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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/29/2004CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JUNE 29, 2004 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 29th day of June, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem T. J. Patterson, Council Member Gary O. Boren, Council Member Linda DeLeon, Council Member Jim Gilbreath, Council Member Tom Martin Absent: Council Member Phyllis Jones CITI:7EN COMMENTS No one was present for citizen comments. EXECUTIVE SESSION Mayor McDougal stated: "City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to pending or contemplated litigation; the purchase, exchange, lease, or value of real property; personnel; and competitive matters of the public power utility" as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law". 7:32 A. M. CITE" COUNCIL RECESSED TO EXECUTIVE SESSION City CounciUCity Manager's Conference Room All council members were present except Council Member Jones 0.) Hold an executive session in accordance with V.T.C.A. Government Code., Section 551.071(1)(A), to discuss pending or contemplated litigation (Cemetery; Electric Utilities; Facilities Management; Health Department; Parks and Recreation; Right -of -Way; Water Utilities). (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 (Parks and Recreation; 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 (Chief Financial Officer/ACM; City Attorney; City Manager; City Secretary; Director of Internal Audit; Municipal Court Judge) and take appropriate action. (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; 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. 8:52 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All council members were present except Council Members Boren and Jones. Council Member Boren arrived at 9:01 A. M. ( 5.) Presentation regarding the findings of the South Plains Transportation Alliance survey. Regular City Council Meeting June 29, 2004 Page 546 The South Plains Transportation Alliance (SPTA), an organization that was formed during proposed service cuts in the summer of 2003, conducted a survey to find out the transportation needs of the citizens of the City of Lubbock. The SPTA is made up of professionals, who work for agencies representing clients who depend on public transportation. The SPTA was awarded a grant from the Texas Citizen Fund to conduct a needs assessment. The Public Transportation Strategic Planning Task Force heard this presentation at their May 13, 2004 meeting. The presentation was given to the Lubbock Public Transit Advisory Board on June 1, 2004. Cindy Finley, Chairperson of the South Plains Transportation Alliance and member of the Public Transportation Strategic Planning Task Force and Sheila Holbrook -White, Texas Citizen Fund, gave a presentation regarding the findings of the survey. John Wilson, General Manager, Citibus, also gave comments. Items discussed were targeted recommendations, which included: increased planning, operations, and capital funding. Council Member Gilbreath asked that Larry Meyers, the City's Lobbyist in Washington, D. C., is made aware of the productive support of SB 2506. Council Member Gilbreath stated that he trusted that all of the findings and recommendations are all being stirred into the Strategic Planning Task Force and then it would go back to Public Transit Advisory Board for recommendations to Council when appropriate. Mr. Wilson assured him that was correct. Council Member DeLeon asked if they had considered a bus route for children to go to movies and the pool. Mr. Wilson stated they would look into this. (6.) Consider a request from the City of New Deal for release of a portion of the overlapping extraterritorial jurisdiction (adjacent to the southwest corner of New Deal) of Lubbock and New Deal. This item was deleted. (7.) Update of the Milwaukee Paving project from 341h Street to 981h Street. Edwin (Butch) Davis, P.E. of Parkhill, Smith & Cooper, Inc. gave an update of the Milwaukee Paving project from 341h Street to 981h Street. They presented the results of the preliminary engineering report on the paving of Milwaukee Avenue from 34`h Street to 98`h Street. The discussion will include the following issues: • Purpose and need of paving project • Specific project issues • Project staging • Project schedule • Funding scenarios • Project costs Council Member Martin stated that in the design process, a schedule is needed for a "drop dead" date, which should be 60 days before anticipated construction. Mayor McDougal asked City Manager Fox to meet with developers about the possibility of using concrete for streets. Council gave consensus to move forward with this project. ( 8.) Presentation by the Lubbock Central Appraisal District (LCAD) discussing this year's appraisal process. 546 Regular City Council Meeting June 29, 2004 Page 547 Dave Kimbrough, Appraiser/Administrator of the Lubbock Central Appraisal District (LCAD) gave a presentation on this year's appraisal process by the Lubbock Central Appraisal District. Attending with Mr. Kimbrough were Leroy Montoya, Pat Brown, Greg Jones and James Collins. He stated there are 13 classifications for single-family residences. Class 4-13 encompasses the bulk of the homes in the City of Lubbock. Council Member Boren requested this item. He asked about the error rate and requested a list of protests this year. He also asked about the margin of error for mass appraisal. Mr. Kimbrough stated he had heard the margin of error was +5 or —5 percent. Council Member DeLeon asked if the rising appraisals were market driver. Mr. Kimbrough stated that LCAD is required to appraise property at market value and they are audited by the State. Council Member DeLeon asked if someone remodels a home three or four streets down would that increase her evaluation. Mayor McDougal stated that rehabbing a home should not raise the value. Mr. Kimbrough stated that to some extent, the condition would be affected and the value would go up. Council Member Martin stated that Mr. Kimbrough kept saying the State audits them. He asked if he meant the State Comptroller. Mr. Kimbrough stated it was the property tax division of the State Comptroller. Council Member Martin then asked if the State had ever come down to audit them and state that the appraisals were too high, and that they would need to roll them back. Mr. Kimbrough stated the results have indicated above market value in some. Council Member Gilbreath stated that LCAD had a problem with public relations and should send out more information with the letters. He suggested that LCAD should create "computer flags" to look at the appraisals. Council Member Martin stated that before he could vote to approve the LCAD budget, he wants to see the following: 1) with the amount that you have requested for the increase, I want you to tell me in writing what you are going to do to improve customer service and 2) in writing, what you are going to do to make the appraisal process fairer. Council Member Boren also requested a list of the protests and the percentage of error. 11:15 A. M. WOIRX SESSION RECESSED 11:22 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal; Mayor Pro Tern T. J. Patterson; Council Member Gary O. Boren; Council Member Linda DeLeon; Council Member Jim Gilbreath; Council Member Tom Martin; Lou Fox, City Manager; Anita Burgess, City Attorney; Rebecca Garza, City Secretary; and Richard Casner, First Assistant City Attorney Absent: Council Member Phyllis Jones Mayor McDougal called the meeting to order at 11:22 A. M. (9.) Invocation by Mayor Pro Tem T. J. Patterson. (10.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. CITIZEN APPEARANCES (11.) Appearance by the 4ch on Broadway Committee, inviting all Council Members to attend the 4ch on Broadway Festival. This :item was deleted. 547 Regular City Council Meeting June 29, 2004 Page 548 (12.) Presentation of a proclamation, proclaiming June as Homeownership Month. Ronnie Browning with the HUD Field Office was present to accept the proclamation. (13.) Presentation of a special recognition to the Delta Sigma Theta Sorority for their contributions to the Lubbock community. Cheryl Borchard Thomas, President of the Delta Sigma Theta Sorority and other members of the sorority were present for the recognition. Mayor McDougal requested that Mayor Pro Tern assist with the presentation. CON SENT _AGENDA (Items 15-16, 18-25. 28-29. and 31-33) Motion was made by Council Member Martin, seconded by Council Member Gilbreath to approve Items 15-16, 18-25, 28-29, and 31-33 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (14.) Approval of Minutes: June 9, 2004, Regular City Council Meeting This item was moved from consent agenda to regular agenda and was considered following Item 33. Council Member Martin stated that on page 33 (Item 61), a listing of the bond programs approving $1,325,000 for Fire Station 12 Rehab/Fire Station 8 Replacement should be corrected to read $80,000. Motion was made by Council Member Martin, seconded by Council Member Boren to approve the minutes of the June 9, 2004 Regular City Council Meeting with the correction from $1,325,000 to $80,000 for the Fire Station 12 Rehab/Fire Station 8 Replacement. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 17. (15.) Ordinance No. 2004-00070 abandoning and closing a drainage easement located in Lot 1 and Lot 6A, an LP&L transformer pad easement located in Lot 11) a blanket garbage collection easement located in Lots 1-7, and the common area, access and underground utility transformer pad easements granted on Lot 6A and Lot 6B for Lots 1 through 5; all lots located in the Whisperwood Office Park Addition to the City of Lubbock (301 Utica Avenue) (first reading). ORDINANCE NO. 2004-00070 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT LOCATED IN LOT 1 AND LOT 6A, AN L.P.& L. TRANSOFRMER PAD EASEMENT LOCATED IN LOT 1, A BLANKET GARBAGE COLLECTION EASEMENT LOCATED IN LOTS 1-7, AND THE COMMON AREA, ACCESS AND UNDERGROUND UTILITY TRANSFORMER PAD EASEMENTS GRANTED ON LOT 6-A AND LOT 6-13 FOR LOTS 1 THROUGH 5, ALL LOTS LOCATED IN THE WHISPERWOOD OFFICE PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes several easements in the Whisperwood Office Park Addition located at the northeast corner of 4th Street and Utica Avenue. These easements to be closed are a drainage easement located in Lot 1 and Lot 6A, an LP&L transformer pad easement located in Lot 1, a blanket garbage collection easement located in Lots 1-7, and the common area, access and underground utility transformer pad easements granted on Lot 6A and Lot 6B for lots 1 through 5. These easements are being closed for replat purposes and new ones will be dedicated in the new plat. 548 Regular City Council Meeting June 29, 2004 Page 549 FISCAL IMPACT: None. The Right -of -Way Department recommended approval of first reading of this ordinance. (16.) Ordinance No. 2004-00071 abandoning and closing a portion of an alley and an LP&L transformer pad easement in the Buster Long Addition to the City of Lubbock (5101 Albany Avenue) (first reading). ORDINANCE NO.2004-00071 AN ORDINANCE ABANDONING AND CLOSING AN ALLEY IN THE BUSTER LONG ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND A TRANSFORMER PAD EASEMENT IN LOT 23, BUSTER LONG ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 403.28-foot long portion of a 20-foot alley just north of 51" Street between Aberdeen Avenue and Albany Avenue and an LP&L transformer pad easement in the northeast corner of Lot 23, Buster Long Addition. This alley portion and easement are being closed for replat and building purposes. A new east -west alley will be dedicated to provide for utilities and solid waste collection. There will be no charge for this alley and easement closure since the proponent of the closures was the original dedicator. All utilities and City departments are in agreement with these closures. FISCAL IMPACT: None, The Right -of -Way Department recommended approval of first reading of this ordinance. The next items considered were Items 18-25. (17.) Ordinance No. 2004-00072 Amending the FY 03-04 Budget to add $1,090,000 to the Milwaukee Avenue from 34th Street to 98th Street Strip Paving Capital Project and to establish a $250,000 capital project for the property acquisition at 661h Street and Elgin Avenue (Burgess Rushing Tennis Center) (first reading). ORDINANCE NO. 2004-00072 AN ORDINANCE MAKING CHANGES IN THE FY2003-2004 BUDGET OF THE CITY OF LUBBOCK TO TRANSFER FUNDS FOR MUNICIPAL PURPOSES. This item was moved from consent agenda to regular agenda and was considered following Item 14. Milwaukee Avenue from 34`h Street to 98`h Street Strip Paving Capital Proiect: A separate resolution was on the agenda requesting that the City Council approve the contract to begin the work on this project. This request is approving the use of the funds and adding funds to the established project budget. The initial budget of $125,000 was approved Revised FY 2003-04 (May 2004). The City Council approved the allocation of the 2004 General Obligation Bonds at the last City Council Meeting (June 29th). At this meeting, the City Council approved $1,090,000 in 2004 General Obligation Bonds to be allocated to Milwaukee from 451h Street to 98th Street Strip Paving. 549 Regular City Council Meeting June 29, 2004 Page 550 The budget for this project will now be as follows: Certificate of Obligation Bonds* $125 000 2004 General Obligation Bonds $1 A9p0 000 TOTAL PROJECT BUDGET $1,215,000 *To be repaid by Gateway Fund. A reimbursement resolution will be submitted to Council within 90 days of the use of the funds. Property Acquisition at 66" Street and Elgin Avenue Burgess Rushing Tennis Center A separate resolution was on the agenda requesting the acquisition of property at 66th Street and Elgin Avenue for the expansion of the Burgess Rushing Tennis Center. This request is approving the use of the funds and establishing the budget for this project. The $250,000 budget for the property acquisition at 66`h Street and Elgin Avenue would break out as follows: Donation — Rushing $25,000 Donation — Burgess $25,000 2004 G. O. Bond Funds (distribution approved by City Council on June 29th) $65,000 Parks Capital Projects Fund Balance $83,000 General Capital Projects Fund Balance $52,000 TOTAL $250,000 FISCAL IMPACT: No property tax increase is necessary with the issuance of the 2004 General Obligation Bonds. Both the Parks Capital Projects Fund and the General Capital Projects Fund have fund balance remaining, due to various projects over the years closing under budget — budget funds exceeding expenditures. The withdrawal of the funds noted above would leave virtually no funding to designate in the Parks Capital Projects Fund and only $7,000 to designate in the General Capital Projects Fund. General Obligation Funds are approved by the voters and approved at the discretion of the City Council. Use of Parks and General Capital Funds are used at the discretion of the City Council. Council Member Gilbreath stated that changes had been made in the sources of the funds for this project. Randy Truesdell, Parks and Recreation Director, stated that originally the request was for $52,000 to be transferred from General Capital Funds to finish the funds to purchase the 66th Street and Elgin Avenue property. However, the preference is that the funds be removed from the Parks and Recreation Budget. Motion was made by Council Member Gilbreath, seconded by Mayor Pro Tern Patterson to pass on first reading Ordinance No. 2004-00072 providing that funds in the amount of $52,000 be removed from the Parks and Recreation Budget in lieu of the General Capital Funds. Motion carried: 6 Yeas, 0 Nays. At this time, Council Member Boren publicly commended Mr. Truesdell on the outstanding job he does. Council agreed. The next items considered were Item 26-27. Items 18-25 were considered following Item 16. 550 Regular City Council Meeting June 29, 2004 Page 551 Resolution No. 2004-RO282 providing for a partial paving release to portions of streets and alleys in the City of Lubbock, that were included in the 2001 Assessment Paving Program. RESOLUTION NO. 2002-RO282 PARTIAL PAVING RELEASE THE STATE OF TE:?�AS § COUNTY OF LUBBOCK § WHEREAS, Resolution No. 2001-RO280 passed by the City Council on July 12, 2001, determined the necessity for making certain alley improvements as therein designated and Resolution No. R0319 passed by the City Council on August 30, 2001, determined the necessity for making certain street improvements as therein designated, which respective Resolution was filed as a matter of record in Volume 7601, Page 7 of the Official Real Property Records of Lubbock County, Texas, reference to which record is hereby made for all pertinent purposes; and WHEREAS, the City Council of the City of Lubbock finds and determines that the liens and/or clouds against certain abutting properties created by the filing of such Resolution should be released against such properties as are hereinafter described for the reasons hereinafter stated; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT the following described properties in unit number and description varies for No. 1 to No. 5 are hereby released and quitclaimed because no assessments were made against such properties after a public hearing thereon as a result of the properties being above the high-water of a lake, to wit: Rushland Park, Lot 3, Block 20; West Gate Drive, Block 17, West 110' of Lot 12; West Gate Drive, Block 17, East 10' of Lot 12 and Lot 13; West Gate Drive, Block 17, West 110' of Lot 14; West Gate Drive, Block 17, East 10' of Lot 14 and Lot 15 less the East 12'; West Gate Drive, Block 17, Lot 17; West Gate Drive, Block 17, Lot 19; West Gate Drive, Block 17, Lot 21; West Gate Drive, Block 17, Lot 22; Rushland Park, Lot 1, Block 20; Rushland Park, Lot 2, Block 20 and West part of West Gate Drive, Lot 11, Block 17; West Gate Drive, Block 17, East 115.69' of Lot 11; West Gate Drive, Block 17, Lot 9; West Gate Drive, Block 17, Lot 8; West Gate Drive, Block 17, Lot 7; West Gate Drive, Block 17, Lot 6; West Gate Drive, Block 17, Lot 5; West Gate Drive, Block 17, Lot 4; West Gate Drive, Block 17, Lot 3; West Gate Drive, Block 17, Lot 1; II. Southgate Addition, Lot 232; Southgate Addition, Lot 233; Southgate Addition, Lot 234; Southgate Addition, Lot 236; 551 Regular City Council Meeting June 29, 2004 Page 552 Southgate Addition, Lot 237; Southgate Addition, Lot 247; Southgate Addition, Lot 246; Southgate Addition, Lot 244; Southgate Addition, Lot 243; Southgate Addition, Lot 242; Southgate Addition, Lot 241; Southgate Addition, Lot 240; III. Crown Pointe Addition, Lot 19; Crown Pointe Addition, Lot 17; Crown Pointe Addition, Lot 14; Crown Pointe Addition, Lot 12; Crown Pointe Addition, Lot 11; Crown Pointe Addition, Lot 10; Kings Gate Addition, Tract J; Kings Row Addition, Lot 46; Kings Row Addition, Lot 45; Kings Row Addition, Lot 44; Kings Row Addition, Lot 41; Kings Row Addition, Lot 40; Kings Row Addition, Lot 39; Kings Row Addition, Lot 38; Kings Row Addition, Lot 36; Kings Row Addition, Lot 35; Kings Row Addition, Lot 34; Woodland Park, Lot 151; Woodland Park, Lot 152; Woodland Park, Lot 153; Woodland Park, Lot 154; Woodland Park, Lot 155; Woodland Park, Lot 156; Woodland Park, Lot 165; Woodland Park, Lot 164; Woodland Park, Lot 163; Woodland Park, Lot 162; Woodland Park, Lot 161; IV. V. Rushland Park, Block 24, Lot 7; Rushland Park, Block 24, West 108' of Lot 9; Rushland Park, Block 24, Lot 10 and East 2' of Lot 9 and West 4' of Lot 11; Rushland Park, Block 24, West 102' of the East 104' of Lot 11; Rushland Park, Block 24, Lot7; Rushland Park, Block 24, West 108' of Lot 9; Rushland Park, Block 24, Lot 10 and East 2' of Lot 9 and West 4' of Lot 11; Rushland Park, Block 24, West 102' of the East 104' of Lot 11; Rushland Park, Block 24, East 2' of Lot 11 and Lot 12; Rushland Park, Block 24, Lot 6; Rushland Park, Block 24, Lot 5; Rushland Park, Block 24, Lot 4 and West 15' of Lot 3; Rushland Park, Block 24, East 111.61' of Lot 3 and West 32.24' of Lot 2; Rushland Park, Block 24, East 97' of Lot 2 and West 18' of Lot 1; VI. 552 Regular City Council Meeting June 29, 2004 Page 553 THAT all of the properties to which this partial release is applicable as hereinabove described are located within the corporate limits of the City of Lubbock, Lubbock County, Texas, and this Release is only applicable to the properties hereinabove specifically described and released. All interests and/or liens not specifically herein released are hereby retained by the City of Lubbock. EXECUTED this 291h day of June, 2004. CITY OF LUBBOCK BY: /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ R. Keith Smith (f)r) Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ John Knight Linda Chamales, Supervising Attorney/Office Practice This resolution serves to release properties abutting a paving improvement from an assessment or cloud on a property in an assessment -paving program. The paving improvements are as follow: East-West alley between 10`h Street and 11 `h Street from Salem Avenue east to Quaker Avenue, Unit Number A-462-42. East-West alley between 561h Street and 57`h Street from Memphis Avenue west to Nashville Avenue, Unit Number A-462-43. U-shaped alley between 851h Street and 861h Street/Oxford Avenue from 851h Street to Oxford Avenue, Unit Number A-462-44. U-shaped alley between 77`h Street/York Avenue and 78`h Street/Zoar Avenue from Slide Road to 729th Street, Unit Number A-462-45. East-West alley between 81h Street and 29th Street from Salisbury Avenue east to Salem Avenue, Unit Number A-462-46. 25`h Street from Milwaukee Avenue east to LaSalle Avenue, Unit Number 2336-001. 26`h Street from Milwaukee Avenue east to Kewanee Avenue, Unit Number 2336-002. These properties are being released from assessments on this project because the owners executed voluntary paving agreements with the City of Lubbock. This resolution will be filed in the Real Property Records of Lubbock County. FISCAL IMPACT: The total contract cost for the paving improvements is $300,408.22. The property owner's portion is $157,985.87. The City's portion is $142,422.35. Maintenance by the Street Department will be reduced significantly. Staff recommended approval of this resolution. 553 Regular City Council Meeting June 29, 2004 Page 554 (19.) Resolution No. 2004-RO283 authorizing the transfer of previously allocated Community Development Block Grant funds from the Micro -Enterprise Loan Program to the Economic Development Loan Program. RESOLUTION NO.2004-RO283 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council does hereby authorize the transfer of previously allocated Community Development Block Grant Funds from the Micro -Enterprise Loan Program to the Economic Development Loan Program. Said recommendations as set forth in Exhibit "A". Said Recommendations are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2004-R0283. On Tuesday, May 25, 2004, the Economic Development Sub -Committee of the Community Development Services Board met for its monthly review meeting. The Sub -committee discussed and approved the transfer of funds from the Micro -Enterprise Loan Program to the Economic Development Loan Program. The total amount to be transferred is $93,144.99. This will leave a balance of $4,500 in the Micro -Enterprise Program that was previously committed to an existing Micro -Enterprise business. After the transfer, there will be $126,354.99 available for lending under the Economic Development Loan Program. The Subcommittee believes that transferring these funds will better serve the applicants that are currently seeking assistance through our economic development programs. Over the last two fiscal years, the Sub -committee has observed that there has been a reduction in the number and quality of application packets received under the Micro -Enterprise Program. The opposite has been observed under the Economic Development Loan Program. The Sub -committee believes that transferring the funds to the Economic Development Loan Program will enable the funds to be spent in a more timely fashion. Micro -Enterprise businesses will still be able to apply for funds under the Economic Development Loan Program. FISCAL IMPACT: There is no fiscal impact on the General Fund involved with the transfer of these funds. The funds used are Federal funds from the Community Development Block Grant. The funds in question are from the FY 02-03 554 Regular City Council Meeting June 29, 2004 Page 555 and FY 03-04 allocations that have already been approved by City Council. The required payback will be identical under either program. Community Development recommended approval of this resolution. (20.) Resolution No. 2004-RO284 authorizing acceptance of water and sanitary sewer improvements for Tract A, Greenleaf Properties Addition to the City of Lubbock, Lubbock County, Texas, between 101st and 102°d Streets, and between Orlando and Quaker Avenues. RESOLUTION NO.2004-RO284 A RESOLUTION ACCEPTING TRACT A, GREENLEAF PROPERTIES ADDITION TO THE: CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract A, Greenleaf Properties 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 $35,000.00 with the improvements constructed by Utility Contractors of America, having a value of $27,500.00 as determined by the unit prices established by said Chapter 28, and $7,500.00 cash paid to the City, which amount includes $6,000.00 cash for adjacent lines, with Greenleaf Properties, Ltd., the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and 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 $0.00 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 29th day of June, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Patrick Marbas for Wood Franklin, Interim Chief Engineer, Public Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney 555 Regular City Council Meeting June 29, 2004 Page 556 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 $35,000 and has a value of $27,500 as determined by the unit prices established by said Chapter 28. Cash paid to the City of Lubbock is $7,500 that includes $6,000 as adjacent mains. The developer, Charles Perry of Greenleaf Properties Ltd., will receive a refund of $0.00 in accordance with Chapter 28, of the Code of Ordinances of the City of Lubbock. There is no refund deposit. The subdivision is located between 101" and 102" d Streets, and between Orlando and Quaker Avenues. FISCAL IMPACT: This a routine transfer of ownership of water and sewer lines installed in new subdivisions, from the Developer to the City of Lubbock. The value of the system is added to the City of Lubbock, and there are no expenditures involved in accepting the ownership. The system, when accepted, will produce revenue for the City of Lubbock by sale of water and sewer services to the public. Staff recommended approval of this resolution. (21.) Resolution No. 2004-RO285 authorizing acceptance of water and sanitary sewer improvements for Lots 1-38 and Tract A, Suncrest Villas Addition to the City of Lubbock, Lubbock County, Texas, on 106th Street, and between Vicksburg and York Avenues. RESOLII T iON NO. 2004-RO285 A RESOLUTION ACCEPTING LOTS 1 - 38 & TRACT A, SUNCREST VILLAS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 - 38 & Tract A, Suncrest Villas 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 $94,532.00 with the improvements constructed by Rinks Lease Service, having a value of $83,827.25 as determined by the unit prices established by said Chapter 28, and $10,704.75 cash paid to the City, which amount includes $7,081.88 cash for adjacent lines, with Richard Webb, the developer, to receive a refund of $41,413.01 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and 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 $41,413.01 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. 556 Regular City Council Meeting June 29, 2004 Page 557 Passed by the City Council this 29th day of June, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Patrick Marbas for Wood Franklin, Interim Chief Engineer, Public Works APPROVED AS TO FORM: /s/ Linda L. 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 $94,532 and has a value of $83,827.25 as determined by the unit prices established by said Chapter 28. Cash paid to the City of Lubbock is $10,704.75 that includes $7,081.88 as adjacent mains. The developer, Richard Webb, will receive a refund of $41,413.01 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 106th Street, and between Vicksburg and York Avenues. FISCAL IMPACT: This a routine transfer of ownership of water and sewer lines installed in new subdivisions, from the Developer to the City of Lubbock. The value of the system is added to the City of Lubbock, and there are no expenditures involved in accepting the ownership. The system, when accepted, will produce revenue for the City of Lubbock by sale of water and sewer services to the public. Staff recommended approval of this resolution. (22.) Resolution No. 2004-RO286 authorizing acceptance of water and sanitary sewer improvements for Tract A, Springfield Apartments Addition to the City of Lubbock, Lubbock County, Texas, between 29th and 12'h Streets, and between Milwaukee and Monticello Avenues. RESOLUTION NO.2004-RO286 A RESOLUTION ACCEPTING TRACT A, SPRINGFIELD APARTMENTS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract A, Springfield Apartments 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 $46,775.22 with the improvements constructed by Northwest Construction Co., Inc., having a value of $24,224.45 as determined by the unit prices established by said Chapter 28, and $22,550.77 cash paid to the City, which amount includes $22,065.38 cash for adjacent lines, with Springfield Apartments Development Co., Inc., LLC, the developer, to 557 Regular City Council Meeting June 29, 2004 Page 558 receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and 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 $0.00 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 29th day of June, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Wood Franklin _ Wood Franklin, Interim Chief Engineer, Public Works APPROVED AS TO FORM: /s/ Linda L. 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 $46,775.22 and has a value of $24,224.45 as determined by the unit prices established by said Chapter 28. Cash paid to the City of Lubbock is $22,550.77 that includes $22,065.38 as adjacent mains. The developer, Springfield Apartments Development Co., LLC, will receive a refund of $0.00 in accordance with Chapter 28, of the Code of Ordinances of the City of Lubbock. There is no refund deposit. The subdivision is located between 29th and 12th Streets, and between Milwaukee and Monticello Avenues. FISCAL IMPACT: This a routine transfer of ownership of water and sewer lines installed in new subdivisions, from the Developer to the City of Lubbock. The value of the system is added to the City of Lubbock, and there are no expenditures involved in accepting the ownership. The system, when accepted, will produce revenue for the City of Lubbock by sale of water and sewer services to the public. Staff recommended approval of this resolution. (23.) Resolution No. 2004-R0287 Authorizing acceptance of water and sanitary sewer improvements for Lots 1-40, Crown Ridge Addition to the City of Lubbock, Lubbock County, Texas, between 105`h and 106" Streets, and on the west of Quaker Avenue. 558 Regular City Council Meeting June 29, 2004 Page 559 RESOLUTION NO.2004-RO287 A RESOLUTION ACCEPTING LOTS 1 — 40, CROWN RIDGE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 — 40, Crown Ridge 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 $112,976.65 with the improvements constructed by Weaver Ditching Services, Inc., having a value of $102,243.35 as determined by the unit prices established by said Chapter 28, and $10,733.30 cash paid to the City, which amount includes $6,659.72 cash for adjacent lines, with Lubbock Legacy Homes, Inc., the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and 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 $0.00 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 29th day of June, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Wood Franklin Wood Franklin, Interim Chief Engineer, Public Works APPROVED AS TO FORM: /s/ Linda L. 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 $112,976.65 and has a value of $102,243.35 as detennined by the unit prices established by said Chapter 28. Cash paid to the City of Lubbock is $10,733.30 that includes $6,659.72 as adjacent mains. The developer, Lubbock Legacy Homes, Inc., will receive a refund of $49,199.38 in accordance with Chapter 28, of the Code of Ordinances of the City of Lubbock. There is no refund deposit. The subdivision is located between 105`h and 1061h Streets, and on the west of Quaker Avenue. 559 Regular City Council Meeting June 29, 2004 Page 560 FISCAL IMPACT: This a routine transfer of ownership of water and sewer lines installed in new subdivisions, from the Developer to the City of Lubbock. The value of the system is added to the City of Lubbock, and there are no expenditures involved in accepting the ownership. The system, when accepted, will produce revenue for the City of Lubbock by sale of water and sewer services to the public. Staff recommended approval of this resolution. (24.) Resolution No. 2004-RO288 authorizing the Mayor to terminate Citibus' contract with Caviness Advertising/Creative Juice! for marketing services. RESOLUTION NO.2004-RO288 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 terminate for and on behalf of the City of Lubbock, a Contract between the City of Lubbock and Caviness Advertising/Creative Juice! For marketing services for Citibus, 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 29th day of June, 2004. /S/ MARC MCDOUGAL _ MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer Managing Director of Planning & Transportation APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0288. Due to recent events, Citibus has concerns regarding Caviness Advertising's financial stability and their ability to continue to provide quality service to Citibus. For example, recently Citibus has received a bill from a local broadcasting network requesting payment for a radio promotion that ran in March 2004. Citibus paid Caviness Advertising for the radio spots with the April 2004 invoice. Unsuccessful attempts have been made to contact Caviness regarding this unpaid invoice. In addition, Caviness is consistently late in paying advertising fees for a vinyl wrapped bus placed for one of their clients; the client in question has recently retained the services of another advertising agency. The termination of the contract was taken before the Lubbock Public Transit Advisory Committee at their June 1, 2004 meeting. The Board respectfully requests that the City Council and the Mayor ratify their recommendation of terminating the contract with Caviness Advertising. According to the Contract for Marketing Services, "The Contract may be terminated by City, with or without cause, by giving the contractor thirty days notice". 560 Regular City Council Meeting June 29, 2004 Page 561 Citibus does not anticipate needing the services of an advertising agency for the remainder of the current fiscal year. The contract for marketing services was approved by the City Council on September 27, 2001. The original contract was with Creative Juice!. However, Creative Juice! and Caviness Advertising merged during the contract period. Procurement for a new contract for marketing services is currently in progress. Citibus anticipates having a new marketing contract in place by October 2004, the beginning of a new fiscal year. FISCAL IMPACT: By terminating the contract with Caviness, Citibus will save the Agency Service Fee of $662.50 per month for the remainder of the FY 2004 budget. The Lubbock Public Transit Advisory Board recommended approval of this resolution. (25.) Resolution No. 2004-RO289 authorizing the Mayor to execute a commercial tax abatement agreement with Chisum Travel Center Ltd. RESOLUTION NO. 2004-RO289 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 Tax Abatement Agreement with Chisum Travel Center, LTD. and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council . Passed by the City Council this 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Rob Allison Rob Allison, Business and Neighborhood Development Director APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney A copy of the Agreement is filed with Resolution No. 2004-R0289. The City of Lubbock has received an application for commercial tax abatement from Chisum Travel Center, Ltd. to build a travel center/truck stop at 2611 East Slaton Highway, in the Lubbock 2000 South Enterprise Zone. 561 Regular City Council Meeting June 29, 2004 Page 562 The project meets the Commercial Tax Abatement Policy and Guidelines minimum investment of $250,000. Total investment in the project will be approximately $2,500,000. This facility will create approximately 10 new jobs over the next seven to nine months. Market Lubbock, Inc. considered Chisum's application at its February 26, 2004 Board meeting and recommended a five year, declining scale tax abatement for the project. The abatement amount for the City of Lubbock is estimated at: Year 1 100% $13,643 Year 2 80% $10,914 Year 3 60% $ 8,186 Year 4 40% $ 5,457 Year 5 20% $ 2,729 The estimated total City abatement over the life of the contract is $40,929. The estimated total County abatement over the life of the contract would be $28,260. FISCAL IMPACT: If a five-year declining abatement is approved, the fiscal impact to the City of Lubbock, in the form of reduced property tax revenue would be: Year 1: $13,643 Year 2: $10,914 Year 3:$ 8,186 Year 4:$ 5,457 Year 5: $ 2,729 Total: $40,929 The project will add $2.5 million in new value to the tax base in the Lubbock 2000 South Enterprise Zone and 10 new jobs. Under the current guidelines, Chisum Travel Center is eligible and meets all the criteria for tax abatement. Staff concurred with Market Lubbock Inc.'s recommendation of approval of the tax abatement for a term of five years with a declining schedule beginning with 100% and declining by 20% each year. The City Council approved the Notice of Intent at the June 9, 2004 City Council meeting. The next items considered were Items 28-29. Items 26-27 were moved from consent agenda to regular agenda and were considered following Item 17. (26.) Resolution No. 2004-RO295 authorizing the Right -of -Way Agent to make an offer on 5.27 acres of vacant property located east of the Burgess Rushing Tennis Center. RESOLUTION NO.2004-RO295 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for Burgess Rushing Tennis Center Expansion Project and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: _ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to 5.27 acres of the tract of land located at 661h & Elgin and further described in Exhibit "A" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. 562 Regular City Council Meeting June 29, 2004 Page 563 SECTION 2. THAT the owner of said tracts, being Elgin Avenue Baptist Church BE offered through the Right -of -Way Department of the City of Lubbock the amount of two hundred fifty thousand dollars ($250,000.00), which is the amount appraised as the value for the fee simple title and acquisition of said real estate purposes herein stated. Passed by the City Council this 29th day of June, 2004. ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell Community Service Director /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR APPROVED AS TO FORM: /s/ Don Vandiver for Linda Chamales, Senior Attorney/ Office Practice Section A copy of Exhibit "A" is filed with Resolution No. 2005-R0295. This property acquisition includes approximately 5.27 acres of vacant property located at the northwest corner at the intersection of Elgin Avenue and 66th Street. The property is immediately east of the Burgess Rushing Tennis Center and is currently owned by the Elgin Avenue Baptist Church. The 2004 General Obligation Bond Projects included $1,085,000 for improvements to the Burgess Rushing Tennis Center. The funding is for the first phase of planned improvements to the Tennis Center. Improvements in the first phase include the addition of six new tennis courts, lighting and fencing improvements and additional parking. The planned improvements were to be placed on the existing Tennis Center site. In order to place the improvements on the existing site, a portion of the site would have to be reclaimed from the adjacent flood plain. The estimated cost to reclaim the flood plain is $65,000. If the vacant land (5.27 acres) east of the Tennis Center is acquired, some of the tennis center improvements can be placed on that property. This acquisition provides several advantages, including a cost savings from reclaiming the flood plain, spreading out the improvements over a larger area, and the opportunity to share parking with the church located at 661h Street and Elgin Avenue. The acquisition also provides land space for additional future Tennis Center expansion. FISCAL IMPACT: The current owners of the property are asking $250,000 for the property. Proposed funding consists of the following: $ 50,000 Donated Funds $ 65,000 2004 G.O. Bonds (Tennis Center Improvements) $ 83,000 Parks Capital Funds $ 52,000 General Capital Funds* Staff recommended approval of this resolution. Motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass Resolution No. 2004-R0295, subject to funds in the amount of $52,000 being removed from the Parks and Recreation Budget in lieu of the General Capital Funds, with the backup reflecting this change. (See Item 17) Motion carried: 6 Yeas, 0 Nays. *$52,000 changed to Parks and Recreation Budget. 563 Regular City Council Meeting June 29, 2004 Page 564 (27•) Resolution No. 2004-R0296 authorizing the Mayor to execute, for and on behalf of the City of Lubbock, a grant management agreement and all related documents, by and between the City of Lubbock and the North and East Lubbock Community Development Corporation, for economic development services. RESOLUTION NO. 2004-R0296 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute on behalf of the City of Lubbock a Grant Management Agreement by and between the City of Lubbock and Market Lubbock Economic Development Corporation for a economic development services, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully copied herein and shall be included in the minutes of the Council. Passed by the City Council this 29th day of June, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director of Planning & Transportation APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims Assistant City Attorney A copy of the agreement is filed with Resolution No. 2005-R0296. The North and East Lubbock Community Development Corporation (CDC) desires to contract with the City for grants of municipal funds for the purpose of promoting, assisting and enhancing economic development. This agreement allows the City to delegate to the Corporation, and the Corporation accepts, responsibility for creating, managing, operating and supervising programs and activities for assisting and enhancing economic development activities in the North and East areas of the City. In addition, this agreement will transfer financial responsibility of the North and East Lubbock Master Plan contract. The agreement is for a term to expire September 30, 2004. The North and East Lubbock CDC is submitting a funding request through the budgeting process. At this time, they will be submitting a long-term agreement for Council consideration. FISCAL IMPACT: As of June 15, 2004, capital project 9405 has a balance of $ 142,170. There will be additional anticipated expenses incurred before the end of the month of about $20,000 ($18,000 to consultants, plus meeting expenses). The transfer of the remaining funding to the North and East Lubbock CDC will effectively close this Capital Project. Funding of $25,000 from Lubbock Independent School District and $12,500 from 564 Regular City Council Meeting June 29, 2004 Page 565 Market Lubbock Inc., which currently is in the General Capital Projects Fund, will also be transferred to the CDC. Staff recommended approval of this resolution. Council Member DeLeon stated she wanted to make note in the records that LISD invested $25,000 for this project. Motion was made by Council Member DeLeon, seconded by Mayor Pro Tem Patterson to pass Resolution No. 2004-RO296 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 30. Items 28-29 were considered following Item 25. (28.) Resolution No. 2004-RO290 Authorizing the Mayor to execute an Interl.ocal Agreement for Underground Utility Right of Access with Texas Tech (the "University") for a waterline over and across lands owned by the University regarding the location of utilities necessary for the construction of the Marsha Sharp Freeway. RESOLUTION NO.2004-RO290 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 Agreement between the City of Lubbock and Texas Tech University regarding the installation, use, maintenance and relocation of underground water line utilities for the transportation of water in a utility corridor under and through the lands located on the campus of the University. 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza _ Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Anita Burgess Anita Burgess Acting Assistant City Manager APPROVED AS TO FORM: /s/ Linda L. Chamales for John M. Knight Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0290. An existing 30-inch potable water supply line and a 16-inch potable water distribution line is being relocated to clear the right-of-way for the Marsha Sharp Freeway. The route selected requires the placement of the water lines on Texas Tech property. The area required is a rectangular shaped corridor approximately 30-feet wide and 131-feet long. The corridor is located east of the Tech Police Department and starts at 4th Street and ends at U.S. Highway 82 (Tech Freeway). 565 Regular City Council Meeting June 29, 2004 Page 566 An Underground Utility Right of Access Agreement is required between the City of Lubbock and Texas Tech to place the water lines on the University's property. The agreement will also allow the City to maintain the water lines within the corridor after the water lines are installed. FISCAL IMPACT: The Underground Utility Right of Access Agreement between the City of Lubbock and Texas Tech University would have no cost for the use of the property. The Agreement between the City of Lubbock and Texas Tech University regards the installation, use, maintenance and relocation of underground water line utilities for the transportation of water in a utility corridor under and through the lands located on the campus of the University. Staff recommended approval of this resolution. (29.) Resolution No. 2004-RO291 - BID 075-04/RS—for Fire Training Academy Fire Test Pit (Facilities Management). RESOLUTION NO.2004-RO291 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 Bid ITB #075-04/RS for fire training academy fire test pit, by and between the City of Lubbock and Utility Precast, Inc. of Mansfield, 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 29th day of June, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s / John Knight John Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2005-R0291. This bid is for the purchase of a new fire pump test pit for the Fire Department. The pit will be used to certify fire pumps on an annual basis. The test pit will be a pre-engineered structure, delivered and stored on site, until installation at a later date, under a separate contract. Nine local suppliers were notified of this Invitation to Bid. FISCAL IMPACT: A total of $65,000 was appropriated with $37,000 available in project number 9330 (Fire Admin Complex) for this purpose. Staff recommended bid award to Utility Pre -Cast, Inc., of Mansfield, Texas, for $36,282. 566 Regular City Council Meeting June 29, 2004 Page 567 The next items considered were Items 31-33. (30.) Resolution No. 2004-RO297 - BID 083-04/BM—for Sodium Bisulfite — Annual Pricing (Water Reclamation). RESOLUTION NO. 2004-RO297 BE IT RESOLVED 13Y THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for sodium bisulfate -annual pricing, by and between the City of Lubbock and Southwest Chemical Services, Inc. of McAlester, Oklahoma, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be includedin the minutes of the City Council. Passed by the City Council this 29th day of June, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2005-R0297. This item was moved from consent agenda to regular agenda and was considered following Item 27. This bid establishes firm pricing for sodium bisulfite used to remove chlorine from the effluent -to -stream discharge. This chemical is required daily as long as the City discharges effluent to the stream. Chlorine is toxic to aquatic life. The State of Texas requires the use of this chemical in our TPDES Permit 10535-002. Harcros Chemicals, Inc. of Dallas, Texas was the lowest bid, however, they do not have the ability to pick up empty drums specified in the bid documents. Firm pricing is good for one-year with t:he option to renew annually for up to two additional one-year terms. Seven local suppliers were notified of this Invitation to Bid. FISCAL IMPACT: A total of $150,956 was appropriated with $140,402.60 available in project number 6411.8111 (Wastewater Treatment Chemical) for this purpose. Staff recommended bid award to Southwest Chemical Services, Inc. of McAlester, Oklahoma for $14,413.14. Council Member Boren asked Victor Kilman, Purchasing Agent, why staff recommended the bid award to Southwest Chemical Services, Inc. of McAlester, Oklahoma when they don't have the ability to pick up the empty drums at the time of delivery. Mr. Kilman stated this was not the company that is unable to pick up the drums. 567 Regular City Council Meeting June 29, 2004 Page 568 Motion was made by Council Member Boren, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO297 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 40. Items 31-33 were considered following Item 29. (31.) Resolution No. 2004-RO292 - BID 092-04BM—for the purchase of Police Patrol Tasers (Police Patrol). RESOLUTION NO.2004-RO292 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for police tasers by and between the City of Lubbock and GT Distributors of Austin, 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 29th day of June, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0292. This sole source purchase is for 221 Model X-26 Tasers to be issued to all Patrol Officers, Corporals and Sergeants on duty. This less lethal device will be used to subdue suspects resistant to apprehension, or who are threatening the lives of citizens or officers. The Patrol Division currently utilizes M-26 Tasers manufactured by Taser International. The X-26 Taser was chosen for the division's taser expansion because its function is identical to the current model, providing for a faster training cycle and adoption. The X-26 uses the same projectile cartridges as the M-26, which allows for use of existing inventories of cartridges. The X-26 Taser, by Taser International, is the only available product with shaped -pulse technology. This technology allows for a lighter weight unit with longer battery life and improved effectiveness. The sole authorized police distributor for Texas (except El Paso) is GT Distributors of Austin, Texas. FISCAL IMPACT: A total of $250,000 is available in account number 100.3073 (AP -City Abandoned Vehicle) for this purpose. Staff recommended contract award to GT Distributors, of Austin, Texas for $176,689.50. (32.) Resolution No. 2004-RO293 - BID 112-04BM—for the purchase of HAZMAT Truck (Fire). 568 Regular City Council Meeting June 29, 2004 Page 569 RESOLUTION NO.2004-RO293 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 �f the Lubbock, and Daco SafetyPurchase Equipmentfor of hazmat truck, by and between t y of Lubbock 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 29th day of June, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney This bid is for the purchase of one new HAZMAT vehicle for the Fire Department, through the Houston -Galveston Area Council (H-GAC) Purchasing Cooperative. This vehicle will be assigned to Fire Station 4 and will stock critical HAZMAT supplies and equipment awarded to the City of Lubbock through Federal Grants, as a means to combat chemical and terrorist threats. The vehicle is designed to serve as a research and command area unit capable of safely transporting six personnel to and from an incident. The H-GAC authorized vendor for this vehicle is Daco Fire Safety Equipment of Lubbock, Texas. FISCAL IMPACT: A total of $328,635 was appropriated and is available in project number 90296 (HAZMAT Truck) for this purpose. Staff recommended contract award to Daco Fire Safety Equipment of Lubbock, Texas for $325,935. (33.) Resolution No. 2004-RO294 - BID 113-04/BM—for the purchase of Brush Chipper (Solid Waste). RESOLUTION NO. 2004-RO294 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for a brush chipper, by and between the City of Lubbock and Vermeer Equipment 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. 569 Regular City Council Meeting June 29, 2004 Page 570 Passed by the City Council this 29th day of June, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-110294. This bid is for the purchase of one brush chipper for the Solid Waste Department for use at Recycling Centers. This purchase is grant funded through the Texas Commission on Environmental Quality and the South Plains Association of Governments. The purchase is being made from Vermeer Equipment of Lubbock, Texas through the Texas Local Government Purchasing Cooperative. Residents of Lubbock deliver their tree trimmings and brush to the recycling centers. The Solid Waste Department also collects tree trimmings and brush that are illegally dumped in alleys. The trimmings and brush are chipped at the Recycling Centers and provided to the citizens of Lubbock at no cost. FISCAL IMPACT: A total of $43,322.22 was grant funded and is available in project number 5511.9226 (Grant Chipper) for this purpose. Staff recommended contract award to Vermeer Equipment, of Lubbock, Texas for $43,322.22. The next item considered was Item 14. PUBLIC HEARINGS 11:44 A. M. Council Chambers Zoning (34.) Ordinance No. 2004-00073 - ZONE CASE NO. 3014 (2215 581h Street): Hold a public hearing to consider the request of JDMA, Inc. Architects (for Oakwood Methodist Church) for a zoning change from R-1 to A-2 limited to a church and church -related uses on Lot 1, Epworth Addition, (first reading). ORDINANCE NO. 2004-R0073 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3014; A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO A CHURCH AND CHURCH -RELATED USES, ON LOT 1, EPWORTH ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 42. 570 Regular City Council Meeting June 29, 2004 Page 571 Mayor McDougal opened the public hearing at 11:44 a. in. No one appeared on behalf of Oakwood Methodist Church. No one appeared in opposition. Mayor McDougal closed the hearing at 11:45 a. in. The request would rezone a church that has been a part of the adjacent neighborhood for many years. The current facility is legal nonconforming. Adjacent land uses: North - residential South - residential East - residential West -- public school The request is submitted as A-2 limited to church and church -related uses. The classification will allow expansion of the facility consistent with the development standards of the A-2 district, and limit the use of the buildings or property to church and church -related uses. The request is consistent with the Comprehensive Land Use Plan and zoning policy. The Planning Commission recommended the request with the following condition: 1. Limited to church and church -related uses. FISCAL IMPACT: Not applicable. Staff supports the recommendation of the Planning Commission. Motion was made by Council Member Martin, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00073 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next items considered were Items 36-39. (35.) Ordinance No. 2004-00077 - ZONE CASE NO. 3015 (south of 981h Street and west of Slide Road): Hold a public hearing to consider the request of Graco Real Estate Development, Inc. (for Jo Alford Gamble) for a zoning change from T to C-3 on 14.25 acres of unplatted land out of Section 25, Block E-2, (first reading). ORDINANCE NO.2004-ROO77 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3015; A ZONING CHANGE FROM T TO C-3 ZONING ON 14.25 ACRES OF UNPLATTED LAND OUT OF SECTION 25, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This :item was considered following Item 39. Mayor McDougal opened the public hearing at 12:22 p. in. No one appeared on behalf of Jo Alford Gamble. No one appeared in opposition. Mayor McDougal closed the hearing at 12:23 p. in. The request would accommodate C-3 on this corner at 98`h Street and Slide Road. C-3 is the district used most commonly with shopping centers. Adjacent land use: North. - commercial and residential South. - commercial and playa lake East - commercial zoning West - T or R-1 571 Regular City Council Meeting June 29, 2004 Page 572 The request is consistent with the Comprehensive Land Use Plan regarding location of commercial facilities. The proposed zone case contains 14.2 acres and an 1.85 acres parcel is already zoned commercial on the corner. This total of 16 acres is somewhat larger than the ten -acre policy established by the Comprehensive Land Use Plan. But, the total policy allotment of forty acres at this corner is reduced by the fact that the Lakeridge corner has only one acre of commercial. Additionally, a playa lake to the southwest will prevent any residential from being located immediately adjacent to the commercial, except the small garden home cluster north of 98th Street on Abbeville. The Meadows South Addition is to the west of the lake. The project should not have an impact any greater than anticipated on the thoroughfare system. Staff proposed a condition related to the overall number of curb cuts. The objective for a review of a master curb cut plan will allow the commercial maximum access while protecting the adjacent thoroughfares from too many curb cuts. The Planning Commission recommended approval of the request with the following condition: 1. That the Planning Commission review and approve a traffic access plan (curb cuts to adjacent streets) for the entire parcel, 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 Boren, seconded by Council Member DeLeon to pass on first reading Ordinance No. 2004-00077 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Gilbreath recused himself The next item considered was Item 41. Items 36-39 were considered following Item 34. (36.) Ordinance No. 2004-00074 - ZONE CASE NO. 2158-B (1101 Slide Road): Hold a public hearing to consider the request of Joe D. McKay (for St. Stephens Episcopal Church) for a zoning change from R-1 to A-2 limited to a church and church -related uses on Lot 1, Saint Stephens Addition, (first reading). ORDINANCE NO. 2004-00074 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2158-13; A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO A CHURCH AND CHURCH -RELATED USES, ON LOT 1, SAINT STEPHENS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:44 a. m. No one appeared on behalf of St. Stephens Episcopal Church. No one appeared in opposition. Mayor McDougal closed the hearing at 11:45 a. m. The request would rezone a church that has been a part of the adjacent neighborhood for many years. The current facility is legal nonconforming. Adjacent land uses: North — residential South — church East — residential West — commercial across Slide Road 572 Regular City Council. Meeting June 29, 2004 Page 573 The request is submitted as A-2 limited to church and church -related uses. The classification will allow expansion of the facility consistent with the development standards of the A-2 district, and limit the use of the buildings or property to church and church -related uses. The request is consistent with the Comprehensive Land Use Plan and zoning policy. The Planning Commission recommended the request with the following condition: 1. Limited to church and church -related uses. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Martin, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00074 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (37.) Ordinance No. 2004-R0075 - ZONE CASE NO. 2720-B (south of 8th Street and west of Frankford Avenue): Hold a public bearing to consider the request of Bobby McQueen and Glen Robertson for a zoning change from A-2 with conditions to A-2 and C-2 on an unplatted 4.98 acre tract of land out of Section 9, Block JS and on Lot A, Travis Tubbs Addition (first reading). ORDINANCE NO.2004-00075 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2720-B; A ZONING CHANGE FROM A-2 TO A-2 WITH CHANGED CONDITIONS AND TO C-2 ZONING ON A 4.98 TRACT OF LAND OUT OF SECTION 9, BLOCK JS AND ON LOT A, TRAVIS TUBBS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:44 a. m. No one appeared on behalf of Bobby McQueen and Glen Robertson. No one appeared in opposition. Mayor McDougal closed the hearing at 11:45 a. m. The proposal will provide for a commercial parcel south of 8th Street along the Frankford Avenue frontage. The second part of the request is to amend a condition on the west portion of the lot that is zoned A-2 by a previous case. Adjacent land uses: North - duplex construction, A-1 zoning South - apartments East - zoned commercial, undeveloped West -- single family The request is a minor amendment to the Comprehensive Land Use Plan with regard to the commercial portion. The apartment portion is in compliance with the Comprehensive Land Use Plan and is currently zoned A-2. RETAIL: While the current Comprehensive Land Use Plan does not illustrate commercial for this parcel, the adjacent zoning on all three sides is multifamily. The commercial proposal should not create an issue. It will be buffered from the west and south by apartments, and the applicant is proposing a masonry screening fence on the north line of the commercial with a twenty-five foot step-down at Frankford Avenue and a curb return on the west end. Although the construction north of Bch Street is duplex, the zoning is A-1. 573 Regular City Council Meeting June 29, 2004 Page 574 MULTIFAMILY: As noted, the parcel on the west end of the tract is currently zoned A-2 with conditions. The applicant requests a change for the conditions. Because the current zoning was associated with a proposal to expand the Jefferson Commons complex, two conditions were attached in Zone Case 2720A to alleviate any potential impact on the single family west of the alley south of 81h Street: 1. Limit structures to single story within the first one hundred feet from the west property line. 2. Lighting on the project shall not be directed toward adjacent housing causing undue glare or levels of light. The applicant is requesting an amendment to allow the following conditions: 1. 100-foot setbacks if three-story units are constructed. 2. 50-foot setbacks if two-story units are constructed (this is the Code standard in the A-2 District). 3. A five-foot minimum setback, if one-story units are constructed (in the A-2 District. Five feet is the required setback for single story construction). The proposed conditions are what would be required by the current Code, except for 1; a three-story structure could exist with a fifty -foot setback. The proposal increases the standards for three-story construction and meets the Code for single and two-story structures. The Planning Commission recommended the request with three conditions related to the A-2 portion and one (screening) to the C-2 portion: 1. 100-foot setbacks if three-story units are constructed. 2. 50-foot setbacks if two-story units are constructed (this is the Code standard in the A-2 District). 3. A five-foot minimum setback if one-story units are constructed in the A-2 District; five feet is the required setback for single story construction). Subject to the following condition on the C-2 portion: 1. A masonry screening fence shall be required on the north line of the C-2 District. The fence may have an opening for a curb return and shall be stepped down to thirty inches for a distance twenty-five feet from the property line on Frankford. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Martin, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00075 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (38.) Ordinance No. 2004-00076 - ZONE CASE NO.2458-F (west of North Knoxville Avenue and north of Harvard Street): Hold a public hearing to consider the request of Ambling Development Company for a zoning change from R-1 to A-2 on 6.97 acres of unplatted land out of Section 18, Block A, (first reading). ORDINANCE NO. 2004-00076 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2458-F; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON 6.97 ACRES OF UNPLATTED LAND OUT OF SECTION 18, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 574 Regular City Council Meeting June 29, 2004 Page 575 Mayor McDougal opened the public hearing at 11:44 a. m. No one appeared on behalf of Bobby McQueen and Glen Robertson. No one appeared in opposition. Mayor McDougal closed the hearing at 11:45 a. in. The request is a continuation of a case approved last month. The applicant purchased an additional strip of land on the north boundary of the first parcel. Adjacent land use: North — vacant South — vacant, zoned A-2 East — vacant West — vacant The proposal is routine and consistent with the Comprehensive Land Use Plan and zoning policy. The project will not have a greater than anticipated impact on the thoroughfare system. The Planning Commission recommended the request for approval. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Martin, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00076 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (39.) Ordinance No. 2004-0 - ZONE CASE NO. 2255-N (north of 64th Street and west of Frankford Avenue): Hold a public hearing to consider the request of Rodney Warren for a zoning change from GO and GO Specific Use to C-4 Specific Use for a drive-thru restaurant on Lot 4, Spur 327 Business Park Addition, (first reading). This :item was sent back to Planning to restart the zoning case. Mayor McDougal opened the public hearing at 11:46 a. in. Chris Wilson with Sonic Drive In appeared on behalf of Rodney Warren. J. B. Hance, Denis Anderson and Cheryl Anderson appeared in opposition. Mayor McDougal closed the hearing at 12:14 p. in. The request would accommodate a drive-thru restaurant (Sonic). The applicant has requested a number of locations in various parts of Lubbock over the past few years and continues to indicate a concern that his style of service for fast food is required to be in a C-4 District, while most of his competitors can locate in a C-2A District. But, until or unless the Code is changed, drive-in restaurants will require C-4 zoning. Mr. Warren has not allowed many of the issues formerly associated with drive-in facilities to occur at Sonic. Adjacent land use: North — commercial South — commercial East -- residential West —commercial As background information, when the area to the west was zoned C-4 to help create a heavy commercial area in southwest Lubbock, a strip along Frank:ford Avenue was zoned Garden Office between the south edge of the Dodge dealership and 641h Street. The Garden Office strip was an attempt to buffer the existing residential to the east. Two of the three GO parcels have been rezoned since that time to commercial — one as C-2 for a small strip center and one as C-4 limited to one use (used vehicle sales). As noted by one adjacent property owner, Mr. Warren did have a request denied for a Sonic on the parcel north of 63'd Street several years ago. The residential property owners adjacent to that site were vocal in their 575 Regular City Council Meeting June 29, 2004 Page 576 opposition. This parcel is the last of the Garden Office zoning with the exception of a small office tract immediately south of the Dodge dealership. No one spoke in opposition at the Planning Commission meeting. Several calls to the Planning Department, since the Planning hearing, indicate that there may be some continuing opposition from residents east of Frankford Avenue. The request is submitted as C-4 with a Specific Use Permit to accommodate construction of canopy structures within the front yard on the 641h Street side. Since the structures are a top only, and adjacent only to the off street, there should be no detriment to line of sight along 64`h ` Street or Frankford Avenue. The site plan proposes only one curb return on Frankford Avenue, which will benefit congestion control. The proposed use should not dramatically affect the overall thoroughfare system. The Planning Commission recommended approval of the request. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. Citizens stated some reasons for opposition were as follows: reduction of the value of homes; safety of children; noise level; heavier traffic; and debris. Council Member DeLeon stated that she was at the Planning Commission public hearing for the zoning change and no one was present to state opposition. She asked why they did not come to the meeting. Ms. Anderson stated she had not received a letter, but some of the other residents did and could not attend the meeting. Ms. Anderson provided a petition to close 641h and Frankford and make a cul-de-sac. Mayor McDougal asked what the people on 63`d thought about this and Ms. Anderson stated she had not talked with them. Randy Henson, Senior Planner, stated if there was an issue on 64`h Street and they closed the street, the issue would shift to 63'd Street. He stated there was a cost issue and land issue to building a cul-de-sac. Mayor McDougal suggested that this item be continued to the July 15, 2004 council meeting and that the Sonic organization and the neighborhood group visit with Jere Hart, City Traffic Engineer, and the Chairman of the Planning Commission Motion was made by Council Member Boren to continue this item to the July 15, 2004 meeting with the stipulations that the Sonic organization and the neighborhood group visit with Jere Hart, City Traffic Engineer, and the Chairman of the Planning Commission. Council Member Gilbreath asked if Council could give the Chairman of the Planning Commission the prerogative to rehear this zone case. Mr. Henson stated they would need to send it back. Council Member Boren stated he would withdraw his motion if Council could send this back to Planning and have a rehearing. Mr. Henson stated there was not a precedent for this. Council Member Boren withdrew his motion. Mr. Henson suggested that they start the case over and clear up any procedural issues. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to restart the case and instruct the Planning Department to institute a new case on this zoning to allow the people in the 576 Regular City Council Meeting June 29, 2004 Page 577 neighborhood the opportunity to appear before the Planning and Zoning Commission. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 35. ADMINISTRATIVE SERVICES Civic Services (40.) Resolution No. 2004-RO298 authorizing the Mayor to execute a lease agreement between the City of Lubbock and the South Plains Professional Hockey Club, Ltd. to use the Municipal Coliseum for the presentation of professional hockey games and other ice skating - related activities. RESOLUTION NO. 2004-RO298 BE IT RESOLVED 13Y 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 Lease Agreement and any associated documents for use of the Auditorium -Coliseum for professional hockey activities by and between the City of Lubbock and the South Plains Professional Hockey Club, Ltd., a copy of which License Agreement is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 29th day of June, 2004. /S/ NAIARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Vicki Key _ Vicki Key, Civic Services Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver., Attorney of Counsel A copy of License Agreement is filed with Resolution No. 2005-R0298. This item was considered following Item 30. In November of 1998, the City entered into a five-year Coliseum lease agreement with the South Plains Professional Hockey Club to present professional ice hockey in Lubbock. The expiration date of the lease was April 30, 2004. The agreement gave the Hockey Club an option to renew and extend the term of the agreement for an additional five seasons, contingent upon the renegotiation of certain terms of the agreement, such as building rent, novelties, and ticketing. The lease agreement has been revised, incorporating the renegotiated terms. Key components of the Coliseum Lease Agreement are as follow: 1. The term of the lease agreement will be from September 1, 2004 through April 30, 2005, with an option to renew on an annual basis for four additional seasons with written notice to the City by April 1st each year. 577 Regular City Council Meeting June 29, 2004 Page 578 2. The Hockey Club will pay building rent in the amount of $1,950 per game. The initial lease provided for rent credits during the term of the agreement in order for the hockey franchise to recoup the major capital improvements they made to the Coliseum, i.e. the installation of the ice floor, ice plant and equipment required to present ice hockey. They have now recouped their investment in the capital improvements. This rental fee is consistent with what other teams are paying, given that the hockey franchise will continue to provide the Rink Manager and personnel to maintain the ice surface during all of their ice activities, including construction of the ice at the beginning of the season. 3. There will be no charge for practices or ancillary skating activities and usage is subject to building availability. 4. The Hockey Club will continue to retain 100% of their merchandising and novelty sales. 5. The Hockey Club will continue to retain 100% of the parking revenue and will be responsible for expenses to administer paid parking on the Coliseum lot during their events. 6. The Hockey Club will continue to retain 100% of their temporary advertising signage and will share any permanent or year-round advertising revenue on a 50150 basis with the City. 7. Regarding concessions sales from the hockey games, the City will retain the first $55,000 in commissions received from the concessionaire. Any commissions received by the City, over and above the $55,000, shall be paid to the hockey franchise. Under the initial agreement, the City retained 100% of the commissions. The $55,000 in commissions to be retained by the City would be consistent with the sales generated for the 2003/2004 Season. 8. The City will pay the electric utilities on the ice plant, up to $50,000 and maintain the ice plant. The hockey franchise shall be responsible for any utility cost over and above the $50,000. The initial lease agreement provided for the hockey franchise to pay the utilities on the ice plant. With the expiration of the initial lease agreement, the ice plant now belongs to the City. The building rent should offset the cost of the ice plant utilities and maintenance of the ice plant. 9. The hockey franchise will use Select -a -Seat for the sale of their tickets, the terms of which will be outlined under a separate agreement with Civic Lubbock, Inc. FISCAL IMPACT: None. It is anticipated that the amount of building rent received from the hockey franchise will offset the cost of the ice plant utilities and maintenance. The Coliseum lease agreement with the hockey franchise expired on April 30, 2004. It was a five-year lease with an option to renew and extend the lease an additional five seasons, contingent upon the renegotiation of certain terms of the agreement. Those terms have been renegotiated. Staff recommended approval of the revised Coliseum lease agreement. Motion was made by Council Member Martin, seconded by Mayor Pro Tern Patterson to pass Resolution No. 2004-RO298 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Boren recused himself. Council Member Gilbreath offered thanks to the folks with the City and Civic Lubbock who helped negotiate the deal and stated they did a good job. 578 Regular City Council Meeting June 29, 2004 Page 579 Mayor McDougal also expressed appreciation to the representatives of the Cotton Kings who were present. The next item considered was Item 42. Health Department (41.) Ordinance No. 2004-00078 amending Chapter 14 of the Code of Ordinances of the City of Lubbock, with regard to tattoo studios and body piercing studios; providing a penalty; providing a savings clause; and providing for publication (first reading). ORDINANCE NO.2004-00078 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO TATTOO STUDIOS AND BODY PIERCING STUDIOS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The current City of Lubbock Tattoo Ordinance was last updated in 1982, over 20 years ago. The current ordinance does not address body piercing, prohibits anyone under 21 years of age from receiving a tattoo, and does not require knowledge of blood -borne pathogens and the use of universal precautions while administering tattoos. There are currently 14 Tattoo,'Permanent Makeup establishments and 18 Tattoo/Permanent Makeup operators impacted by this proposed ordinance. Bridget Faulkenberry, Environmental Health Manager, and staff held several meetings with local Tattoo/Body Piercing Studio owners and artists and other stakeholders the past several months and reached a consensus regarding the content of the rules. Staff proposes adoption of the current State of Texas rules for Tattoo and Certain Body Piercing Studios and Operators, with the following amendments, as City ordinance. The ordinance contains the following changes: • Prohibits the tattooing of anyone under 18 years (current ordinance is 21) of age unless, with parent or guardian approval, it is to cover a certain existing tattoo, and makes it a Class B misdemeanor to falsify age. • Prohibits body piercing anyone under 18 years of age without parent or guardian permission (current ordinance is 21), makes it a Class B misdemeanor to falsify age. This does not apply to ear piercing. • Tongue -splitting and surgical body modification is prohibited. A definition of tongue -splitting and surgical body modification is included. • New rules require six hours of training on blood -borne pathogens, infection control and aseptic technique. The City of Lubbock proposed ordinance requires education, training and experience, or any combination thereof, but does not specify a number of hours required annually. The City of Lubbock hopes to provide annual training, and the American Red Cross has agreed to develop a training course. Studios must show documentation of training received, at time of inspection. • Current ordinance requires tattoo/permanent makeup operators to be tested for venereal disease, tuberculosis, hepatitis, or any skin disease. According to the Center for Disease Control (CDC,) there have been no known outbreaks associated with a tattoo operator transmitting one of the above diseases to a patron. The danger lies in re -use of equipment or needles. Staff believes that the more stringent sanitation requirements and training requirements contained in the new rules will be effective in prevention of communicable disease transmission in tattoo, permanent makeup, and body piercing studios. 579 Regular City Council Meeting June 29, 2004 Page 580 • Temporary tattoo/body piercing locations will not be allowed. • New studios must provide hand -washing facilities within 10 feet of the site where tattooing or body piercing is performed. Unrestricted access to hand -washing facilities shall be provided. Hand -washing water shall be capable of reaching 110 degrees F. • Clients must be informed of the risks associated with receiving a tattoo or body piercing, and must be informed of the increased risk to diabetics, as well as the increased risk for adolescents during certain stages of development (relating to body piercing). • A monthly spore test to ensure that autoclaves are sterilizing properly will be required. Documentation must be provided, at time of inspection. A motion to approve the proposed ordinance by the Lubbock Board of Health was made, seconded, and passed 4-0 on May 21, 2004, in favor of forwarding the ordinance on to the City Council for approval. FISCAL IMPACT: Staff expects to increase revenue by approximately $900 per year attributed to the new fee for body piercing studios. Staff recommended adoption of the ordinance to further protect the health, safety, and welfare of the citizens of Lubbock. Bridget Faulkenberry, Environmental Health Manager, gave a presentation and staff comments. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to pass on first reading Ordinance No. 2004-00078 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 45. City Secretary (42.) To discuss the request for a rate increase submitted by Steve Sexton, of Yellow Cab Enterprises (taxi cab service), and to take appropriate action. This item was considered following Item 40. Steve Sexton submitted a request to increase Yellow Cab's fare rates, due to the high cost of gasoline. He says the price of gas has doubled since December 2002, and his drivers are paying approximately $50 more a week. He is proposing, that rather than a permanent increase, he would like to add a fifty -cent surcharge to each fare. If prices drop to the $1.50 level, he would eliminate the surcharge. His current fare schedule is: $1.85 for the first 1/10 mile $ .15 for each additional 1/10 mile $ .25 per minute waiting time $ .50 for each additional passenger $2.00 for each additional passenger — airport (if same location, can split fare plus any other additional charges) $6.00 minimum to and from airport If City Council determines that there is a question as to the reasonableness of the rate increase request, and does not accept it, Council will set a public hearing date on the matter. At the public hearing, the permit holder (Mr. Sexton) would have to show cause why such rates are not unreasonable. If, at the conclusion of the public hearing, Council determines that the rates are not justified, Council shall, by resolution, establish reasonable rates for Yellow Cab. Regular City Council Meeting June 29, 2004 Page 581 FISCAL IMPACT: Not applicable. City Council can accept the temporary rate increase if they deem it to be reasonable; or if it is determined that additional information is needed, Council can call a public hearing, and Mr. Sexton would have to show cause why such rates are not unreasonable. Motion was made by Council Member Martin, seconded by Mayor Pro Tern :Patterson to pass the rate increase submitted by Steve Sexton, of Yellow Cab Enterprises (taxi cab service). Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 34. FINANCE Other (43.) Consider acceptance of the City of Lubbock Comprehensive Annual Financial Report for the fiscal year 2002-2003. This item was deleted. MISCELLANEOUS Other (44.) Resolution No. 2004-RO301 adjusting the annual salary of the presiding Judge of Municipal Court. RESOLUTION NO.2005-RO301 WHEREAS, Pursuant to Resolution No. 2002-R0155, the City Council of the City of Lubbock is required to establish the salary for the Presiding Judge of the Municipal Court of Record prior to commencement of the term of office of said Municipal Judge; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1) THAT the salary for the position of Presiding Judge, Lubbock Municipal Court of Record, shall be $98,121.92 per annum; 2) THAT said initial salary shall be reviewed and may be adjusted by the City Council annually as part of the City budget process and Section 2 of Resolution No. 2002-RO155 is hereby superseded to the extent of any conflict with this Resolution; 2) THAT in accordance with Sec. 30.0006(h), Government Code, the salary of the Presiding Judge of the Municipal Court of Record shall not be lowered during the Presiding Judge's term of office; and 5) THAT upon passage of this Resolution, the City Manager or his designee shall make such changes to the municipal budget as shall be necessary to implement this Resolution. Passed by the City Council this 29th day of June, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Lou Fox Lou Fox, City Manager 581 Regular City Council Meeting June 29, 2004 Page 582 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel This was the first item considered after City Council reconvened at 3:38P.M. Robert A. Doty has served as presiding Judge of Municipal Court since 1998. His current salary is $90,720 annually. This salary has not been adjusted since May 2002; this salary is not adjusted when City employees' raises are made effective each fiscal year. The annual salary should be adjusted to reflect, at a minimum, the two and four percent increases that have been granted to City employees in the interim period. Judge Doty would like to address the issue of an appropriate increase at the June 29, 2004 City Council meeting. A second (alternative) resolution has been prepared to reflect the comments of Council at the May 25, 2004 meeting, regarding possible annual review of salary for this position. The base salary for this position is $84,000 annually. FISCAL IMPACT: The annual cost for judges' pay is already included in the annual budget. Any increase will be prospective only (by law). This appointment will have minimal impact on the existing budget to reflect any increase for the period July through September 2004. Judge Doty asked for Council review and adjustment of his annual salary. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to pass Resolution No. 2004-RO301 to adjust the salary of the Municipal Court Judge by 4% for last year and 4% for the year before added to his present salary going forward, but not retroactive, and that his salary be reviewed again for the City budget for the 2004-2005 fiscal year and then be done on an annual basis. Motion carried: 5 Yeas, 0 Nays. The next items considered were Items 46 and 83. PLANNING AND TRANSPORTATION Aviation (45.) Resolution No. 2004-RO299 - RFP 042-04/RS—for Automobile Parking Contract at Lubbock International Airport (Aviation). RESOLUTION NO.2004-RO299 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 Automobile Parking Management Contract with Republic Parking System, Inc. for Public Parking Facilities at Lubbock International Airport. 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 582 Regular City Council Meeting June 29, 2004 Page 583 APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis, Director of Aviation APPROVED AS TO FORM: /S/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2005-R0299. This item was considered following Item 41. This contract is for an Automobile Parking Contract at Lubbock International Airport. The Evaluation Committee included a representative from the Airport Board, a representative from the City's Budget Department, and three airport staff members. Proposals were evaluated based on 1) revenue to the City and financial strength of Proposer — 50%, 2) experience of firm — 25%, 3) personnel qualifications — 20%, and 4) methodology — 5%. After the Evaluation Committee met and discussed the proposals, all five members of the Committee ranked Republic Parking System, Inc. higher than the other proposals. The Evaluation Committee also agreed the management agreement was most beneficial to the City instead of a concession agreement. The management agreement will place more responsibility on airport staff to monitor revenues and expenditures. The concession agreement places more responsibility on the operator. Six companies submitted proposals and were ranked as follows: Company Score Republic Parking System, Inc. of Chattanooga, TN 2,150 Standard Parking Corporation of Chicago, IL 1,775 AMPCO System Parking of Houston, TX 1,320 Central Parking System of Texas of Houston, TX 1,320 Parking Company of America of Dallas, TX 1,200 Fidelity Parking of Houston, TX 435 On May 20, 2004, the Committee requested that the Airport Board approve the selection of Republic Parking System Inc. The Airport Board approved the selection and is recommending City Council approve the management contract with Republic Parking System Inc. The term of the contract will be for five years with one additional five-year option to renew, agreeable to the City and Parking Operator. FISCAL IMPACT: Under the management agreement, the Airport will receive all parking revenues. The parking operator will submit a budget for approval and the Airport will reimburse the parking operator's expenses, along with a management fee. The parking operator's monthly expense reimbursements will be reviewed and compared to the approved budget. The management fees for the five-year term are: Year 1 - $88,446; Year 2 - $91,099; Year 3 - $93,832; Year 4 - $96,647; and Year 5 - $99,547. Staff recommended contract award to Republic Parking System, Inc. of Chattanooga, Tennessee, James Loomis, Director of Aviation, gave staff comments concerning an annual audit, background checks and car count mechanisms. 583 Regular City Council Meeting June 29, 2004 Page 584 Motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass Resolution No. 2004-R00299 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. At this time, Mayor McDougal called for Items 46-84. Council Member Martin stated the following: "Mr. Mayor, I have a motion to make and this is going to be rather complicated. But it's to try to dispose of about 40 agenda items here with one motion. I would move approval of No. 46 and No. 83, which are combined and when I make the motion, the motion I am making would also modify Items 54, 59, and 61, and all of the rest would be approved as submitted and here is the motion. In the recommendation from the committee, there was a recommendation of $100,000 to fund Housing Barrier Free Programs. My motion would be to raise that to $200,000. That's the program that goes for modifying the homes of low-income people so that they can get in and out of showers and so forth, particularly the elderly. The next part would be to reduce the street paving program that we funded last year $200,000 and the year before that at a $100,000 and I don't believe those funds have been spent yet. Reduce it from $300,000 to $215,000. Then the next item would be to eliminate the $100,000 for the Micro Loan Program for the CDC North and East Lubbock Community Development Corporation because we earlier, on Item 19, in effect eliminated that program for this year because it wasn't being used and it was too restrictive and put the money into the regular Economic Development Program. And we already have as part of this program 250,000 new dollars going to that program as it stands with the recommendation. And finally, I would add $60,000 for the YWCA Childcare Program, which was funded last year and was eliminated. And it is the only childcare program that will harvest 2.5 times the amount of federal funds before this expenditure. And also add back the $25,000 that was funded last year for the YWCA's Challenger Program for disabled youth to be able to participate in activities that are referred from the LISD. I'm sorry. You're shaking your head. You can't do that. Why?" Nancy Haney, Community Development Director, stated: "You are taking money from nonpublic service projects and putting it into public service projects, which will make us exceed our 15% cap." Council Member Martin stated he had agenda comments from Ms. Haney dated May 13, 2004, which show these are included under the public service. Ms. Haney stated that was an error on her part. Council Member Martin withdrew his motion until he had the correct information. The next items considered were Items 85-86. Items 46 and 83 were considered simultaneously after Item 44. Community Development (46.) Resolution No. 2004-RO302 approving the City of Lubbock 2004-2009 Consolidated Plan, as recommended by the Community Development Service Board, to be submitted to Housing and Urban Development. RESOLUTION NO.2004-RO302 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby approve the City of Lubbock 2004-2009 Consolidated Plan as recommended by the Community Development Service Board to be submitted to Housing and Urban Development. Said Plan 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. 594 Regular City Council Meeting June 29, 2004 Page 585 Passed by the City Council this 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Plan is filed with Resolution No. 2004-R0302. The U.S. Department of Housing and Urban Development (HUD) requires that a Consolidated Plan be submitted for review and approval to outline the City's future needs and plans to address those needs. Lubbock citizens participated in this process through neighborhood associations and the Community Development and Services Board (CDSB). In making recommendations, the Community Development and Services Board kept in mind the goals of the City Council and the identified needs of the neighborhoods. The draft Consolidated Plan has been available for review and comment since the first public hearing held by the CDSB on February 25, 2004, and at a second public hearing held by City Council on June 9, 2004. A 30-day comment period began on May 23, 2004, and ended on June 25, 2004. This is the final vote to approve the proposed Consolidated Plan and forward it to HUD. FISCAL IMPACT: This plan has no direct impact; it simply outlines the needs and priorities that will be addressed in the next five years. It does not commit general funds to any projects. This is a guide for the allocation of the Federal dollars received by HUD. There will be a positive impact after the projects are approved, as the funds are spent on the identified needs. Staff recommended that the City Council accept the Community Development Services Board's proposed 2004-2009 Consolidated Plan. On Item 46, which is Plan and Item 83, which is the item on Changing, motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2004-RO302 as reflected in the motion stated in Item 83. Motion carried: 5 Yeas, 0 Nays. (See Item 83 for the motion.) Items 47-60 were considered following Item 83. (47.) Resolution No. 2004-RO304 approving the proposal for the Citibus Para -.Transit program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. 585 Regular City Council Meeting June 29, 2004 Page 586 RESOLUTION NO.2004-R0304 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the Citibus-Para-Transit Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Am Sy ims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0304. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO304 in the amount of $215,000. Motion carried: 5 Yeas, 0 Nays. (48.) Resolution No. 2004-RO305 approving the proposal for the City of Lubbock (COL) Parks Summer Youth program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. RESOLUTION NO.2004-RO305 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the COL -Parks Summer Youth Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary Regular City Council Meeting June 29, 2004 Page 587 APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0305. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO305 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (49.) Resolution No. 2004-RO306 approving the proposal for the Community in Schools Youth program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. RESOLUTION NO.2004-RO306 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the Community in Schools Youth Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0306. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO306 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (50.) Resolution No. 2004-RO307 approving the proposal for the Lubbock Literacy Coalition Education program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. 587 Regular City Council Meeting June 29, 2004 Page 588 RESOLUTION NO.2004-RO307 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the Lubbock Literacy Coalition Education Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0307. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO307 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (51.) Resolution No. 2004-RO308 approving the proposal for the Lubbock Boys & Girls Clubs Summer Day Camps program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. RESOLUTION NO.2004-R0308 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the Lubbock Boys & Girls Clubs Summer Day Camps Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ VIARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary Regular City Council Meeting June 29, 2004 Page 589 APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0308. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO308 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (52.) Resolution No. 2004-RO309 approving the proposal for the Work Source Childcare program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. RESOLUTION NO. 2004-RO309 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the Work Source Childcare Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0309. _ Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO309 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (53.) Resolution No. 2004-RO310 approving the proposal for the COL BAND Code Enforcement Expansion program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. Regular City Council Meeting June 29, 2004 Page 590 RESOLUTION NO. 2004-RO310 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the COL BAND -Code Enforcement Expansion Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0310. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-R0310 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (54.) Resolution No. 2004-RO311 approving the proposal for the COL Community Development Barrier Free program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. RESOLUTION NO. 2004-RO311 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the COL -Community Development Barrier Free Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary .' 1] Regular City Council Meeting June 29, 2004 Page 591 APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-RO311. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO311 in the amount of $200,000. Motion carried: 5 Yeas, 0 Nays. (55.) Resolution No. 2004-RO312 approving the proposal for the COL Community Development Emergency Repair program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. RESOLUTION NO.2004-RO312 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the COL -Community Development Repair Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0312. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2004-RO312 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (56.) Resolution No. 2004-RO313 approving the proposal for the COL Community Development Economic Development Loan program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. 591 Regular City Council Meeting June 29, 2004 Page 592 RESOLUTION NO. 2004-RO313 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the COL -Community Development Economic Development Loan Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0313. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO313 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (57.) Resolution No. 2004-RO314 approving the proposal for the COL Community Development Housing Section 108 program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. RESOLUTION NO.2004-RO314 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the COL -Community Development Housing Section 108 Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 592 Regular City Council Meeting June 29, 2004 Page 593 APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0314. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO314 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (58.) Resolution No. 2004-RO315 approving the proposal for the COL Community Development Housing HEEELP program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. RESOLUTION NO. 2004-RO315 BE IT RESOLVED :BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the COL -Community Development Housing HEEELP Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0315. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO315 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. 593 Regular City Council Meeting June 29, 2004 Page 594 (59.) Resolution No. 2004-RO316 approving the proposal for the COL Community Development Street Paving program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. RESOLUTION NO.2004-RO316 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the COL -Community Development Street Paving Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0316. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO316 in the amount of S215,000. Motion carried: 5 Yeas, 0 Nays. (60.) Resolution No. 2004-RO317 approving the proposal for the North and East Lubbock CDC Infrastructure Program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. RESOLUTION NO.2004-RO317 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the COL -Community Development Street Paving Program from the Community Development Block Grant Program and all related documents. Said Proposal 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. 594 Regular City Council. Meeting June 29, 2004 Page 595 Passed by the City Council this 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant: City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0317. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-R0317 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 62-82 (61.) Resolution No. 2004-R0339 approving the proposal for the North and East Lubbock CDC Micro loan program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. RESOLUTION NO.2004-R0339 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and U.S. Department of Housing and Urban Development for the North and East Lubbock CDC -Micro Loan Program from the Community Development Block Grant (CDBG) Program 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director 595 Regular City Council Meeting June 29, 2004 Page 596 APPROVED AS TO FORM: /s/ AM Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0339. This item was considered following Item 82. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2004-RO339 modified to be approval under the CDBG Public Service Funding of the $60,000 and the $25,000 programs for YWCA. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 84. Items 62-82 were considered following Item 60. (62.) Resolution No. 2004-RO318 approving the proposal for the City of Lubbock CD CDBG Administration program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. RESOLUTION NO.2004-RO318 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the Lubbock CD CDBG Administration Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0318. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO318 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (63.) Resolution No. 2004-RO319 approving the proposal for the City of Lubbock CD Housing Delivery program, and all related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. 596 Regular City Council Meeting June 29, 2004 Page 597 RESOLUTION NO.2004-RO319 BE IT RESOLVED 13Y THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the Lubbock CD Housing Delivery Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant: City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0319. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO319 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (64.) Resolution No. 2004-RO320 approving the proposal for the City of Lubbock CD Indirect Costs program, and a❑ related documents, to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. RESOLUTION NO.2004-RO320 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the Lubbock CD Indirect Costs Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 597 Regular City Council Meeting June 29, 2004 Page 598 APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0320. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO320 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (65.) Resolution No. 2004-RO321 approving the proposal for the COL CD Housing Reconstruction program, and all related documents, to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. RESOLUTION NO. 2004-R0321 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the COL -CD Housing Reconstruction Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0321. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO321 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (66.) Resolution No. 2004-RO322 approving the proposal for the COL CD Pre -Hope Housing program, and all related documents, to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. f. • Regular City Council Meeting June 29, 2004 Page 599 RESOLUTION NO.2004-RO322 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the COL -CD Pre -Hope :Housing Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /�! MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney — Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amv Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0322. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO322 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (67.) Resolution No. 2004-RO323 approving the proposal for the Community Housing Resource Board Operations program, and all related documents, to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. RESOLUTION NO.2004-RO323 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the Community Housing; Resource Board Operations Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza _ Rebecca Garza, City Secretary 599 Regular City Council Meeting June 29, 2004 Page 600 APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0323. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO323 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (68.) Resolution No. 2004-RO324 approving the proposal for the Community Housing Resource Board Lease -Purchase program, and all related documents, to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. RESOLUTION NO.2004-RO324 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the Community Housing Resource Board Lease -Purchase Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0324. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO324 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (69.) Resolution No. 2004-RO325 approving the proposal for the Kelly Properties New Construction program, and all related documents, to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. .11 Regular City Council Meeting June 29, 2004 Page 601 RESOLUTION NO. 2004-RO325 BE IT RESOLVED 13Y THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the Kelly Properties New Construction Program from the Community Development Block Grant Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0325. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO325 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (70.) Resolution No. 2004-RO326 approving the proposal for the North and East Lubbock Development Corporation for the Pre -development Cost program, and all related documents, to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. RESOLUTION NO.2004-RO326 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the North and East Lubbock Development Corporation for the pre -development cost program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 601 Regular City Council Meeting June 29, 2004 Page 602 APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amv Sims _ Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-RO326 Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO326 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (71.) Resolution No. 2004-RO327 approving the proposal for the West Texas Community Impact Corp Interim Construction Financing program, and all related documents, to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. RESOLU'I 10N NO.2004-RO327 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the North and East Lubbock Development Corporation for the pre -development cost program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0327. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO327 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. 602 Regular City Council Meeting June 29, 2004 Page 603 (72.) Resolution No. 2004-RO328 approving the proposal for the City of Lubbock CD HOME Administration program, and all related documents, to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. RESOLUTION NO.2004-RO328 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the City of Lubbock CD HOME Administration Program from the Home Investment Partnerships Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant: City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0328. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO328 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (73.) Resolution No. 2004-RO329 approving the proposal for the City of Lubbock CD American Dream Down -payment Initiative program, and all related documents, to the U.S. Department of Housing and Urban Development under the ADDI Program. RESOLUTION NO.2004-RO329 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the City of Lubbock CD American Dream Downpayment Initiative Program from the Home Investment Partnerships Program and all related documents. Said Proposal 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. 603 Regular City Council Meeting June 29, 2004 Page 604 Passed by the City Council this 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Hana Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0329. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO329 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (74.) Resolution No. 2004-RO330 approving the proposal for the Alcohol Recovery Center Operations program, and all related documents, to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. RESOLUTION NO.2004-RO330 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the Alcohol Recovery Center -Operations Program from the Emergency Shelter Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Nancy Haney Community Development Director 604 Regular City Council Meeting June 29, 2004 Page 605 APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0330. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO330 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (75.) Resolution No. 2004-RO331 approving the proposal for the ASK House Operations program, and all related documents, to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. RESOLUTION NO.2004-RO331 BE IT RESOLVED I3Y THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the ASK House Operations Program from the Emergency Shelter Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-RO331 Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO331 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (76.) Resolution No. 2004-RO332 approving the proposal for the Lubbock Interfaith Hospitality Network Operations program, and all related documents, to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. 605 Regular City Council Meeting June 29, 2004 Page 606 RESOLUTION NO.2004-R0332 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the Lubbock Interfaith Hospitality Network Operations Program from the Emergency Shelter Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s / Nancy Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy_ Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0332. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-R0332 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (77.) Resolution No. 2004-R0333 approving the proposal for the Salvation Army Essential Services program, and all related documents, to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. RESOLUTION NO.2004-R0333 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and the Salvation Army Essential Services from the Emergency Shelter Grant 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary Regular City Council Meeting June 29, 2004 Page 607 APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0333. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO333 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (78.) Resolution No. 2004-RO334 approving the proposal for the Salvation Army Homeless Prevention program, and all related documents, to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. RESOLUTION NO.2004-RO334 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and the Salvation Army Homeless Prevention Program from the Emergency Shelter Grant 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney_ Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0334. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO334 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (79.) Resolution No. 2004-RO335 approving the proposal for the Salvation Army Operations program, and all related documents, to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. 607 Regular City Council Meeting June 29, 2004 Page 608 RESOLUTION NO.2004-R0335 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and the Salvation Army Operations Program from the Emergency Shelter Grant 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0335. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO335 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (80.) Resolution No. 2004-RO336 approving the proposal for the Vandelia Church Homeless Prevention program, and all related documents, to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. RESOLUTION N0.2004-R0336 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the Vandelia Church Homeless Prevention Program from the Emergency Shelter Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary •1: Regular City Council Meeting June 29, 2004 Page 609 APPROVED AS TO CONTENT: /s/ Nancy Haney — Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0336. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO336 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (81.) Resolution No. 2004-RO337 approving the proposal for the Women's Protective Services Essential Services program, and all related documents, to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. RESOLUTION NO.2004-RO337 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and Women's Protective Services for the Essential Services program from the Community Development Block Grant (CDBG) program 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0337. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO337 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (82.) Resolution No. 2004-RO338 approving the proposal for the City of Lubbock CD ESG Administration program, and all related documents, to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. •1• Regular City Council Meeting June 29, 2004 Page 610 RESOLUTION NO.2004-R0338 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the City of Lubbock CD ESG Administration Program from the Emergency Shelter Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nana Hanev Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0338. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-R0338 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 61. (83.) Resolution No. 2004-R0303 authorizing the attached changes to the Community Development Service Board 2004-2005 funding recommendations. RESOLUTION NO.2004-R0303 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council does hereby approve and authorize the changes to the Community Development Service Board 2004-2005 Funding Recommendations as set forth in Exhibit "A". Said Recommendations are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 610 Regular City Council Meeting June 29, 2004 Page 611 APPROVED AS TO CCNTENT: /s/ N Lncy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Recommendation is filed with Resolution No. 2004-R0303. RESOLUTION NO.2004-RO303A BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the YWCA Disabled Youth Recreation Challenger Program from the Community Development Block Grant (CDBG) Improvement Program and all related documents. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0303A. RESOLUTION NO.2004-RO303B BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and YWCA for the Challenger program from the Community Development Block Grant (CDBG) Program for Public Service and all related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 611 Regular City Council Meeting June 29, 2004 Page 612 Passed by the City Council this 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0303B. RESOLUTION NO.2004-RO303C BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does approve for and on behalf of the City of Lubbock, a Community Development Funding Proposal, for the Citibus-Para-Transit Improvements Program, and all related documents, under the Community Development Block Grant (CDBG) Program. Said Proposal 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 29th day of June, 2004. /S/ MARC MCDOUGAL _ MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0303C. On Items 46, which is Plan and Item 83, which is the item on Changing, motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2004-RO303 as follows: 612 Regular City Council Meeting June 29, 2004 Page 613 Increase the Housing Barrier Free Program to modify the homes of handicapped and indigent individuals from $100,000 to $200,000. Eliminate the $100,000 new program for North East Lubbock CDC Micro Loan Program. The second part of the motion is: Add $60,000 for YWCA Child Care Program and $25,000 for the Challenger Disabled Youth Program into the Public Service Funding. This will reduce the amount from $300,000 to $215,000 for the Para Transit Program and add a new program under the CDBG Other Category for $85,000 for bus shelters and bus benches in eligible areas and reduce the Street Paving from $300,000 to $215,000. Motion carried: 5 Yeas, 0 Nays. The next items considered were Items 47-60. (84.) Resolution No. 2004-RO340 authorizing the Mayor to sign all related documents for the 2004-2005 CDBG, HOME, and ESG funding. RESOLUTION NO.2004-RO340 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 sign all related documents for the 2004-2005 CDBG, HOME, and ESG funding recommendations. Said Recommendations are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 29th day of June, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Proposal is filed with Resolution No. 2004-R0340. This item was considered following Item 61. The U.S. Department of Housing and Urban Development informed the City of Lubbock that the City was to receive a Fiscal year 2004 consolidated formula and program income totaling $5,058,433 to allocate this year. This year, the City received 68 applications for CDBG, HOME and ESG funds with requested amounts totaling $6,947,990. The following shows a breakout of these resources and the amounts requested, through applications, for the use of these resources: 613 Regular City Council Meeting June 29, 2004 Page 614 Grant Available Requested Difference Community Development Block Grant (CDBG) $2,982,000 $4,683,405 ($1,701,405) HOME Investment Partnership Program (HOME) $1,972,035 $2,028,900 ($56,865) Emergency Shelter Grant (ESG) $104,398 $235,685 ($131,287) Total $5,058,433 $6,947,990 ($1,889,557) Lubbock citizens participated in this year's process through neighborhood associations, public hearings, and direct participation and the Community Development and Services Board (CDSB). After breaking into subcommittees to review the applications and formulate recommendations in April, the CDSB met on May 12, 2004, to formulate their recommendation for the FY 2004-2005 funding cycle. In making their decision, the Board kept in mind the goals of the City Council, the consolidated plan, the identified needs of the neighborhoods, staff priorities, and the recommendations of the provider groups. The recommendation for spending federal dollars has been published since May 23, 2004. A public hearing was held by the City Council on June 9, 2004, to allow for additional citizen input. FISCAL IMPACT: Funding for these resolutions is provided by Federal funds and program income. These funds allow the City to assist projects and citizens without impacting the general fund. Staff recommended that the City Council accept the attached Community Development and Services Board's funding recommendation and recommended the approval of these resolutions. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2004-RO340 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 88. Items 85-86 were considered following Item 45. Planni (85.) Consider appointment of a study group to review the cell tower portion of the Zoning Code. Several Council members have expressed concern regarding the status of Ordinance 9942 related to cell tower location and the zoning process. The Zoning Code was amended in 1996 after the Federal Government made specific changes to the Federal Communications Act and how communities can address communications facilities, including cell and PCS towers. The Planning Commission considered an "other business" item on June 3, 2004, and is recommending creation of a study group to review the current ordinance and any relevant information that has become available since the existing ordinance was adopted. Three members of the Planning Commission (Linda Middleton, Jerry Bell, and Marianne Overton) have volunteered to serve. The Commission recommendation includes that several City Council members and representatives of the cellular/PCS industry make up the balance of the study group. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Gilbreath, seconded by Mayor Pro Tem. Patterson to pass Item 85. 614 Regular City Council Meeting June 29, 2004 Page 615 Council Member Martin stated there was nothing in the backup to show how the study group should be set up. The Planning Commission recommended some council members and Council Member Martin did not feel the council members were in a position to do that. He suggested that it be set up with the three Planning and Zoning Commissioners, two citizens that are appoint by the City Council rather than trying to appoint council members and then the five together could try to obtain members in the cell industry as ex-officio members to work with them. Council Member Gilbreath accepted this as a friendly amendment to his motion. Mayor McDougal stated: "We have a motion and second that we would appoint Linda Middleton, Jerry Bell, and Marianne Overton. Council would then appoint two citizens and those five would get two members from -the cellular industry to be on that review committee (study group) as ex -of icio members." Motion carried: 6 Yeas, 0 Nays. Motion was made Council Member Martin, seconded by Council Member Gilbreath to appoint John Steinmetz and Darrell Vines. Motion carried: 6 Yeas, 0 Nays. Streets and Paving (86.) Resolution No. 2004-RO300 authorizing the Mayor to sign Amendment No. 1 to an agreement with Parkhill, Smith & Cooper, Inc. for engineering services related to the paving of Milwaukee Avenue from 34`h Street to 98th Street. RESOLUTION NO.2004-RO300 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, Amendment #1 to an Agreement between the City of Lubbock and Parkhill, Smith & Cooper, Inc., for engineering services for Milwaukee paving from 341h Street to 98th Street. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 29th day of June, 2004. /S/ MARC r �ICDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, P.E. City Engineer APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of Amendment is filed with Resolution No. 2005-R0300. At the April 22, 2004 City Council meeting, an agreement was approved for preliminary engineering services for the paving of Milwaukee Avenue from 34`h Street to 98`h Street. 615 Regular City Council Meeting June 29, 2004 Page 616 This amendment to that agreement provides for the detailed professional engineering services necessary to prepare plans, specifications, and estimates (P. S. & E.) for the paving of this thoroughfare. In an effort to accelerate the construction of the paving improvements, the delivery of the P. S. & E. will be split in to phases. This acceleration to meet the Council requested schedule will require that engineering begin before the developer agreements are completed and signed. To protect the City from risk, staff would not normally recommended proceeding with final engineering on a project that requires additional agreements before it can be constructed. Failure to obtain all of the developer agreements before proceeding with final engineering may result in substantial engineering cost being expended on portions of the project that do not proceed to construction in a timely fashion and require additional engineering costs in the future. FISCAL IMPACT: This amendment to the contract is for an additional amount not to exceed $967,235. These additional funds are covered by the 2004 General Obligation Bonds approved at the June 8, 2004 City Council meeting, and by an additional budget amendment ordinance included in an above agenda item. The Gateway Streets Fund and developer agreements (which have not yet been completed) will fund the construction of this project. Staff recommended approval of this contract amendment at this time, if Council's schedule for this project is to be maintained. Motion was made by Council Member Boren, seconded by Council Member DeLeon to pass Resolution No. 2004-RO300 as recommended by staff. Council Member Martin stated that the backup material did not include the actual schedule and asked if the motion included the field survey and roadway design for phase one, phase two and phase three of the project and adding a contingent schedule subject to agreements with the developers. Council Members Boren and DeLeon stated that it did. Motion carried: 6 Yeas, 0 Nays. 12:50 P.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present except Council Member Jones. 3:38 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal; Mayor Pro Tem T. J. Patterson; Council Member Gary O. Boren; Council Member Linda DeLeon; Council Member Jim Gilbreath;; Council Member Tom Martian; Lou Fox, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Mayor Pro Tem T. J. Patterson and Council Member Jones The next item considered was Item 44. BOARD APPOINTMENTS (87.) Consider an appointment to the Appointments Advisory Board. This item was deleted. (88.) Consider an appointment to the Board of Electrical Examiners. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to appoint Kimberly Murrell to the Board of Electrical Examiners. Motion carried: 5 Yeas, 0 Nays. (89.) Consider an appointment to the Building Board of Appeals. 616 Regular City Council Meeting June 29, 2004 Page 617 Motion was made by Council Member Gilbreath, seconded by Council Member Martin to appoint Melissa Trevino to the Building Board of Appeals. Motion carried: 5 Yeas, 0 Nays. Consider an appointment to the Canadian River Municipal Water Authority. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to appoint Robert Rodgers to the Canadian River Municipal Water Authority. Motion carried: 5 Yeas, 0 Nays. (90.) (91.) Consider appointments to the Citizens Traffic Commission. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to appoint Abel Martinez and Renee Underwood to the Citizens Traffic Commission. Motion carried: 5 Yeas, 0 Nays. (92.) Consider appointments to Civic Lubbock, Inc. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to appoint Dan Burns, Gertie Jeter and Eusebio Moralez to the Civic Lubbock, Inc. Motion carried: 5 Yeas, 0 Nays. (93.) Consider appointments to the Community Relations Task Force. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to appoint Earnest Merritt, Andrea Rangel and Alice Chavez to the Community Relations Task Force. Motion carried: 5 Yeas, 0 Nays. (94.) Consider an appointment to the Libraries Board. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to appoint Scot Mayfield to the Libraries Board. Motion carried: 5 Yeas, 0 Nays. (95.) Consider an appointment to the Park & Recreation Board. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to appoint Grey Lewis to the Park & Recreation Board. Motion carried: 5 Yeas, 0 Nays. (96.) Consider appointments to the Public Transit Advisory Board. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to appoint Ben Jaime and Cindy Finley to the Public Transit Advisory Board. Mr. Jaime has moved out of town and Mr. Gilbreath withdrew his name. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal stated that this would need to go back to Appointments and Advisory Board for another recommendation. (97.) Consider an appointment to the Urban Design/Historic Preservation Commission Motion was made by Council Member Gilbreath, seconded by Council Member Martin to appoint Chuck Hardy, Kenneth Pierce, Jason Hodges, Jone Fisher and Christopher Ritter to the Urban Design/Historic Preservation Commission. Motion carried: 5 Yeas, 0 Nays. 3:50 P. M. COUNCIL ADJOURNED There: being no further business to come before Council, Council Member Gilbreath made a motion to adjourn. Mayor McDougal adjourned the meeting. 617 Regular City Council Meeting June 29, 2004 Page 618 Read and approved this ,,,:2��day of MARC M DOUGAL, MAYOR ATTEST: Rebecca Garza, City Secret 618