 38, Block D, Lubbock County, Texas, located north of the Airport, as described in such General Warranty Deed. RESOLUTION NO.2004-R0005 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock hereby accepts the General Warranty Deed from Market Lubbock Economic Development Corporation to the City of Lubbock, conveying that certain tract of land located in Section 38, Block D, Lubbock County, Texas, as described therein, and all of its terms and provisions. A true and correct copy of the General Warranty Deed 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 8th day of January, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ John McGinley John McGinley Interim Director of Aviation APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney 11 Regular City Council Meeting January 8, 2004 Page 12 A copy of the General Warranty Deed is filed with Resolution No. 2004-R0005. This item authorized one of three remaining transactions to be completed regarding the exchange contemplated by the Agreement between the City and Market Lubbock, Resolution 2004-R0214, dated May 23, 2004. The Agreement provides for several exchanges arising out of the relative transactions and agreements between the City, Market Lubbock, and Tyco. In the Agreement, Market Lubbock agreed to convey certain real property located north of the Airport (approximately 300 acres) to the City. Market Lubbock also agreed to build the Phase II extension of the Westport Access Road from the executive T-hangars to the new Tyco plant and to perform related economic development work at the Airport in the amount of $24, 281.48. In exchange, the City (i) conveyed real property, by General Warranty Deed dated June 2, 2004, Resolution 2004-R0218, to Market Lubbock whereon the Tyco plant was built (requisite releases and/or approvals of the conveyance of the Tyco Tract were obtained as evidenced by the Deed of Release from the FAA dated June 13, 2004, and Council Resolution 2004- R0218); (ii) agreed to convey the FAA Hangar to Market Lubbock as personal property; and (iii) agreed to lease the real property where the FAA Hangar is located to Market Lubbock for a term of 40 years. This item will authorize the acceptance of the conveyance of 301.64 acres in Section 38, Block D, Lubbock County, Texas (located at the northeast corner of the intersection of U.S. 87 and F.M. 1294) from Market Lubbock to the City. Lubbock Abstract and Title will issue to the City an Owner's Policy of Title Insurance. Approval of this item will have the effect of closing the real estate conveyance contemplated by the Agreement between the City and Market Lubbock, Resolution 2004-R0214, dated May 23, 2004. As previously stated, this item formalizes one of three remaining transactions necessary to complete the relative exchanges contemplated by the Agreement. FISCAL IMPACT: Not Applicable. This conveyance contemplates exchange of real property of equal value. Staff recommended approval of this resolution. (21.) Resolution No. 2004-R0006 authorizing the Mayor to execute a Bill of Sale conveying the personal property located at 310 East Edinboro Street, at the Airport, known as the FAA Hangar, to Market Lubbock Economic Development Corporation (Market Lubbock). RESOLUTION NO.2004-R0006 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 Bill of Sale, from the City of Lubbock to Market Lubbock Economic Development Corporation, and any other related documents. The Bill of Sale assigns the property described as the FAA Hangar, located at 310 East Edinboro Street at the Lubbock International Airport, as more particularly described therein. Said Bill of Sale 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 Passed by the City Council this 8th day of January, 2004. /S MARC MCDOUGAL MARC MCDOUGAL, MAYOR 12 Regular City Council Meeting January 8, 2004 Page 13 ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ John McGinley John McGinley Interim Director of Aviation APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the Bill of Sale is filed with Resolution No. 2004-R0006. This item will authorize one of three remaining transactions to be completed regarding the exchange contemplated by the Agreement between the City and Market Lubbock, Resolution 2004-R0214, dated May 23, 2004. The Agreement provides for several exchanges arising out of the relative transactions and agreements between the City, Market Lubbock, and Tyco. In the Agreement, Market Lubbock agreed to convey certain real property located north of the Airport (approximately 300 acres) to the City. Market Lubbock also agreed to build the Phase II extension of the Westport Access Road from the executive T-hangars to the new Tyco plant and to perform related economic development work at the Airport in the amount of $24, 281.48. In exchange, the City (i) conveyed real property, by General Warranty Deed dated June 2, 2004, Resolution 2004-R0218, to Market Lubbock where the Tyco plant was built; (ii) agreed to convey the FAA Hangar to Market Lubbock as personal property; and (iii) agreed to lease the real property where the FAA Hangar is located, to Market Lubbock for a term of 40 years. The Bill of Sale contemplated by this agenda item will formalize the exchange between the parties concerning the FAA Hangar as provided for in Resolution 2004-R0214. FISCAL IMPACT: The Bill of Sale contemplates a portion of the exchanges of equal value discussed above. Staff recommended approval of this resolution. (22.) Resolution No. 2004-R0007 authorizing the Mayor to execute a Lease Agreement with Market Lubbock Economic Development Corporation (Market Lubbock). The leased real property is located at 310 East Edinboro Street, at the Airport, where the FAA Hangar is located. RESOLUTION NO. 2004-00007 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement between the City of Lubbock and Market Lubbock Economic Development Corporation for the lease of land on which the FAA Hangar is located, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 13 Regular City Council Meeting January 8, 2004 Page 14 Passed by the City Council this 8th day of January, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ John McGinley John McGinley Interim Director of Aviation APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0007 This item authorized one of three remaining transactions to be completed regarding the exchange contemplated by the Agreement between the City and Market Lubbock, Resolution 2004-R0214, dated May 23, 2004. The Agreement provides for several exchanges arising out of the relative transactions and agreements between the City, Market Lubbock, and Tyco. In the Agreement, Market Lubbock agreed to convey certain real property located north of the Airport (approximately 300 acres) to the City. Market Lubbock also agreed to build the Phase II extension of the Westport Access Road from the executive T-hangars to the new Tyco plant and to perform related economic development work at the Airport in the amount of $24, 281.48. In exchange, the City (i) conveyed real property, by General Warranty Deed dated June 2, 2004, Resolution 2004-R0218, to Market Lubbock where the Tyco plant was built; (ii) agreed to convey the FAA Hangar to Market Lubbock as personal property; and (iii) agreed to lease the real property, where the FAA Hangar is located, to Market Lubbock for a term of 40 years. The Lease is a standard lease executed with other tenants at the Airport. It contains all the requisite FAA assurances and other standard City requirements. The Lease provides for the current market ground lease rate of $0.1182 per square foot of property leased per year. Based on 74,487 square feet of ground lease, the Lease will generate $8,804.43 annually in additional revenue to the Airport. However, there is one notable caveat - the rent structure does not engage until and unless there is a tenant in the FAA Hangar. Likewise, if the Lease terminates, the obligation regarding the payment of rent also stops until the FAA Hangar is leased again. Staff recommended this rent structure due to the apparent public purposes (economic development) that will be served by the Lease. Although the Airport Board has not taken specific action on this Lease, they did previously give the staff consensus to complete the Lease upon a detailed work session presentation of the entire City/Market Lubbock /Tyco relationship and subsequent agreements. Consensus was conditioned on using a standard lease. 14 Regular City Council Meeting January 8, 2004 Page 15 FISCAL IMPACT: Subject to the above caveat, the Airport's revenue is increased by $8,804.43 annually. Staff recommended approval of this resolution. (23.) Resolution No. 2004-R0008 authorizing a 36 Month Agreement to Thomson West for providing online services for legal research. RESOLUTION NO.2004-0008 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 36 Month Agreement by and between the City of Lubbock and Thomson West for online services for legal research, 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 8th day of January, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT AND FORM: /s/ Anita Burgess Anita Burgess, City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0008. Thomson West is a company, which provides online research material at one site. The package offered by Thomson West includes material staff currently have made available through LexisNexis and material that is currently provided by other sources. All staff will be provided with their own IDs and can access Thomson West from anywhere (i.e. office, home, out of town) with Internet access. This network capability allows for: faster research, ability to fax, email from the screen, ability to track costs, usage and databases for needed reports, and is easy to learn and navigate. Our previous provider's online legal research fees increased this year. This office will realize a savings of $9,777.60 per year by using Thomson West. This considerable cost savings is realized without any loss of research capability. FISCAL IMPACT: Our current contract with LexisNexis for online services is $3,355 per month. The same online service with Thomson West will be $1732.20. Thomson West does not provide Matthew Bender products, which are essential resources for this office. These products can be added for $808 per month. The two services total $2,540.20, for a savings of $814.80 per month. Staff recommended approval of this resolution. (24.) Resolution No. 2004-R0009 authorizing the Mayor to execute a lease agreement with Voicestream Wireless Corp. for use of the elevated storage tank at 35`h Street and Avenue W for a wireless communication platform. 15 Regular City Council Meeting January 8, 2004 Page 16 RESOLUTION NO. 2004-0009 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Voicestream Wireless Corporation of Lubbock, Texas to lease City property located at the intersection of 351h and Avenue W, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 8th day of January, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook Managing Director Water Utilities APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0009. This lease agreement is similar to four existing leases for use of the elevated storage tanks at 501h Street and Joliet Avenue and 74`h Street and Genoa Avenue for wireless communication platforms. The lease rate is $1,200 per month ($14,400 per year) compared to the lease rate of $625 per month ($7,500 per year) on the existing leases. The initial term of the lease is 10 years with two additional five-year term extensions with written approval. The lease rate increases by 1.5 percent per year. FISCAL IMPACT: There is a positive impact of $1,200 per month on the Water Fund balance. Staff recommended approval of this resolution. (25.) Resolution No. 2004-R0010 authorizing acceptance of water and sanitary sewer improvements for Tract A, Devonshire Estates Addition to the City of Lubbock, Lubbock County, Texas, on Upland Avenue between 1071h and 1101h Streets. RESOLUTION NO. 2004-R0010 A RESOLUTION ACCEPTING TRACT A, DEVONSHIRE ESTATES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract A, Devonshire Estates Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $34,017.05 with the improvements constructed by Weaver Ditching Services, Inc., having a value of $28,340.25 as determined by the unit prices established by said Chapter 28, and $5,676.80 cash paid to the City, which amount includes $5,060.00 cash for adjacent lines, with John Locke the developer, to receive a refund of $23, 072,95 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and FRI Regular City Council Meeting January 8, 2004 Page 17 WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the water utilities engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $23,072.95 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 8th day of January, 2004. /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/ John M. Knipht for Linda Chamales Linda Chamales, Supervising Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $34,017.05 and has a value of $ 28,340.25, as determined by the unit prices established by said Chapter 28. Cash paid to the City of Lubbock is $5,676.80, which includes $5,060 for adjacent mains. The developer, John Locke, will receive a refund of $23,072.95 in accordance with Chapter 28, of the Code of Ordinances of the City of Lubbock. There is no refund deposit. The subdivision is located on Upland Avenue between 1071h and II0`h Streets. FISCAL IMPACT: Negligible impact on Operational Maintenance. Staff recommended approval of this resolution. (26.) Resolution No. 2003-R0011/R1P #167-03/RW —for Library Self - Check System (Library). RESOLUTION NO. 2004-R0011 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per RFP #167- 03/RW to provide library self -check system, by and between the City of Lubbock and 3M Security Systems Division of Saint Paul, Minnesota, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 17 Regular City Council Meeting January 8, 2004 Page 18 Passed by the City Council this 8th day of January, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0011. This Request for Purchase (RFP) was for the purchase of four self -check machines that will be located at Mahon, Godeke, Groves and Patterson libraries. Three of these machines will replace old equipment in need of replacement. New self -check machines will provide an added service to the citizens of Lubbock by allowing library staff to provide better customer service and more efficient reference/reader service. A committee of Library staff used the following criteria to evaluate and rank the proposals: 1. Overall cost of equipment and services. 40% 2. Availability of certified technicians. 30% 3. Quality of references received from business users of vendors. 15% 4. Ongoing support from vendor. 15% The Committee ranked the proposals accordingly, using the criteria listed above. The Committee evaluated the proposals on a hundred -point scale. 1. 3M Security Systems Division of St. Paul, MN 2. Highsmith -Castle of Rick, CO 3. Vernon Library Supplies, Inc. of Norcross, GA 4. Libramation of Edmonton, Alberta, Canada 3M Highsmith Vernon Libramation Inc. Quality of 80 60 40 60 References Certified 100 70 50 60 Technicians Cost of 80 70 40 60 Equipment Ongoing 75 71 100 70 Support The proposals were ranked as follow: 1. 3M (85.25) 2. Highsmith Inc. (68.65) 3. Libramation (61.5) 4. Vernon Library Supplies (52) IN Regular City Council Meeting January 8, 2004 Page 19 The Committee recommended the purchase of four 3M Self Check units. Sirsi, the Library's automation software company, certifies 3M. This ensures the Library that the self -check machines from 3M will perform well with the automation software for standardization purposes. The Library currently uses 3M Tattle -Tape security strips and 3M security gates to protect material from being stolen. FISCAL IMPACT: A total of $97,000 was appropriated, with $97,000 available in project number 90242.9225.40000 (Library Self Check Upgrade) for this purpose. Award bid to 3M Security Systems Division of St. Paul, Minnesota for $85,400, (27.) Resolution No. 2004-R0012; Resolution No. 2004-R0013/BID #212- 03/11M — for Potable Water Distribution System Pipe, Valves, Fittings and Casing (Water Engineering). RESOLUTION NO. 2004-R0012 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #212- 03BM to provide potable water distribution systems: pipe, valves, fittings and casing, by and between the City of Lubbock and O'Toole Industries of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of January, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0012. RESOLUTION NO.2004-R0013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK _ THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #212- 03/BM to provide potable water distribution systems: pipe, valves, fittings and casing, by and between the City of Lubbock and Jarvis Metals Recycling of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 19 Regular City Council Meeting January 8, 2004 Page 20 Passed by the City Council this 8th day of January, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0013. This bid is for the purchase of potable water distribution system pipe, valves, fittings, and casing for three projects being undertaken by the City of Lubbock Public Works Department. These projects are (1) re-routing existing water main for the Marsha Sharp Freeway at 0' Street and U.S. Highway 82, (2) upgrading the water distribution system within the Lubbock Downtown area, and (3) replacing and upgrading aging potable water lines at various locations throughout Lubbock. These projects will be performed by the City's Pipeline Maintenance crews and by the City's annual unit price contractors (H.D. Weaver and Rink's Leasing Service). ---- Water distribution material, including 16-inch water pipe, fittings, valves, and steel bore casing, is required for the successful completion of these projects. The Marsha Sharp Freeway project requires approximately 3,220 feet of 16- inch water line in an effort to re-route an existing 16-inch line. At two locations crossing the proposed freeway's paved areas, 30 inch diameter steel casing also is required. All fittings, such as tapping sleeves, tapping valves, bends, air release valves, and butterfly valves are included. The water line will begin near the intersection of Boston Avenue and 3rd Street and end at a point in the Coliseum parking lot. This project is needed to relocate City water mains that are currently in conflict with the proposed paved areas of the Marsha Sharp Freeway. New water mains need to be constructed and tied into the existing system. The current water mains will be abandoned in their current location. The route of each line is chosen based on the availability of land, number of utilities in the area and clearance from the proposed freeway structures. The final design represents the most economically feasible routes in which the new water lines could be placed. Approximately 6,400 feet of pipe and water distribution material is needed to replace aging potable water lines within the Lubbock Downtown area. Approximately 5,300 feet of pipe and water distribution material is needed to replace aging potable water lines at various other locations within the City of Lubbock. Twenty-five local firms were notified of the Invitation to Bid. Two bidders bid on the steel casing only, and three bidders were "non -responsive", because they did not bid on all of the items indicated as "All or None" on the bid form. These items were designated as "All or Regular City Council Meeting January 8, 2004 Page 21 None" in order to ensure compatibility and uniformity and to allow for positive control over materials delivery throughout the projects. Of the three responsive bidders for the "All or None" portion of the bid, O'Tool Industries of Lubbock, Texas is the lowest bid for $252,746. Of the four bids received for the 30-inch steel casing portion of the bid, Jarvis Metals Recycling of Lubbock, Texas is the lowest bid for $26,308.80. FISCAL IMPACT: A total of $2,415,000 was appropriated and $1,391,718 is available in project number 9742 (Water Lines Ahead of Marsha Sharp Freeway) for this purpose. A total of $2,500,000 was appropriated and $2,499,241 is available in project number 90274 (Downtown Water Line Replacement) for this purpose. A total of $3,200,000 was appropriated and $3,180,066 is available in project number 90273 (Major Water Line Replacement) for this purpose. Award bid items 1 through 34 to O'Tool Industries of Lubbock, Texas for $252,746, and Item 35 to Jarvis Metals Recycling of Lubbock, Texas for $26,308.80. The next item considered was Item 29. (28.) Resolution No. 2004-R0017/ BID #216-03/RS — for 2004 Primary Streets Maintenance Program (Street Department). RESOLUTION NO.2004-R0017 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract per ITB #216-03/RS to provide for the 2004 primary streets maintenance program, by and between the City of Lubbock and Granite Construction Company of Watsonville, California, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of January, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0017. This item was moved from consent agenda to regular agenda, considered following Item 15 and reconsidered following Item 32. 21 Regular City Council Meeting January 8, 2004 Page 22 This bid is for two -course seal coat (rehabilitative maintenance) on selected primary streets throughout the City of Lubbock. Various patching items will be used to replace failed areas on selected streets. The patching phase can start in late February 2004 on the streets to be sealed. The seal coat operations can start on May 15, 2004, and will be completed by August 15, 2004. Twenty-five local contractors were notified of the Invitation to Bid. FISCAL IMPACT: A total of $1,600,000 was appropriated, with $800,000 available in project number 90323 (Seal Coat Program 2003-2004) for this purpose. Award bid to Granite Construction Company of Watsonville, California for $794,292.50, . Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2003-R0017 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. The next item considered was Item 32. This item was reconsidered following Item 32. During reconsideration, Council Member Boren asked why Lone Star Dirt & Paving Contractors, who came in as second low bidder (1.3% over another vendor not located in Lubbock), would not be considered under the 3% rule? Anita Burgess, City Attorney, stated that the 3% local preference law applies to the purchase of real estate or goods. It does not apply to public works services or contracts. Because of this, it was the opinion of the Purchasing Department and City Attorney's Department that it did not apply to this particular item. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass the reconsideration of Resolution No. 2003- R0017 recommended by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Boren voted Nay. Council Member Hernandez was away from the dais. After reconsideration of Item 28, the next items considered were Items 33-35. (29.) Resolution No. 2004-R0014/BID #217-03/RS —for 2004 Secondary Streets Maintenance Program (Street Department). RESOLUTION NO. 2004-R0014 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract per ITB #217-03/RS to provide for the 2004 secondary streets maintenance program, by and between the City of Lubbock and Lone Star Dirt & Paving of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of January, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 22 Regular City Council Meeting January 8, 2004 Page 23 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0014. This item was considered following Item 27. This bid is for seal coat on selected secondary streets throughout the City of Lubbock; either a single course seal (preventative maintenance) or a two course seal (rehabilitative maintenance). The various patching items will be used to replace failed areas on the selected streets. The patching phase can start in late February 2004 on the streets to be sealed. The seal coat operations can start on May 15, 2004, and will be completed by September 15, 2004. Twenty-five local contractors were notified of the Invitation to Bid. FISCAL IMPACT: A total of $1,600,000 was appropriated and $800,000 is available in project number 90323 (Seal Coat Program 2003-2004) for this purpose. Award bid to Lone Star Dirt and Paving of Lubbock, Texas for $714,146.70, . (30.) Resolution No. 2004-R0015/BID #224-03/RS —for Bio-Safety Level 3 Laboratory Facility Construction (Facilities Management). RESOLUTION NO. 2004-R0015 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract per ITB #224-03/RS to provide for the Bio-Safety Level 3 Laboratory Facility Construction, by and between the City of Lubbock and Pharr & Company of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of January, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney 23 Regular City Council Meeting January 8, 2004 Page 24 A copy of the Contract is filed with Resolution No. 2004-R0015. This bid is for the construction of a new bio-safety level-3 facility at the Health Department that will serve a 60-plus county area for level-3 hazardous materials. This project includes a fully self-contained lab with emergency generator power backup. The emergency generator will also handle selected lighting and power in areas throughout the Health Department. Twenty-eight local vendors were notified of the Invitation to Bid. FISCAL IMPACT: A total of $1,163,500 was appropriated, with $1,075,000 available in various accounts. These available funds include $818,000 in project number 81036 (Texas Department of Health Grant), $55,000 in project number 81037 (County/City Bio-terrorism Grant), $100,000 in project number 87012 (Metropolitan Medical Response System Grant), and $102,000 in capital project number 90244 (BSL-3 Facility) for this purpose. Award bid to Pharr & Company of Lubbock, Texas for $1,004,500, . (31.) Resolution No. 2004-R00161BID #253-03BM — for Aerial Fire Apparatus (Fire Department). RESOLUTION NO. 2004-R0016 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per RFQ #253- 03BM to provide for Aerial Fire Apparatus, by and between the City of Lubbock and Fire Apparatus Specialists of South Houston, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of January, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0016. This bid is for the purchase of one aerial ladder platform truck for the City of Lubbock Fire Department. This acquisition of a new E-One 105 foot platform truck is to replace Unit 15 that has surpassed its useful 20-year service life. This vehicle is a Houston -Galveston Area Council (H-GAC) base bid vehicle that will include additional custom items in preparation for local service. When received, the unit shall be assigned to Station 7. 24 Regular City Council Meeting January 8, 2004 Page 25 Selection of this specific vehicle over other available platform models shall preserve standardization of such models throughout the department, its parts and equipment currently in inventory and permit effective and efficient maintenance attributed to the familiarity that department mechanics currently command with other comparable vehicles. Purchase of this equipment is through an inter -local cooperative purchasing agreement between the City of Lubbock and H-GAC. There are no local suppliers for this aerial fire apparatus. FISCAL IMPACT: A total of $713,681 was appropriated, with $713,681 available in project number 90233 (Equipment Capital Outlay - Motor Vehicles Snorkel Replacement 02-03) for this purpose. Award contract to Fire Apparatus Specialists of South Houston, Texas for $692,774. The next item considered was Item 15. ORDINANCES FOR PASSAGE First Reading (32.) Ordinance No. 2004-00002 abandoning and closing a blanket garbage collection easement and a blanket underground utility easement and a transformer pad easement located in Tracts F-3 and F-4, Shadow Hills Addition to the City of Lubbock (5822 4th Street) first reading). ORDINANCE NO. 2004-00002 AN ORDINANCE ABANDONING AND CLOSING A BLANKET GARBAGE COLLECTION EASEMENT AND BLANKET UNDERGROUND UTILITY AND TRANSFORMER PAD EASEMENT LOCATED IN TRACTS F-3 AND F-4, SHADOW HILLS ADDITION TO THE CITY OF LUBBOCK, 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 item was considered following Item 28. This ordinance abandons and closes the blanket garbage collection, underground utility, and transformer pad easement located in Tracts F-3 and F-4 of the Shadow Hills Addition. These Tracts are located on the north side of 4th Street, just west of Frankford Avenue. These blanket easements being abandoned and closed will be replaced by specific location easements. FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the first reading of this ordinance. Council Member Boren returned to the dais. Motion was made by Council Member Gilbreath, seconded by Council Member Patterson to pass on first reading Ordinance No. 2004-00002 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Council Member Boren requested that Item 28 be reconsidered. Motion was made by Council Member Boren, seconded by Council Member Morrison to reconsider Resolution No. 2004-R0017 (Item 28). Motion carried: 6 Yeas, 1 Nay. Council Member Hernandez voted Nay. Motion carried: 7 Yeas, 0 Nays. At this time, Item 28 was reconsidered. 25 Regular City Council Meeting January 8, 2004 Page 26 PUBLIC ZONING HEARINGS 10:30 A.M. Zonin Items 33, 34, 35, 37, 38, 40, 41 and 42 were considered following reconsideration of Item 28. (33.) Ordinance No. 2004-00003/ZONE CASE NO. 2990 (East of Upland Avenue near 39th Street): Hold a public hearing to consider request of Tim and Melissa Oliver for zoning change from T to IDP on 5 acres of unplatted land out of Section 38, Block AK. ORDINANCE NO.2004-00003 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2990; A ZONING CHANGE FROM T TO IDP ZONING ON 5 ACRES OUT OF SECTION 38, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:40 a. in. No one appeared on behalf of Tim and Melissa Oliver. No one appeared in opposition. Mayor McDougal closed the hearing at 11:42 a. in. The existing landscape business is a nonconforming use that was in place when the area was annexed in 1999. Adjacent land uses: North — railroad tracks, with recently zoned IDP to the north. South — vacant. East — vacant. West — manufacturing. The request is consistent with both zoning and Comprehensive Land Use Plan. The Comprehensive Plan indicates IDP Policy for this area because of the influence of the railroad tracks. Approval of the request will not have a negative effect on the thoroughfare system. The Planning Commission recommended the request to the City Council for approval. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Patterson, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00003 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (34.) Ordinance No. 2003-00004/ZONE CASE NO. 2991 (North of 1081h Street and East of Elgin Avenue): Hold a public hearing to consider request of Joe Stettheimer (for Joe Stettheimer Development) for a zoning change from T to R-1 Specific Use (for garden homes) with 20 foot front setbacks, 5 foot setbacks on cul-de-sac lots and 5 foot side setbacks on corner lots on 13.04 acres of unplatted land out of Sections 19 and 20, Block E-2. ORDINANCE NO. 2004-00004 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LU 3BOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2991; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR GARDEN HOMES ON 13.04 ACRES OUT OF SECTIONS 19 AND 20, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 26 Regular City Council Meeting January 8, 2004 Page 27 Mayor McDougal opened the public hearing at Development 1 No one appeared nn appeared on behalf of Joe Stetthe opposition. Mayor McDougal closed the hearing at 11:42 a. in. The project will provide for development of single-family units in the proposed subdivision with the now predominant front and side setback provisions. Adjacent land uses are residential in all directions, the new Lubbock -Cooper school is to the west. The request is consistent with the Comprehensive Land Use Plan and zoning policies. The project will not have a negative impact on the thoroughfare system. The Planning Commission recommended approval of the request subject to the following conditions: 1. A minimum 20-foot of front setback on regular lots. 2. A minimum of 5 feet of front setback on cul-de-sac lots with the exception of garages, which must have a minimum of 20 feet of setback. 3. A minimum of 5 foot of side setback from side streets on corner lots. 4. When alleys are paved and access to the garages is from that alley, the backyard fence adjacent to side streets shall meet the same 5-foot setback as the home. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Patterson, seconded by Council — Member Boren to pass on first reading Ordinance No. 2004-00004 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (35.) Ordinance No. 2004-000051ZONE CASE NO. 2573-E (North of North Loop 289 near Utica Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for FF Development, LP) for a zoning change from R-1 to A-2 for an apartment complex on 1118 square feet of unplatted land out of Section 22, Block A. ORDINANCE NO.2004-00005 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573-E; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON 1118 SQUARE FEET OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:40 a. in. No one appeared on behalf of FF Development, LP. No one appeared in opposition. Mayor McDougal closed the hearing at 11:42 a. in. The request is to bring just over 1,000 square feet into the already zoned A- 2 parcel adjacent to the new Heart Hospital on Loop 289, south of Erskine Avenue. The original zone case had a survey error that did not include this small area. Adjacent land uses: North — Heart Hospital. South — vacant. East — Loop 289. West — vacant. 27 Regular City Council Meeting January 8, 2004 Page 28 The request is a follow-up to a previous A-2 case, where a student oriented apartment complex will be located. As noted, a faulty legal description for the first case caused the leave -out. The request is consistent with zoning policy and the proposed use should have no greater than the anticipated effect on the thoroughfare system. The Planning Commission recommended approval of the request. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Patterson, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00005 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next items considered were Items 37-38. (36.) Ordinance No. 2004-0 /ZONE CASE NO. 2993 (Southeast corner of 82ndStreet and Upland Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for McQueen Company Realtors) for a zoning change from T to C-3 on 10.1 acres of unplatted land out of Section 27, Block AK. This item was considered following Item 42 and reconsidered following Item 39. This item failed. Mayor McDougal opened the public hearing at 11:45 a. in. Terry Holeman, Hugo Reed and Associates, Inc. appeared on behalf of McQueen Company Realtors. Richard Gale, Dr. Heenan Johnson III, Paula Gough and Marilyn Bell appeared in opposition. Terry Holeman spoke again. Mayor McDougal closed the hearing at 12:22 p. in. The parcel is in an area annexed in 1999, and was targeted as commercial property during development of the Westwood Subdivision in 1979. The parcel is east of Upland on the south side of 82nd Street. Adjacent land uses: North — commercial. South — residential. East — vacant and zoned for a church. West — commercial, vacant. The request is consistent with the Comprehensive Land Use Plan and zoning policy. The project should have no greater than the anticipated effect on the thoroughfare system. Several neighbors to the south of 83rd Street appeared in opposition, having been told by realtors during the purchase or construction of their homes that the area was to be residential. One resident called the Planning Department about the existing zoning, which was described at "T" or Transitional. Since single family is a permitted use in the "T" District, an assumption was made by the resident that the strip would be developed as single family. As noted above, both in design of the subdivision and the deed restrictions, the parcel has been targeted for commercial since the plat was recorded in 1979. The area was outside the City until 1999. The Planning Commission recommended approval of the request subject to the following conditions: 1. That the Planning Commission shall review and approve a traffic access plan (curb cuts to adjacent streets) for all, or portions, of the parcel prior to issuance of a construction permit. 2. 83`d Street shall be screened with an eight -foot fence and shall not have any curb cuts. W Regular City Council Meeting January 8, 2004 Page 29 FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Randy Henson, Senior Planner, gave staff comments. Item 36 died for lack of motion. The next item considered was Item 39. This item was reconsidered following Item 39. This item was continued to the January 22, 2004 Council Meeting. During reconsideration, Mr. Henson stated that with regard to Tract A, the neighbors were in favor of the Garden Office portion of the project. He stated the neighbors would like the tract to be zoned Garden Office under this proposal. Mayor McDougal asked which part of the tract. Mr. Henson replied that it was the east one-third of the tract and a more definite definition would be provided by second reading of this item. Council Member Hernandez asked if this item was time sensitive and if passed, would the details be worked out before the second reading. Motion was made by Council Member Hernandez, seconded by Council Member Boren to continue Item 36 until the January 22, 2004 City Council Meeting. Motion carried: 5 Yeas, 2 Nays. Mayor McDougal and Council Member Morrison voted Nay. After reconsideration of Item 36, the next item considered was Item 43. Items 37-38 were considered following Item 35. (37.) Ordinance No. 2004-00006/ZONE CASE NO. 2994 (7341 West 4tn Street): Hold a public hearing to consider request of Hallmark and Associates, Inc. for a zoning change from R-1 to IHC/C-4 Specific Use (for mini -warehouses) on Lot 1, Hideaway Apartments Addition. ORDINANCE NO. 2004-00006 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2994; A ZONING CHANGE FROM R-1 TO IHC/C-4 SPECIFIC USE FOR MINI -WAREHOUSES ON LOT 1, HIDEAWAY APARTMENTS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 35. Mayor McDougal opened the public hearing at 11:40 a. m. No one appeared on behalf of Hallmark and Associates, Inc. No one appeared in opposition. Mayor McDougal closed the hearing at 11:42 a. m. The property owner is in the process of demolishing an apartment complex that was built before the area was annexed (1984). The removal of the units is an asset to the community. The owner is attempting to create an alternative land use for the site. An older mobile home park exists to the east. To the west and south is a trucking firm and a large metal building that has been used for a variety of heavy commercial or industrial uses. Directly west is a former playa lake that has been filled and a small residential area. North, across 4th Street, is a mobile home park, most of which is outside the city limits. The proposal does not meet the current Comprehensive Land Use Plan. The Planning Commission recommendation includes approval of a minor change to the Plan. The Plan offers no solution to the mix of land uses that exist in the immediate area, because if this apartment tract reverts to residential the probability of redevelopment for single family is remote. 29 Regular City Council Meeting January 8, 2004 Page 30 The proposal is crafted with a mix of tenants in mind: • Retail on the portion facing 41h Street. • Commercial office/warehousing (contractors offices and shops) within the rows of buildings to the south. • If the market develops, for the south half of the parcel to be developed as a mini -storage facility. The staff recommended the Specific Use Permit to allow the mini -storage proposal, and the uses allowed in the 1HC (Interstate Commercial) will accommodate the proposal on the north half of the project. In addition, the proposed amount of landscape does not meet the normally required 5%, but the proposed location on the site plan provides the public sides of the project with a basic amount of landscape area. The project will not create an issue for the thoroughfare system greater than would be anticipated. Not quite so much from a policy standpoint, but from a practical standpoint, staff suggested the following conditions and the Planning Commission agreed and recommended the change: 1. The strip building that faces 41h Street shall be limited to C-3 permitted uses. 2. The development shall be constructed in general compliance with the approved site plan, including building location, parking, and landscaped areas. 3. The required parking shall be as illustrated on the site plan. 4. For the south half of the project, the development may be constructed with a mini -storage facility subject to the following: a. Limited to single -story structures. b. The storage of foods or products, which are explosive, highly flammable, or produce noxious odors shall be prohibited. c. A six-foot solid fence shall be erected and permanently maintained adjacent to any residential zone. The walls of storage lockers may serve as a substitute for the fence and may be set with zero setback. d. Covered RV storage may be constructed within the compound, and the wall may substitute for a fence. e. The portion of the mini -warehouse structures visible from Valencia Avenue shall be constructed of material, which is comparable in texture, color and quality to adjacent buildings in commercial zones. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Patterson, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00006 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (38.) Ordinance No. 2004-00007/ZONE CASE NO. 2294-D (Southeast corner of 98th Street and Indiana Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for Gulf Coast Commercial Management, Inc.) for a zoning change from C-2 and GO to C-3 for retail development on 19.5 acres of unplatted land out of Section 19, Block E-2. 30 Regular City Council Meeting January 8, 2004 Page 31 ORDINANCE NO. 2004-00007 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2294-D; A ZONING CHANGE FROM C-2 AND GO TO C-3 ZONING ON 19.5 ACRES OUT OF SECTION 19, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:40 a. m. No one appeared on behalf of Gulf Coast Commercial Management, Inc. No one appeared in opposition. Mayor McDougal closed the hearing at 11:42 a. in. The parcel was rezoned to C-3 and Garden Office not too long ago. This proposal would provide for C-3 on the area north of 101" Street. The portion south of 101" Street will remain zoned as Garden Office. Adjacent land uses: North — (across 981h) vacant, zoned for a church. South — zoned Garden Office. East — All Saints private school and a playa lake. West — single family and commercial. The applicant has a use that needs the additional property south of the current C-3 for development of a shopping center, the Garden Office strip north of 1015` Street. During the last case, the existing Garden Office zoning was proposed since residential development exists across the street to the west. With the original location of the playa and subsequent relocation to the east, this corner parcel has long had development related issues. A church owns the tract to the north and has yet to sell any of their corner for development. The size of the parcel on the northwest corner is reduced, allowing the approximate IS acres proposed in this case to come closer to the 40 acre per intersection target of the Comprehensive Land Use Plan. With proper buffering, the increase of C-3 on this parcel should have little negative effect on the existing residential on 101" Street. The staff proposal for buffering the adjacent residential is a requirement for a solid masonry screening wall starting at a point adjacent to the alley north of 101" Street, extending to the corner of 101s` Street and Indiana Avenue and 100 feet east along 1015` Street. The fence should have a five-foot setback from the property line and respect the vision triangle at 1015` Street and Indiana Avenue. The increased setback will allow for a better line of sight at 101s` Street and Indiana Avenue, which is a main entry street to All Saints School. The five feet of setback area should be landscaped in conjunction with the right of way land area exclusive of the sidewalk that will be installed adjacent to both streets. The proposal should have little unanticipated effect on the thoroughfare system, both 98`h Street and Indiana Avenue are designated thoroughfares. The Planning Commission recommended approval of the request subject to the following conditions. 1. A solid 8-foot masonry screening wall starting at a point adjacent to the alley north of 101 s` Street, extending to the corner of 1015` Street and Indiana Avenue and 100 feet east along 1015C Street. The fence should have a five-foot setback from the property line and respect the vision triangle at 101" Street and Indiana Avenue. 2. Review of traffic access plan (curb cut locations) by the Planning Commission is required prior to a construction permit. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. 31 Regular City Council Meeting January 8, 2004 Page 32 Motion was made by Council Member Patterson, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00007 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next items considered were Items 40-42. (39.) Ordinance No. 2004-0001 VZONE CASE NO. 2995 (Iola Avenue to Quincy Avenue between 661h Street and 82"d Street): Hold a public hearing to consider request of Burl W. Masters (for George McMahan) for a zoning change from T and R-1 to R-1 Specific Use (for reduced setbacks), R-2 Specific Use (for reduced setbacks), A-2, GO, C- 2A, C-3, and IHI on 542.02 acres of unplatted land out of Sections 29 — and 30, Block AK. ORDINANCE NO. 2004-00011 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2995; A ZONING CHANGE FROM T AND R-1 TO R-1 AND R-2 SPECIFIC USE (FOR REDUCED SETBACKS), A-2, GO, C-2A, C-2, C-3 AND IHI ON 542.02 ACRES OUT OF SECTIONS 29 AND 30, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 36. Mayor McDougal opened the public hearing at 12:24 p. in. Burl W. Masters appeared on behalf of George McMahan. No one appeared in opposition. Mayor McDougal closed the hearing at 12:27 p. m. The proposal is a comprehensive case on 540 acres centered on Milwaukee between 82°d Street and 661h Street, west of Iola. Adjacent land uses: North — commercial zoned, vacant. South — zoned commercial, apartments, church and offices, mostly _ vacant. East — church and residential, developed as Pheasant Run. West — mostly residential. The request has three parcels proposed as commercial, which are not consistent with the Comprehensive Land Use Plan. A central theme of the Comprehensive Plan is consistency of zoning districts across the adjacent streets to achieve equity between adjacent developments. One of the justifications during the Planning Commission hearing for the increased amount of commercial was based on the loss of developable property due to the playa lake in the development. Drainage and playa lake issues are inherent on any site and should not drive any significant concession on policy. If market conditions and the proposed zoning at the site and adjacent areas warrant deviation from the policies of the Plan, those conditions should drive the discussion. The three notable exceptions (reference to the proposed plat in backup with zoning designations requested may help): 1. The C-2A strip zoning on 82"d Street extends commercial zoning for a distance east/west along 82"d Street for a distance greater than the policy of 660 feet. The proposed C-3 on the east corner of 82"d Street and Milwaukee Avenue is already proposed at 720 feet. 2. The proposed C-3 on the west corner at 82"d Street and Milwaukee Avenue is extended about 1,400 feet east/west and north/south. 3. An area on 661h west of Monticello proposed initially as C-4 — the owner agreed to amend the request to C-2. The balance of the area is proposed as policy C-3, R-2 and R-1 with the now popular 20-foot front, 5-foot side and 5-foot cul-de-sac setbacks, Garden Office and A-2 on perimeter or buffer locations. 32 Regular City Council Meeting January 8, 2004 Page 33 The staff reviewed the three exceptions for the Commission and requested a discussion to determine if conditions merit approval: Items 1 and 2 combined. A majority of 82°a Street from Frankford Avenue west to the city limit is not consistent with the Comprehensive Plan proposing a concentration of commercial zoning at thoroughfare corners, strip commercial dominates. This one intersection, east and west of Milwaukee Avenue remains the only location yet to be developed that can comply. The zoning on the south side does substantially comply. From Frankford Avenue to Iola Avenue, the extended length of commercial is due to the location of a playa lake on the north side that isolated the area now zoned as commercial, and the area on the south side followed suit. From 660 feet west of Milwaukee Avenue the property was outside the city limits until 1999 and developed in a haphazard commercial manner. The Comprehensive Land Use Plan amendment that was adopted for the annexed area recognized the existing circumstances and illustrates "strip" commercial for the area between Quincy Avenue and Alcove Avenue. The plat for this proposed development also illustrates why the commercial is flattened out along 82°a Street west of Milwaukee Avenue, a small playa lake exists to the north and the land will not be developable. The proposed C2-A/Garden Office tract (1,170 feet) between the C-3 (720 feet) on the corner of Milwaukee Avenue and the Garden Office on Iola Avenue creates 1,890 feet of commercial. Without the C2-A portion, the 720 feet of C-3 is not out of step with policy. Item 3. The length of the proposed commercial on 661h Street is requested because the area to the north is all zoned as Interstate Commercial. Drainage related issues create the basic shape of the commercial parcel on the east side of Milwaukee Avenue. On the west side of Montecello Avenue, the staff is not supportive of the proposed C-4 (or commercial policy) because it is out sync with the node policy and backs up to proposed residential. Discussion by the Planning Commission was in agreement with the amount of proposed commercial on 661h Street because of the IHC to the north. The Commission and the applicant did agree to diminish the C-4 to C-2 west of Montecello Avenue and C-3 east of Montecello Avenue. The proposed IHI parcel in the northwest corner of the plat will accommodate an existing industrial type of business. The IHI will ensure any future development of structures have an architectural design element for the portion facing the street and that any future stack is screened. The existing business is nonconforming. The area of Garden office at the corner of Iola Avenue and 82°a Street is an acceptable buffer within the definitions of the Comprehensive Land Use Plan. The balance of the proposed A-2 and R-2 zones are acceptable within Plan policy. The amount of commercial proposed in this zone case is approximately 40 acres adjacent to 82°a Street (versus a policy of 20 acres), and 53 acres adjacent to 66`h Street (including the Interstate Industrial parcel of 10 acres). The total is more than 93 acres compared to the 40 that would be the normal standard under standard Comprehensive Land Use Plan policy. Staff and the Commission reviewed the Comprehensive Land Use policy for the "nodal" 660' by 660' square ten acres of commercial zoning being focused at the four corners of thoroughfare intersections. This concentration of commercial creates an efficiency for the shopper (having access to multiple shops from one parking lot), and lessens congestion on the thoroughfare between mile intersections. Beyond that policy, the Planning Commission and City Council have never addressed the issue of market demand for commercially zoned property. The 40 acres of commercial at each intersection creates equity for owners of the adjacent 33 Regular City Council Meeting January 8, 2004 Page 34 four square miles and has served Lubbock well in most instances. But, residential use is always the largest consumer of property. The fact that overall market demands in South Lubbock for commercial have not met the 40 acre per intersection is illustrated by down zoning at a number of intersections including Quaker Avenue and 98th Street, Slide Road and 981h Street, and Frankford Avenue and 82nd Street. One difficulty created by zoning an excess of commercial within any one portion of the community is that the appraised value and expectations of that commercial make reversion to residential a difficult process. The Planning staff continues to support the policies of the Comprehensive Plan and hopefully leave market decisions to operate within the private sector framework of demand and supply. The two areas staff continues to not indicate a full measure of support in this case because of Comprehensive Plan policy are: • The strip of GO and C-2A on 82°d Street. The plat can be redesigned and residential can "side" up to 82°d Street with north/south streets. • The area recommended as C-2 by the Commission on 66th Street between Montecello Avenue and the IHI on the west. The plat can also be redesigned and residential can "side" up to 82°d Street with north/south streets. These two areas include 8.2 acres of the C-2A on 82"d Street plus 10.1 acres of GO for an 18.3 acre total and 14.6 acres on 66th Street for a total of 22.8 commercial acres. If the commercial and garden office zoning is not approved for these two parcels, the amount of commercial in the overall subdivision would drop to just over seventy acres, creating a 175% increase over policy versus the 232% increase represented by the current proposal with 93 acres. The Planning Commission recommended approval of the request subject to the following conditions: 1. In the R-1 Specific Use and R-2 Specific Use portions, the following shall apply: a. A minimum 20-foot of setback on regular lots. b. A minimum of 5 feet of setback on cul-de-sac lots with the exception of garages, which must have a minimum of 20 feet of setback. c. A minimum of 5 foot of setback from side streets corner lots. d. When alleys are paved and access to the garages is from that alley, the backyard fence adjacent to side streets shall meet the same 5- foot setback as the home. 1. For each of the areas zoned commercially, a traffic access plan (curb cuts) shall be approved by the Planning Commission prior to a construction permit being issued. 2. For the Garden Office tract, the development shall be tied to the proposed site plan with regard to proposed curb cuts, recognizing that some repositioning may be required because of utility pole locations. FISCAL IMPACT: Not Applicable. With the exception of the two parcels noted above, staff supports the recommendation of the Planning Commission. If staff position is upheld by Council, the developer will be asked to indicate an alternate district (A-2, A-1, R-2, R-1) or to leave those two tracts out of this change. Motion was made by Council Member Boren, seconded by Council Member Martin to pass on first reading Ordinance No. 2004-00011 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 34 Regular City Council Meeting January 8, 2004 Page 35 At this time, Randy Henson, Senior Planner, stated that Bobby McQueen had requested that Item 36 (Tract A) be reconsidered. Motion was made by Council Member Morrison, seconded by Council Member Hernandez to reconsider Item 36. Motion carried: 6 Yeas, 0 Nay. Council Member Martin was away from the dais. At this time, Item 36 was reconsidered. Items 40-42 were considered following Item 38. (40.) Ordinance No. 2004-00008/ZONE CASE NO. 2939-A (West of FM 179 [Inler Avenue] between 41h Street and 19th Street): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for Craft Development Corporation) for a zoning change from R-1, R-2, and IHC to R-1 Specific Use (for reduced setbacks), R-2 Specific Use (for reduced setbacks), A-2, AM, C-2, and C-3 on 223 acres of unplatted land out of Section 3, Block D-6. ORDINANCE NO. 2004-00008 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2939-A; A ZONING CHANGE FROM R-1, R-2 AND IHC TO R-1 AND R-2 SPECIFIC USE (FOR REDUCED SETBACKS), A-2, AM, C-2 AND C-3 ON 223 ACRES OUT OF SECTION 3, BLOCK D-6, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:40 a. in. appeared on behalf of Craft Development Corporation. No one appeared in opposition. Mayor McDougal closed the hearing at 11:42 a. in. The request is an adjustment for zoning on a 320-acres development between 4ch and 19`h Streets west of Alcove Avenue. The commercial and AM zoning along 19`h Street is not included. Adjacent land use is substantially vacant in all directions. The project is complicated by the railroad tracks relocated from the Marsha Sharp Freeway project and a playa lake on the southwest portion. The amount of commercial at the corner of 41h Street and Inler Avenue is nearly 23 acres, but the rail line and a drainage easement reduce the usable area to approximately 15 acres. A small commercial pocket is proposed along Inler Avenue for an area made difficult to use by the curve in the railroad. The project is reasonably consistent with the Comprehensive Land Use Plan and zoning policy. The drainage pattern and rail line support the deviation of the commercial acreage and dimension on the 4`h Street and Alcove Avenue frontage. The project will not have any more than the anticipated effect on traffic. The Planning Commission recommended approval of the request with the following conditions: 1. For the proposed R-1 Specific Use and the R-2 Specific Use portions: • A minimum of 20 feet of front setback on regular lots. • A minimum of 5 feet of front setback on cul-de-sac lots with the exception of garages, which must have a minimum of 20 feet of setback. • A minimum of 5 feet of side setback from side streets corner lots. • When alleys are paved and access to the garages is from that alley, the backyard fence adjacent to side streets shall meet the same 5 feet setback as the home. 35 Regular City Council Meeting January 8, 2004 Page 36 2. On the C-3 and the A-2 areas, a traffic management plan (curb cuts) shall be reviewed by the Planning Commission prior to issuance of a construction permit. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Patterson, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00008 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. _ (41.) Ordinance No. 2004-00009/ZONE CASE NO. 1112-B (South of 50tn Street and east of Quaker Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for Wayne Holland) for a zoning change from C-2 (with conditions) to C-2 on 1.8 acres of unplatted land out of Section 8, Block E-2. ORDINANCE NO. 2004-00009 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1112-B; A ZONING CHANGE FROM C-2 WITH CONDITIONS TO C-2 ZONING ON 1.8 ACRES OUT OF SECTION 8, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:40 a. in. No one appeared on behalf of Wayne Holland. No one appeared in opposition. Mayor McDougal closed the hearing at 11:42 a. in. The request is a clean up -zone case for the current C-2 that has an outdated setback condition. The original development that pertains to the condition is gone. Adjacent land uses: North — commercial. South — residential. East — residential. West — commercial. The request is consistent with both the Comprehensive Land Use Plan and zoning policies. The screening fence that is in place at the end of 51s1 Street will remain in place. Although the street is a dead-end, the neighbors on that street have remained adamant about no access to the commercial from 51" Street. Staff has been committed to that request for a number of years. The replat of this area will clean up a number of drainage and access issues. The project should have no negative effect on the thoroughfare system. The Planning Commission recommended approval of the request. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Patterson, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00009 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (42.) Ordinance No. 2004-00010/ZONE CASE NO. 2996 (South of East Emory Street and west of Martin Luther King Jr. Boulevard): Hold a public hearing to consider request of C.S. Investments for a zoning change from R-1 to C-3 Specific Use retail development and an outdoor activity area on 6.4 acres of unplatted land out of Section 1, Block A. 36 Regular City Council Meeting January 8, 2004 Page 37 ORDINANCE NO. 2004-00010 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2996; A ZONING CHANGE FROM R-1 TO C-3 SPECIFIC USE FOR A RETAIL DEVELOPMENT AND OUTDOOR ACTIVITY AREA ON 6.4 ACRES OUT OF SECTION 1, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:40 a. m. No one appeared on behalf of C. S. Investments. No one appeared in opposition. Mayor McDougal closed the hearing at 11:42 a. in. The owner of the property bought an estate that includes all the land south of Estacado High School, north of Auburn Street, from MLK back to MacKenzie Park (excluding a church, a closed school tract and the Estacado High School tract). Adjacent land uses: North — Estacado High School. South — vacant. East — vacant. West — vacant and a closed elementary school site. The proposal is not consistent with the current Comprehensive Land Use Plan in that Erskine Street is not destined to continue west of MLK as a thoroughfare. As such, and pending any development proposals in the area, the current Plan was constructed to indicate the property as residential. This stretch of MLK needs a commercial pocket to serve the needs of future residents. Across the street on the east side of MLK, two commercial tracts already exist in front of the Windcrest housing development. This request is styled as a Specific Use Permit. Normally, the C-3 District requires that all business be conducted inside a structure. One exception in C-3 is a miniature golf course. Taking from that, staff requested that Specific Use be considered to address one of the prospective users of a part of the property. Mr. Moncibaiz has researched the need for an open area to be rented by persons interested for weddings, family reunions, graduations, birthday parties and family or business parties. Mr. Moncibaiz understands that he may not operate any business on the property that sells alcohol, since a bar or dance hall requires C-4 zoning. He also understands that any music or amplification on the property must be kept at levels that do not create a nuisance for any adjacent property owners. His intent is to start with the outside area and a small building for restrooms and a kitchen, and later add a larger structure that can be used indoors for the same activities. The project should not have a negative effect on the thoroughfare system. Staff is hoping that the C-3 for the property owner and the accommodation of the outside use for Mr. Moncibaiz will become an asset to the area and fit into the upcoming North and East Development Plan that is in the process of being contracted. The Planning Commission recommended approval of the request subject to the following conditions: 1. The portion of the property used for the outdoor activities shall be limited to weddings, family reunions, graduations, birthday parties and family or business parties. 2. The property owner will not be eligible for a liquor permit in conjunction with the weddings, family reunions, graduations, birthday parties and family or business parties. 37 Regular City Council Meeting January 8, 2004 Page 38 3. Any music or amplification at a function must be kept at a level that is contained on the property. Any violation of this condition will be treated as a nuisance by the Police Department and a zoning violation by the Business and Neighborhood Development Department. 4. Should the business providing for outdoor activities be discontinued, the Specific Use Permit shall expire and the zoning will be C-3. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. At the request of Mayor Pro Tern Patterson, Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00010 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 36. ADMINISTRATIVE SERVICES (43.) Resolution No. 2004-R0018 authorizing the Mayor to execute a contract with the Texas Department of Health (TDH Document No. 7560005906 2005) for Immunization Services, and any associated documents. RESOLUTION NO. 2004-R0018 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 Contract with the Texas Department of Health (TDH Document No. 7560005906 2005) for Immunization Services and any associated documents by and between the City of Lubbock and the Texas Department of Health, a copy of which Contract and associated documents are attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 8th day of January, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Rebecca Brawley for Tommy Camden Tommy Camden, Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Contract is filed with Resolution No. 2004-R0018. This item was considered following reconsideration of Item 36. TDH Document No. 7560005906 2005 begins a new contract year for immunization services with a term from January 1, 2004 and ending December 31, 2004. The Lubbock Health Department will provide essential public health services as specified in our approved 2004 Interlocal W-1 Regular City Council Meeting January 8, 2004 Page 39 Application for Immunization Services, dated June 16, 2003. At the time of this new contract, the Texas Department of Health is still awaiting additional funding from the federal government. The current contract is for $53,577, which represents a decrease from $187,449 in total requested funding for a full year. However, staff anticipates an amendment to this contract with additional money once the federal funds are released. This contract provides salaries and fringe benefits for a Registered Nurse, a Licensed Vocational Nurse and a Secretary to run the program. The City of Lubbock provides an immunization clinic with the fewest barriers to service. Activities include providing immunizations at the Health Department clinic; outreach activities for infants, children and high risk adults in their homes, correctional facilities, at day care centers, the South Plains Mall, health fairs and senior citizen centers; and investigation and initiation of control measures for vaccine -preventable diseases. FISCAL IMPACT: It is uncertain at this point what the complete impact will be until the State receives all their federal funding and amends this current contract. Staff anticipates g no increase in requests for general funds and still anticipate full funding as originally requested to the State. This program fulfills the Core Missions of Public Health —those of Surveillance and Disease Prevention. Without the funding from the Texas Department of Health contract, our local public health efforts would be greatly impaired and the risk of illness in Lubbock citizens would increase. Staff recommended approval of the resolution. Tommy Camden, Health Director, gave staff comments. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass Resolution No. 2004-R0018 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Martin was away from the dais. The next items considered were Items 46-47A. MISCELLANEOUS (44.) Resolution No. 2004-R0001 accepting the resignation of Victor Hernandez as Mayor Pro Tem and electing a Mayor Pro Tem to the Council. RESOLUTION NO.2004=R0001 WHEREAS, the City Council of the City of Lubbock is required to elect a mayor pro tern from among its membership pursuant to Chapter 1, Article IX, Section 12, of the City Charter; and WHEREAS, the resignation of Councilman Victor Hernandez as mayor pro tern has created a necessity to elect a new mayor pro tem; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT T. J. Patterson is elected mayor pro tern of the Lubbock City Council until such time as a successor may be elected and qualified. Passed by the City Council on this 8th day of January, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 39 Regular City Council Meeting January 8, 2004 Page 40 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel This item was considered following Item 48. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2004-R0001 accepting the resignation of Victor Hernandez as Mayor Pro Tern and electing Council Member T. J. Patterson as Mayor Pro Tem to the Council. Motion carried: 7 Yeas, 0 Nays. The next items considered were Items 12-14, 16-27 and 29-31. (45.) Resolution No. 2004-R0022 and severance agreement with Tommy Gonzalez effective January 1, 2004. RESOLUTION NO. 2004-R0022 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Severance Agreement and Release by and between Tommy Gonzalez and the City of Lubbock, 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 8th day of January, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT AND FORM: /s/ Anita Burgess Anita Burgess, City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0022. At 9:30 P. M., this item was considered following Item 3, which was the last item in Regular Session, and after Executive Session. Tommy Gonzalez has resigned from employment with the City of Lubbock and the City Council and Mr. Gonzalez have negotiated a severance agreement. Motion was made by Council Member Hernandez, seconded by Council Member Martin to accept the resignation of Interim City Manager Tommy Gonzalez and to approve the Severance Agreement and Release by and between Tommy Gonzalez and the City of Lubbock and all related documents and pass Resolution No. 2003-R0022. Motion carried: 7 Yeas, 0 Nays. 9:32 P. M. COUNCIL ADJOURNED Items 46-47A were considered following Item 43. (46.) Resolution No. 2004-R0019 authorizing the Right -of -Way Department to make an offer to David L. Wood and Lesa G. Wood for a 10 foot wide water line easement located in Section A-K, Block 31, Lubbock County, Texas (7702 82"d Street, north side of 82"d Street east of Alcove Avenue). 40 Regular City Council Meeting January 8, 2004 Page 41 RESOLUTION NO. 2004-R0019 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 easements for municipal public use and purposes, to -wit: for the underground water line easements in the southwest Lubbock annexation area and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of easements 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 permanent water line easement to the tract of land further described as the North ten (10) feet of Tract A, Ampride Addition to the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owners of said tract, being David L. Wood and Lesa G. Wood, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,526.98 which is the amount appraised as the value and total damages for the permanent water line easement and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the permanent water line easement. Passed by the City Council this 8th day of January, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney The City of Lubbock is in the process of extending a water line westward down 82nd Street to serve the City of Wolfforth. At the October 23, 2003 City Council meeting, a resolution was approved to make an offer to George McMahan for a 10 foot underground water line easement along the north side of 82nd Street between Alcove Avenue and Wausau Avenue. Shortly after the City Council meeting, Mr. McMahan sold off the west 232 (approximate) feet of this property to David and Lesa Wood. In order to complete this easement acquisition from Wausau Avenue to Alcove Avenue, this resolution authorizes the Right -of -Way Department to make an offer to the Woods for a 10-foot by 232-foot underground water line easement that contains 2,181.4 square feet. Tommy Cantrell, M.A.I., appraised Mr. McMahan's easement at $00.70 per square foot and using this square foot price for the Woods easement (verified with Mr. Cantrell), an offer of $1,526.98 is determined. Our original offer to Mr. McMahan of $17,900 has been reduced to $16,373.02, which was accepted and will be applied toward future pro-rata costs when he develops additional property. 41 Regular City Council Meeting January 8, 2004 Page 42 This resolution also authorizes the City to institute condemnation proceedings to acquire this property if our offer is refused. FISCAL IMPACT: The acquisition of this easement will be at a cost of $1,526.98. Funding will come from the water utilities pro-rata fund. The Right -of -Way Department recommended approval of this resolution. Motion was made by Council Member Boren, seconded by Council Member Patterson to pass Resolution No. 2003-R019 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Martin was away from the dais. (47.) Resolution No. 2004-R0020 authorizing the Mayor to execute an agricultural lease with Kelly Thomas-TKT Farms (Northeast corner, FM 1585 and Milwaukee Avenue). RESOLUTION NO. 2004-R0020 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 Agricultural Lease Agreement, by and between the City of Lubbock and Kelly Thomas — TKT Farms, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of January, 2004. /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/ John M. Knight for Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice A copy of the Agreement is filed with Resolution No. 2004-R0020. This agricultural lease allows Kelly Thomas of TKT Farms to farm the 160- acre City tract of land owned by the Water Utilities Department at the northeast corner of FM 1585 and Milwaukee Avenue. This lease is for one year. FISCAL IMPACT: Income to the City from sale of agricultural products. The Right -of -Way Department recommended approval of this resolution. Ed Bucy, Right -of -Way Agent, gave staff comments. Council Member Martin returned to the dais. 42 Regular City Council Meeting January 8, 2004 Page 43 son, seconded by Council Motion was made by Council Member on No. OOmR0020 as recommended by Member Gilbreath to pass Res staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. evel pment (47A.) Resolution No. 2004-R0021adopting 373mofu the Tnityexaco Local al Program in accordance with Chapter Government Code. RESOLUTION NO.2004-R0021 ADOPTING A COMMUNITY DEVELOPMENT PROGRAMPURS ANT TO CHAPTER 373 OF THE TEXAS LOCAL GOVERNMENT WHEREAS, the City of Lubbock ("the City") receives and utilizes federal funds to conduct community development activities pursuant to federal laws and regulations; and WHEREAS, the City in expending federal funds has identified areas of the City in which predominately low and moderate income persons reside, that are blighted or slum areas, or that are federally assisted new communities (together as "the Community Development Block Program Areas") through a Resolution approved on December 18, 2003; and WHEREAS, pursuant to federal regulations, the City adopted a Citizen Participation Plan for the citizens to publicly comment on a proposed community development program and any subsequent changes to the program and has included the plan in the City's master Consolidated Plan —a federal grant submission detailing proposed community development activities, as approved by the City Council on December 18, 2003; and WHEREAS, the City conducted public hearings on its Citizen Participation Plan and the subsequent one year Consolidated Action Plans and invited public comments for a period of 30 days; and WHEREAS, the City has in the past established community development program areas in the form of Model Block areas, Target Area Planning Areas, and generally any area where census block tracts are considered CDBG eligible according to 24 CFR 570.208, Criteria for Meeting a National Objective; and WHEREAS, the City, through its council actions, included in its community development program areas, housing programs to assist low to moderate income families; and WHEREAS, it is the desire of the City to include in its community development program to be adopted pursuant to Chapter 373 of the Texas Local Government Code ("the Act"), the use of 108 funds and Economic Development Initiative funds from the U.S. Department of Housing and Urban Development ("HUD") for the purpose of providing low -interest loans to low to moderate income families to assist in purchasing affordable housing; and WHEREAS, in accordance with Section 373.005 of the Act, the City desires to adopt as its community development program those activities outlined in the City's Consolidated Plan as adopted on February 14, 2002 as well as the activities outlined in the subsequent One - Year Consolidated Action Plans adopted on June 27, 2002 and June 19, 2003 respectively, and any amendments thereto for allocations and use of Community Development Block Grant funds and Section 108 funds in the community development program areas; and WHEREAS, by resolution passed and approved on December 8, 2003 pursuant to the provisions of Section 373.006 of the Act, the City Council adopted a plan under which citizens could publicly comment the proposed community development program; WHEREAS, the City Council conducted a public hearing on December 8, 2003 to solicit Public comments on the proposed community development program pursuant to Section 373.006(4) of the Act; WHEREAS, at least fifteen days have passed since the public hearing and the City Council desires to adopt the final form of the City's Community Development Program pursuant to Section 373.006 of the Act. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS: 43 Regular City Council Meeting January 8, 2004 Page 44 1. That the City Council through the adoption of this resolution and pursuant to Section 373.006 of the Act hereby identifies the areas of the Lubbock Community Development Program as the following areas previously identified and approved through council actions: (1) the Community Development Block Program Areas, (2) all current Model Block areas and (3) all Target Area Planning. 2. That the City Council by adopting this resolution and pursuant to Section 373.006 of the Act has conducted the necessary public hearings and re -adopts the Consolidated Plan as approved on February 14, 2002, the subsequent one-year Consolidated Action Plans adopted on June 27, 2002 and June 19, 2003 respectively, any amendments thereto for allocations and use of Community Development Block Grant funds and Section 108 funds as the Lubbock Community Development Program, which program shall consist of all elements authorized by Section 373.005 of the Act. 3. That the City Council may expand the Community Development Program to include other areas and elements as deemed necessary from time to time in accordance with the procedures set forth in Section 373.006 of the Act. Passed by the City Council on second reading this 8th day of January, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Todd Steelman Todd Steelman, Assistant Director of Community Development APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney Upon the advice of Bond Counsel, establishing a community development program 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: None. Community Development recommended approval of this resolution. Motion was made by Council MemberNo.. 2003-R0021 as recommended by Member Patterson to pass Resolution staff. Motion carried: 5 Yeas, 1 Nay. Council Member Martin voted Nay. Council Member Boren was away from the dais. The next items considered were Items 49-52. EM Regular City Council Meeting January 8, 2004 Page 45 PUBLIC WORKS (48.) Ordinance No. 2004-00001 amendment of Chapters 6, 12 and 28 of the City of Lubbock's Code of Ordinances with regard to landscaping irrigation systems and operation of irrigation systems, providing penalties, and providing savings clause first reading). This was the first item considered. ORDINANCE NO. 2004-00001 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES WITH REGARD TO NUISANCES AND WATER RUNOFF; AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO LANDSCAPING IRRIGATION SYSTEMS AND OPERATION OF IRRIGATION SYSTEMS OR DEVICES; AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE BUILDING BOARD OF APPEALS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Conservation Subcommittee of the Lubbock Water Advisory Commission (LWAC) reviewed and approved these amendments. They were also reviewed and approved by the LWAC. These amendments establish the following: • Runoff water as a nuisance • Requirements on the design and operation of landscape irrigation systems that prevent over spray onto impervious areas, excessive watering for extending periods, and operation of systems during rainfall and freezing weather. • The installation of a separate irrigation water meter (residential installations are excluded from this requirement). • Restriction of landscape irrigation to set times of the day. FISCAL IMPACT: Reduced water consumption through water conservation efforts could have a negative impact on water revenues. This reduction in revenue will be offset to a minimal degree with a reduction in treatment and electric costs. The Lubbock Water Advisory Commission recommended the first reading of this ordinance. Chester Carthel, Chief Engineer, Water Utilities, gave staff comments. Council discussed whether or not citizen violations would be issued citations or would the citizens be notified first. Mr. Carthel stated they would inform them they had violated the ordinance before issuing citations. Richard Casner, First Assistant City Attorney, gave staff comments concerning the fines. Tracy Wallace, who represented the South Plains Irrigation Association, appeared with concerns about Sec. 28-44 (0 (2) of the proposed ordinance. Mikel Ward, Chairman of the Ordinance Review Committee, gave comments. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2004-0001 with the second reading to be on February 26, 2004. Motion carried: 6 Yeas, 1 Nay. Council Member Hernandez voted Nay. The next item considered was Item 44. M, Regular City Council Meeting January 8, 2004 Page 46 BOARD APPOINTMENTS Items 49-52 were considered following Item 47A. (49.) Consider two appointments to the Community Development and Services Board. Motion was made by Council Member Morrison, seconded by Council Member Hernandez to appoint Don Bridgers and reappoint Sherry Hurst to the Community Development and Services Board. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. (50.) Consider one appointment to the Neighborhood Redevelopment Commission. Motion was made by Council Member Morrison, seconded by Council Member Hernandez to appoint Scott Scarborough to the Neighborhood Redevelopment Commission. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. (51.) Consider two appointments to the Structural Standards Commission. Motion was made by Council Member Morrison, seconded by Council Member Hernandez to reappoint Doris Fletcher and Joseph Rapier to the Structural Standards Commission. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. (52.) Consider two appointments to the Youth Commission. Only one appointment was considered. Motion was made by Council Member Morrison, seconded by Council Member Hernandez to appoint John Ysasaga to the Youth Commission. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. The next item considered was Item 3. 9:30 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas All council members were present. The next item considered was Item 45. 9:32 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pro Tern Patterson moved to adjourn. Mayor McDougal adjourned the meeting. .e Regular City Council Meeting January 8, 2004 Page 47 ATTEST: � � J Rebec a Garza, City Secretary Read and approved this day of 44 ATTEST: Rebebca Garza, City Secretary 47