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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/26/2004CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING AUGUST 26, 2004 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 26th day of August, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:32 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council Member Gary O. Boren, Council Member Linda DeLeon, Council Member Jim Gilbreath, Council Member Phyllis Jones, Council Member Floyd Price Absent: No one CITIZEN COMMENTS One citizen expressed comments to the Council. Lewayne Feagin, representing Rio Brazos and Oak Canyon Estates, spoke concerning Lake Alan Henry. 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; competitive matters of the public power utility; discuss or deliberate regarding commercial or financial information from an economic development business prospect seeking to locate, stay, or expand in or near Lubbock" as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:35 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Business Development; Electric Utilities; Overton; 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 (Business & Neighborhood Development; Water Utilities). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager; City Secretary) 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; Regular City Council Meeting August 26, 2004 to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency. (4a.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.087 to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations (Market Lubbock, Inc). 9:07 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Pro Tem Tom Martin; Council Member Linda DeLeon; Council Member Phyllis Jones; Council Member Floyd Price; Lou Fox, City Manager; Anita Burgess, City Attorney; Rebecca Garza, City Secretary; and Richard Casner, First Assistant City Attorney Absent: Mayor Marc McDougal; Council Member Gary 0. Boren; Council Member Jim Gilbreath Mayor Pro Tem Martin called the meeting to order at 9:07 A. M. (5.) Invocation by Pastor David Robertson, Raintree Christian Church. (6.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. BOARD APPOINTMENT RECOGNITIONS Urban Design/Historic Preservation Commission Receiving: Dr. Sankar Chatterjee 9:10 A. M. Council Members Boren and Gilbreath arrived at the dais. CITIZEN APPEARANCES (7.) Presentation of a citizen recognition to Mr. and Mrs. Roland Roberts for their work with the Casey and Ribble Parks. This item was requested by Council Member Boren. Council Member Boren made the presentation to Roland Roberts. Mrs. Roberts was unable to attend. (8.) Presentation of an employee recognition to Mr. Benito Ortiz for his work with the Casey and Ribble Parks. This item requested by Council Member Boren. Mayor Pro Tem Martin made the presentation to Mr. Ortiz. Mr. Ortiz commented this would not have been possible without his staff. CONSENT AGENDA (Items 10-11, 14-17,19-20,22, 24-25, 27-32) Motion was made by Council Member DeLeon, seconded by Council Member Boren to approve Items 10-11, 14-17, 19-20, 22, 24-25, 27-32 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 9:14 A. M. Mayor McDougal arrived at the dais after the vote on Consent Agenda (9.) Approval of Minutes: August 16, 2004 Regular City Council Meeting This item was deleted. (10.) ORDINANCE No. 2004-00088: Ordinance abandoning and closing a portion of Avenue 0 between Block 8 and Block 9, Richmond Second Addition and a portion of Avenue 0 adjacent to Block 7, Richmond Addition to the City of Lubbock (305 Avenue 0) (Right -of -Way) (second and final reading ). 126 Regular City Council Meeting August 26, 2004 ORDINANCE NO. 2004-00088 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AVENUE O LOCATED ADJACENT TO BLOCK NINE (9) OF THE RICHMOND SECOND ADDITION AND A PORTION OF AVENUE O LOCATED ADJACANT TO BLOCK SEVEN (7) OF THE RICHMOND ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance was read for the first time at the August 16, 2004 City Council meeting as a routine consent agenda item. This ordinance abandons and closes the 0.693-acre (30,187.08 sq. ft.) portion of Avenue O, north of 3`d Street, and south of the Burlington Northern & Santa Fe Railroad right-of-way, and a 3,347.085 sq. ft. portion of Avenue O, just south of 3d Street for Falcon Steel Company. FISCAL IMPACT: Income to the City of $8,383.54. The Right -of -Way Department recommended the approval of the second reading of this ordinance. (11.) Ordinance No. 2004-00089 abandoning and closing a portion of East 47'h Street just west of Locust Avenue in Section 6, Block B, Lubbock County, Texas (4702 Locust Avenue) (first reading). ORDINANCE NO. 2004-00089 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF EAST 47TH STREET LOCATED IN SECTION 6, BLOCK B, IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 0.786-acre (34,238.16 sq. ft.) portion of East 47"' Street just west of Locust Avenue adjacent to Lot 3, Block 8, Burlington Industrial Addition #2 for replat purposes. The requestor of this closure is the South Plains Food Bank who desires to expand their parking area and business. The Food Bank was not the original dedicator of the street area to be closed so there will be a charge for it. The Right -of -Way Department has appraised 33% of this street area to be closed at $00.25 per sq. ft. or 11,298.59 sq. ft. X $00.25 for a value of $2,824.65. The remaining 67% is appraised at $00.07 per sq. ft. or 22,939.57 X $00.07 = $1,605.77 for a total of $4,430.42. The area being closed will remain as a utility easement and drainage easement so it will be valued at 40% of the appraised value or $1,772.17. Additional street area will be dedicated as a cul-de-sac containing 1,497.5 sq. ft. and is valued at $00.07 per sq. ft. for a credit of $104.83 for a total due the City of $1,667.34. FISCAL IMPACT: Income to the City of $1,667.34. The Right -of -Way Department recommended the approval of the first reading of this ordinance. The next items considered were Items 14-17. Items 12-13 were moved from consent agenda to regular agenda and considered following Item 32. 127 Regular City Council Meeting August 26, 2004 (12.) Ordinance No. 2004-00090 adding Subsection 21-1 to the Code of Ordinances of the City of Lubbock, Texas, with regard to the recommendations for the naming of locations and facilities at the Lake Alan Henry (Community Services) first reading). ORDINANCE NO. 2004-00090 AN ORDINANCE ADDING SUBSECTION 21-1 TO THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO RECOMMENDATIONS FOR THE NAMING OF LOCATIONS AND FACILITIES AT LAKE ALAN HENRY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Approval of this item provided for a process to name locations and facilities at Lake Alan Henry. Possible locations that could be considered for naming includes coves, points, scenic overlooks, roads, trails, campgrounds and interpretive sites. Facilities that could be considered for naming include any of the buildings and/or amenities. The Lake Alan Henry Working Group, which currently consists of three City of Lubbock Councilpersons and various City staff members, would make recommendations to the City Council for naming. The City Council will have the final authority with regard to approving the names. FISCAL IMPACT: Not applicable. Staff recommended approval of this ordinance to provide a process for naming facilities and locations at Lake Alan Henry. Randy Truesdell, Parks and Recreation Director, gave comments. Motion was made by Council Member Boren, seconded by Mayor Pro Tern Martin to pass on first reading Ordinance No. 2004-00090 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (13.) Ordinance No. 2004-00091 amending Chapter 16 of the Code of Ordinances, with regard to definitions related to exceptions to Junk Vehicles — lawfully parked vehicles; relocation of public nuisance to another location; providing a penalty; providing a savings clause; and providing publication (Planning and Transportation) first reading). ORDINANCE NO.2004-00091 AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DEFINTIONS RELATED TO EXCEPTIONS TO JUNKED VEHICLES- LAWFULLY PARKED VEHICLES; RELOCATION OF PUBLIC NUISANCE TO ANOTHER LOCATION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This amendment changes Sec. 16-370 (2) to read: Sec. 16-370. Exceptions --Lawfully parked vehicles. (2) A vehicle or part thereof (a) that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or a junkyard; or (b) that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property. (c) For purposes of this subsection (2), the vehicle or part thereof and the out door storage area, if any must be: (1) maintained in an orderly manner; (2) not a health hazard; and 128 Regular City Council Meeting August 26, 2004 (3) screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery. This amendment to the ordinance would require property owners that are allowed to store Junked Vehicles on their property to keep the outdoor storage areas clean and orderly and screened from public view. FISCAL IMPACT: No additional funding is required. Staff .recommended the approval of this ordinance. Motion was made by Council Member DeLeon, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00091 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 18. Items 14-17 were considered following Item 11. (14.) Resolution No. 2004-RO399 authorizing the Mayor to execute a land lease agreement with Lubbock County Flower Growers, Inc., for an airport outer marker navigation site (New Deal, Texas) (Right -of -Way). RESOLUTION NO.2004-RO399 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement to be entered into by and between the City of Lubbock and Lubbock County Flower Growers, Inc. (as Lessor), attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26`" day of August, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza _ Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Lease Agreement is filed with Resolution No. 2004-R0399. This lease was originally issued June 23, 1994 for ten years and three months and will expire September 30, 2004. This outer marker navigation site is located along the north side of Farm Road 1729 approximately one-half mile east of New Deal, Texas and contains Federal Aviation Administration navigational equipment used in conjunction with the 129 Regular City Council Meeting August 26, 2004 Lubbock International Airport. The size of this site is 55 feet by 100 feet and contains 5,500 sq. ft. The term of this new lease is for 10 years, starting October 1, 2004 and ending on September 30, 2014. The yearly cost of this lease is $250 for a total of $2,500, payable upon execution of the lease. FISCAL IMPACT: Expense to the City is $2,500 for this 10-year lease and will come out of 4611.8302 (Professional Services). The Right -of -Way Department recommended the approval of this lease agreement with Lubbock County Flower Growers, Inc. (15.) Resolution No. 2004-RO400 authorizing the Mayor to execute a Deed Without Warranty to Falcon Steel Company for a tract of land adjacent to Block 7, Richmond Addition (305 Avenue O) (Right-of-way). RESOLUTION NO. 2004-RO400 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 Deed Without Warranty between the City of Lubbock and Falcon Steel Company, a Texas corporation, and any other related documents. Said Deed Without Warranty 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 26th day of August, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the Deed Without Warranty is filed with Resolution No. 2004-R0400. This resolution authorizes the Mayor to execute a Deed Without Warranty to Falcon Steel Company for the 3,347.085 sq. ft. portion of Avenue O, just south of 3rd Street that is being abandoned and closed in the ordinance for second reading in place on the City Council agenda today. FISCAL IMPACT: No fiscal impact. The Right -of -Way Department recommended approval of this Deed Without Warranty to Falcon Steel Company. (16.) Resolution No. 2004-RO401 authorizing the Mayor to execute a street use license with Combined Leasing Group, for the use of a portion of Avenue F for a canopy overhang encroachment (1702 Avenue F) (Right -of -Way). 130 Regular City Council Meeting August 26, 2004 RESOLUTION NO.2004-RO401 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 Street Use License for a canopy overhang, by and between the City of Lubbock and Combined Leasing Group, a partnership composed of Dale Sedberry, Wayne Davidson and Keith Voyles, and related documents. Said License 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 26th day of August, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Senior Attorney/Office Practice A copy of the License is filed with Resolution No. 2004-R0401. This .license was originally issued to Leon F. Davidson and Roy L Voyles, d/b/a L & R Properties on August 13, 1984 for a canopy overhang encroachment located at Avenue F and 171h Street. This license will expire in August and the new licensee, Combined Leasing Group, has requested to renew the license for an additional 20 years. This license will be for twenty years, payable every five years. The City will receive $50 per year or $250 for each five-year period. FISCAL IMPACT: Yearly income of $50 to the City. The Right -of -Way Department recommended the approval of this street use license to Combined Leasing Group. (17.) Resolution No. 2004-RO402 authorizing the Mayor to execute a street use License with Lubbock Tower Company for the use of a portion of Avenue Q for a guy wire anchor encroachment (8210 Avenue Q). RESOLUTION NO.2004-RO402 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute :for and on behalf of the City of Lubbock, a Street Use License for a radio tower guy wire anchor, by and between the City of Lubbock and Lubbock Tower Company, and related documents. Said License 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. 131 Regular City Council Meeting August 26, 2004 Passed by the City Council this 26th day of August, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Senior Attorney/Office Practice A copy of the License is filed with Resolution No. 2004-R0402. Lubbock Tower Company has a radio antenna located on property they own south of 82"d Street between Avenue U and Avenue Q. The antenna has several anchors in the ground adjacent to the tower that hold guy wires to stabilize the tower. A recent survey of the property indicated that one of these guy wire anchors is located in a portion of Avenue Q, just south of 82"d Street. At the present time, Avenue Q is unpaved and unopened on the ground, but some time in the future could be opened up due to development. The area of this requested street -use license is 10-feet by 10-feet or 100 sq. ft. Lubbock Tower Company will be charged the $50 minimum per year for this license and the license will be for 20 years, payable every five years in advance for an amount due now of $250. FISCAL IMPACT: Yearly income of $50 to the City. The Right -of -Way Department recommended the approval of this street use license to Lubbock Tower Company. The next items considered were Item 19-20. (18.) Resolution No. 2004-RO414 accepting paving improvements constructed by Hub City Pavers, Inc. in Ruby Tequila's Unit No. 1 Addition (Street/Drainage Engineering). RESOLUTION NO. 2004-RO414 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Ruby Tequila's Unit No. 1 Addition, made arrangements with Hub City Pavers Construction Company, Inc., for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: The North half of 87th Street from the alley West of Avenue "X" to the East lip line of University Avenue, known and designated as New Subdivision Sub -Unit Number 09 of Unit Number 2045. 132 Regular City Council Meeting August 26, 2004 WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues 13E and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council and to direct refund of the cash bond placed by the Developer in the amount of $1,200.00 to the Contractor. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 26th day of August, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney This item was moved from consent agenda to regular agenda and was considered following Item 13. This is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: The north half of 87`h Street from the alley west of Avenue X to University Avenue. FISCAL IMPACT: The City's share of the cost in the amount of $1,200 will be due the contractor upon this acceptance. The City's cost will be paid from an existing capital project "New Subdivision and Assessment Paving". This capital project is funded on an annual basis to provide funding for the City to pay for paving quantities that exceed the developers' paving requirements when platting new subdivisions. Street/Drainage Engineering staff recommended approval of this resolution and acceptance of these paving improvements. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Boren to pass Resolution No. 2004-R0414 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Gilbreath recused himself. 133 Regular City Council Meeting August 26, 2004 The next item considered was Item 21. Items 19-20 were considered following Item 17. (19.) Resolution No. 2004-R00403 providing for a partial paving release of certain properties abutting portions of Frankford Avenue from 82nd Street to 981h Street in the City of Lubbock, Texas (Street/Drainage Engineering). PARTIAL PAVING RELEASE RESOLUTION NO.2004-RO403 THE STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, Resolution No. 2001-RO393 passed by the City Council on October 11, 2001, determined the necessity for making certain street improvements as therein designated, which Resolution was filed as a matter of record in Volume 7705, Page 204 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: I. THAT the following described properties in Unit Number 2386-005, are hereby released and quitclaimed because no assessments were made against such properties after as a result of existing curb and gutter and prepaid paving to wit: Preston Hills, Tract "A" Preston Hills, Lot 250 Preston Hills, Lot 249 Preston Hills, Lot 218 Preston Hills, Lot 217 Preston Hills, Lot 189 Preston Hills, Lot 188 Preston Hills, Lot 114 Preston Hills, Lot 113 Preston Hills, Lot 56 Preston Hills, Lot 1 The Chaparral, Lot 193 The Chaparral, Lot 136 The Chaparral, Lot 135 The Chaparral, Lot 82 The Chaparral, Lot 81 The Chaparral, Lot 28 The Chaparral, Lot 27 The Meadows, Lot 1068 The Meadows, Lot 1069 The Meadows, Lot 1134 The Meadows, Lot 1135 The Meadows, Lot 1200 The Meadows, Lot 1201 The Meadows, Lot 1265 The Meadows, Lot 1266 The Meadows, Lot 1327 Hunters Glen, Lot 38 Hunters Glen, Lot 39 Hunters Glen, Lot 118 134 Regular City Council Meeting August 26, 2004 Hunters Glen, Lot 119 Hunters Glen, Lot 200 Hunters Glen, Lot 201 Sheldon Addition, Lot 1, Block 1 Regal Park, Lot 110 Regal Park, Lot 122 Regal Park, Lot 1 Regal Park, Lot 13 Regal Park, Lot 14 Regal Park, Lot 30 Regal Park, Lot 31 Regal Park, Lot 260 Regal Park, Lot 295 Regal Park, Lot 296 Regal Park, Lot 331 Regal Park, Lot 332 Regal Park, Lot 375 Regal Park, Lot 259 Regal Park, Lot 218 Regal Park, Lot 217 Regal Park, Lot 176 Regal Park, Lot 175 Regal Park, Lot 134 Regal Park, Lot 133 Day Estates, Lot 1 Day Estates, Lot 19 Day Estates, Lot 20 Day Estates, Lot 43 Day Estates, Lot 44 Day Estates, Lot 61 Day Estates, Lot 81 Day Estates, Lot 82 Il. THAT the following described properties in Unit Number 2386-005, Frankford Avenue from 82°d Street to 98`h Street are hereby released and quitclaimed because no assessments were made against such properties after a public hearing thereon as a result of an independent appraisal showing no property enhancement to wit: The following metes and bounds described property: Beginning at the Southeast corner of this tract which bears North 89 degrees 57 minutes 15 seconds East a distance of 205.00 feet and North 00 degrees 02 minutes 45 seconds West a distance of 65.00 feet from the Southwest corner of Section 26, Block E-2, Lubbock County, Texas, same point lying in the north line of 98th Street; Thence Sout1189 degrees 57 minutes 15 seconds West along the north line of 98th Street a distance of 120.01 feet to a point of curvature; Thence northwesterly around a curve to the left, said curve having a radius of 30.00 feet, a central angle of 89 degrees 58 minutes 46 seconds, a chord distance of 42.42 feet, tangent lengths of 29.29 feet and an arc length of 47.11 feet to a point of tangency; Thence North 00 degrees 01 minutes 31 seconds West, parallel to the west line of Section 26, a distance of 372.47 feet to the northwest corner of this tract; 135 Regular City Council Meeting August 26, 2004 Thence East along the South line of the alley south of 96th Street a distance of 150.00 feet to the northeast corner of this tract; Thence South 00 degrees 01 minutes 31 seconds East, parallel to the west line of Section 26 a distance of 402.56 feet to the POINT OF BEGINNING. 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. Passed by the City Council this 26th day of August, 2004. /S/ MARC'vICDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Marc McDougal, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as its MAYOR, for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of August, Is/ Celia Webb Notary Public in and for the State of Texas My Commission Expires: 03 -01-2006 This resolution serves to release properties from any paving assessments that are abutting a certain paving improvement program. The paving improvements are as follows: Frankford Avenue from 82°a Street to 98th Street. This release will remove any apparent cloud, lien or assessment that may be against the listed properties related to this assessment -paving project. 136 Regular City Council Meeting August 26, 2004 The residential properties are being released from assessments on this project because of existing curb and gutter and prepaid paving. This resolution will be filed in the Real Property Records of Lubbock County. FISCAL IMPACT: There is no fiscal impact associated with this release. Street/Drainage Engineering staff recommended approval of this resolution. (20.) Resolution No. 2004-RO404 correcting a street name by changing the 4800 and 4900 blocks of Homestead Avenue to the 5900 block of 50'h Street (Streets/Drainage Engineering). RESOLUTION NO. 2004-RO404 WHEREAS, the owners and tenants abutting the 4800 and 4900 blocks of Homestead Avenue have requested that the City change the name of Homestead Avenue to 50'h Street, which request is attached hereto as Exhibit A; and WHEREAS, whereas such change has been requested because 501h Street merges into Homestead Avenue, which causes confusion to citizens, visitors and customers trying to locate businesses on Homestead Avenue, especially in view of the recent street closures due to the construction of Marsha Sharp Freeway; and WHEREAS, Section 24-38(f) of the Code of Ordinances allows the changing of street names to correct errors or omissions or to make necessary changes to bring street names into compliance with the current method of street naming; and WHEREAS, the City Engineer and the City Traffic Engineer have reviewed this request and have determined that it is an acceptable request to correct a name that creates a confusing situation for Lubbock citizens; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT, pursuant to Section 24-38(f) of the Code of Ordinances, the 4800 and 4900 blocks of Homestead Avenue are hereby changed to be the 5900 block of 501h Street in order to eliminate confusion and to help citizens, visitors and customers to find addresses at that location. SECTION 2. THAT the City Engineer is hereby directed to change the official City Map to reflect this change and to notify all interested parties of such change. The City Traffic Engineer is hereby directed to make changes to street name markers and other signs as needed. Passed by the City Council this 26th day of August, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry Hertel, City Engineer 137 Regular City Council Meeting August 26, 2004 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel The City Engineer received a request to change the name of the 4800 and 4900 blocks of Homestead Avenue to the 5900 block of 501h Street. This was a formal, written request signed by all the owners and persons leasing properties with the Homestead Avenue addresses. In their request, they indicated a problem that has existed for years in their customers' ability to locate their offices and businesses with the Homestead Avenue address. These two blocks of Homestead Avenue are the only Homestead Avenue named streets within 2-% miles north and one mile south. Their request indicated persons trying to locate their property have had even more difficulty in the last few months due to the Marsha Sharp Freeway/Loop 289 construction and related street closures in the area. The requesters felt there would be less difficulty in locating their site with a 501h Street rather than a Homestead Avenue address. At this location 501h Street extends westward from Frankford Avenue, and terminates with a right angle turn into Homestead Avenue. Homestead Avenue then terminates at the Brownfield Highway intersection. Their request is to extend the 50`h Street name past the corner up to the street intersection with Brownfield Highway. The City Engineer and Traffic Engineer have reviewed this request, and it appears this street name change is an acceptable alternative to the current Homestead Avenue name. FISCAL IMPACT: Two street name markers will have to be replaced at an estimated cost of approximately $100 each. The Traffic Engineer has agreed to absorb this cost in his normal operating budget for street name marker replacements. Street/Drainage Engineering staff supports approval of this street name change. The next item considered was Item 22. (21.) Resolution No. 2004-R authorizing the Mayor to sign Change Order No. 1 with Fugro South, Inc., for engineering services related to evaluation of utility trench backfill standards and issues (StreetvDrainage Engineering). This item was moved from consent agenda to regular agenda and was considered following Item 18. This item was denied. On August 6, 2003, the City Council approved an agreement for engineering services with Fugro South, Inc. to perform an evaluation and submit recommendations on standards and practices for trench backfill and paving repairs in the public right-of-way. Representatives from Fugro South, Inc. presented their findings and recommendations to the City Council during work session at the July 24, 2004 City Council meeting. Fugro has requested a change order to increase the amount of their contract from $70,500 to $77,000. The primary basis for their request is due to additional time and travel costs exceeding the amount they had originally estimated in their proposed scope of work. 138 Regular City Council Meeting August 26, 2004 In their letter of request for the change order (included in backup materials), they stated that additional trips were required due to problems with meetings scheduled with stakeholders. This statement is true, in that several scheduled interviews had to be rescheduled due to conflicts with those individuals. Also, one trip made by the Fugro personnel to evaluate problems experienced in unpaved alleys had to be rescheduled, requiring an additional trip, due to heavy rainfall and muddy conditions. The agreement states compensation shall not exceed $70,500 without Owner's approval. Fugro requests the City increase this contract amount to $77,000 due to their additional expenses incurred that were due to circumstances out of their control. FISCAL IMPACT: Originally, the City Council had approved a budget of $75,000 for this engineering evaluation. By approving this Change Order, an additional $2,000 will have to be transferred into this capital project. This $2,000 could be transferred, by Budget Change Request, from an existing capital project in the Street Capital Projects Fund. Street/Drainage Engineering staff recommended approval of this change order. The additional $2,000 needed is recommended to be transferred from the Street Capital Project — State/Federal Match, which has a current balance of approximately $50,000. Council Member DeLeon asked why this should be paid, when Fugro South, Inc. should have coordinated with the City by phone or whatever means to set up the meetings to move forward. She stated she didn't want to set a precedent for others to do the same thing. Council Member Boren stated he agreed with Council Member DeLeon. He also stated that they proposed this amount and should abide by this. Council Member Gilbreath stated Fugro made a business decision going in and agreed with Council Member DeLeon. Council Member Price stated once Fugro entered into a contract, they should be held to the contract. Larry Hertel, City Engineer, stated Council didn't have to pay this. Fugro felt they did work above and beyond the scope of the work. However, they realize they have a contract and they are willing to abide by the contract. Motion was made by Council Member DeLeon, seconded by Council Member Boren to deny this item. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 23. (22.) Resolution No. 2004-R0405 authorizing the Mayor to execute an agreement with the Department of Justice for a Local Law Enforcement Block Grant and to authorize the expenditure of one -ninth matching funds upon the awarding of this grant, to be used to enhance technology within the Police Department (Police). RESOLUTION NO. 2004-R0405 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with the United States Department of Justice, and any associated documents, for a grant in the amount of $96,133 to fund new technology for the Lubbock Police Department Public Safety Computer System, and that the Council hereby agrees, in accordance with the requirements of such grant agreement, to a cash match of $10,681, which is one -ninth of such grant amount. 139 Regular City Council Meeting August 26, 2004 Passed by the City Council this 26th day of August, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Asst. City Attorney This item was considered following Item 20. The Omnibus Fiscal Year 1999 Appropriations Act authorizes the Bureau of Justice Assistance Director to make funds available to local units of government under the Local Law Enforcement Block Grant program for the purposes of reducing crime and improving public safety. The Police Department requests that the City Council authorize the Mayor to execute this agreement with the Department of Justice. The Police Department requests this grant to purchase new technologies to enhance the department's Public Safety Computer System. FISCAL IMPACT: The Local Law Enforcement Block Grant requires one -ninth matching funds from the City, to be obligated and expended during the Federal project period. This Local Law Enforcement Block Grant is in the amount of $96,133. The City's match will be $10,681. The grant match funding is available in the 2003-2004 Police Budget. The Police Department strongly recommended approval of this resolution. The next items considered were Items 24-25. (23.) Resolution No. 2004-RO415 amending Resolution No. 2002-110472, as amended by Resolution 2003-RO338, concerning payment of supplemental pay to employees who are called to active military duty, to extend for an additional one-year period to end September 30, 2005 (Human Resources). RESOLUTION NO.2004-RO415 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, AMENDING RESOLUTION 2002-RO472 AS AMENDED BY RESOLUTION 2003-R0338, ADOPTED AUGUST 28, 2003, AND FURTHER AMENDED BY RESOLUTION 2004-R0415, ADOPTED AUGUST 26, 2004, DIRECTING THE CITY MANAGER TO GRANT MILITARY LEAVE AND TO PAY SUPPLEMENTAL PAY IN AN AMOUNT NECESSARY TO ENSURE NO LOSS IN WAGES BETWEEN MILITARY PAY AND EMPLOYEE'S GROSS WAGES LESS CAR ALLOWANCE AND EXPENSE ALLOWANCE TO ALL FULL-TIME EMPLOYEES WHO ARE CALLED TO ACTIVE DUTY TO SERVE OUR COUNTRY AND AUTHORIZING THE USE OF ACCRUED LEAVE BALANCES AFTER ALL MILITARY LEAVE IS USED. WHEREAS, the City of Lubbock wishes to express its appreciation of the service and dedication of employees called to serve our country and; 140 Regular City Council Meeting August 26, 2004 WHEREAS, the City of Lubbock deems it appropriate and in the best interest of the City to grant paid military leave in an amount necessary to ensure no loss in wages between military pay and gross wages less car allowance and expense allowance for all full-time employees who are called to active duty in the U.S. Armed Forces or State National Guard and; WHEREAS, the City of Lubbock deems it appropriate to allow the use of accrued paid leave balances including vacation, holiday, and compensatory leave to supplement the difference between military pay and gross wages less car allowance and expense allowance once all military leave is utilized and; WHEREAS, the City of Lubbock deems it appropriate, in the public interest, and in the best interest of the City to grant "Supplemental Pay" to all full-time employees called to active duty in an amount necessary to ensure no loss in wages between military pay and the employee's gross wages less car allowance and expense allowance after the date the full-time employee exhausts all vacation, holiday and compensatory time as hereafter provided and; WHEREAS, the City Council of the City of Lubbock adopted Resolution 2002- R0472 on October 24, 2002, as amended by 2003-RO338 on August 28, 2003, and further amended by Resolution 2004-RO415 on August 26, 2004, authorizing and directing the city manager to grant military leave and to pay supplemental pay in an amount necessary to ensure no loss in wages between military pay and employee's gross wages less car allowance and expense allowance to all full-time employees who are called to active duty to serve our country and authorizing the use of accrued leave balances after all military leave is used and; WHEREAS, Resolution 2003-RO338 expires on September 30, 2004 and; WHEREAS, the City Council of the City of Lubbock deems it appropriate and in the best interest of the City to amend Resolution 2002-RO472 as amended by Resolution 003-R0338, so as to extend the expiration date to September 30, 2005. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. Resolution 2002-RO472 as amended by Resolution 03-RO338 adopted on August 28, 2003, and Resolution 2004-RO415 adopted on August 26, 2004, is hereby further amended so as to expire on September 30, 2006, and is further hereby amended to read as follows. SECTION 2. That the City of Lubbock hereby directs the City Manager to grant paid military leave in an amount necessary to ensure no loss in wages between military pay and gross wages less car allowance and expense allowance to all full-time employees who are called to active duty to serve our country. SECTION 3. That the City of Lubbock hereby authorizes the use of accrued leave balances, including vacation, holiday and compensatory time, to supplement military pay once all military leave is utilized. SECTION 4. That the City of Lubbock further hereby directs the City Manager to grant Supplemental Pay without accrual of vacation or sick leave to all full-time employees called to active duty, in an amount necessary to ensure no loss in wages between military pay and the employee's gross wages less car allowance and expense allowance from the: date the full-time employee exhausts all vacation, holiday, and compensatory time as provided in Section 3 hereof. Supplemental Pay for full-time employees who are called to active duty to serve our country shall be reviewed, on an annual basis, during the City's budget process The Supplemental pay provided for in this Resolution shall expire on September 30, 2006. 141 Regular City Council Meeting August 26, 2004 SECTION 5. Notwithstanding the foregoing, no employee or officer of the City will be paid a sum in excess of $25,000 per annum, in the event they are called to active duty in the United States Armed Forces or the State National Guard. SECTION 6. That the City of Lubbock hereby authorizes this resolution to take effect immediately for and after its passage. Passed by the City Council this 26th day of August, 2004. /S/ �LARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Scott Snider Scott Snider, Interim Director of Human Resources APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney This item was moved from consent agenda to regular agenda and was considered following Item 21. Resolution No. 2002-RO472 was passed by the City Council on October 24, 2002. This resolution authorizes paying full-time employees who are called to active military duty an amount necessary to ensure no loss in wages between military pay and the employee's gross wages. Gross wages are less car allowance, expense allowance, and the use of accrued leave balances after all military leave is used. Resolution 2002-RO472 was extended by Resolution 2003-RO338 on August 28, 2003 to September 30, 2004. Seven employees have received supplemental pay. The fiscal impact from 2002 to July 2004 is approximately $82,471. Currently three employees are on active duty and one other employee has been called to report in October. Two of the four employees will not be receiving supplemental pay because their military salary is greater than their City salary. FISCAL IMPACT: Actual impact is unknown - approximately $22,000 for the current participant. Salary confirmation has not been received for the employee reporting in October 2004. Staff recommended continuation of this policy. Under the Texas Constitution, the Council must determine that amending this Resolution is a public purpose. Scott Snider, Director of Human Resources, stated that seven employees have been provided supplemental pay. Some are now serving on a second tour. Mr. Snider stated Lubbock was one of the first cities in the State of Texas to do this, and others are following our lead. 142 Regular City Council Meeting August 26, 2004 Motion was made by Council Member Boren, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO415 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor Pro Tem Martin was away from the dais. The next item considered was Item 26. Items 24-25 were considered following Item 22. (24.) Resolution No. 2004-RO406 authorizing the Mayor to execute Contract Change No. 05 to a contract with the Texas Department of Health (TDH Document No. 7560005906 2005) for OPHP-Local Public. Health System improvements, and any associated documents, by and between the City of Lubbock and the Texas Department of Health (Health Department). RESOLUTION NO.2004-RO406 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract Change No. 05 to a Contract with the Texas Department of Health (TDH Document No. 7560005906 2005) for OPHP- Local Public Health System improvements and any associated documents by and between the City of Lubbock and the Texas Department of Health, a copy of which Contract Change No. 05 and associated documents are attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and tie a part hereof as if fully copied herein in detail. Passed by the City Council this 26th day of August, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Contract Change No. 05 is filed with Resolution No. 2004-R0406. Of ice of Public Health Practice (OPHP)/Local Public Health System (LPHS) (attachment 05). $188,554 total. No change from last year. Contract period begins 09/01 /04 and ends 08/31 /05. Contract change 05 amends the initial FY05 contract approved by Council on January 8, 2004 and further amended on August 16, 2004. This FY05 annual contract with the Department of State Health Services (formerly Texas Department of Health), DSHS Document No. 7560005906 2005, provides financial assistance to improve or strengthen local public health infrastructure by developing objectives to address public health issues and utilize resources provided through this contract to conduct activities and services that provide or support the delivery of essential public health services. Programs will also assess, monitor, and evaluate the essential public health services, and develop strategies to improve the delivery of 143 Regular City Council Meeting August 26, 2004 essential public health services to identified service areas. Attachment 05 being considered for approval totals $118,554. This attachment supports comprehensive public health services that are consistent with the Health Department Mission Statement. This attachment supports developing a functional and effective public health system with the specific goal of improving public health capacity to respond to both emerging and continuing public health threats. Grant objectives include Sexually Transmitted Disease treatment and education, working with child-care agencies and schools on proper hand washing procedures, cancer awareness education, and blood pressure screenings. The Sexually Transmitted Disease Program is designed to stop the spread of disease by tracking down the partners of those diagnosed with sexually transmitted diseases and either treating them or referring them to another clinic or physician. The $118,554 in financial assistance provides salaries and fringe benefits for four City employees. Of the four employees, two work in the STD program (currently one vacancy), one works in the laboratory, one in Health Education. FISCAL IMPACT Office of Public Health Practice OPHP Chan e 05/Attachment 05). $118,554 total. No change from last year. Total salary and benefits for the 4 positions totals $172,961 resulting in a general fund contribution to grants amount of $54,406 when all positions are filled. One position is currently vacant and, if frozen, results in a general fund contribution to grants of $9,978. Total Contract (attachment 05) Value: $118,554 These programs fulfill the Core Missions of Public Health —those of Laboratory, Prevention, and Health Education. Without the funding from the Department of State Health Services contract, our local public health efforts would be greatly impaired and the risk of illness in Lubbock citizens would increase. Therefore, Health Department staff recommended approval of this resolution. (25.) Resolution No. 2004-RO407 authorizing the Mayor to execute Contract Change No. 08 to a contract with the Texas Department of Health (TDH Document No. 7560005906 2004) for OPHP-Bioterrorism Preparedness improvements, and any associated documents, by and between the City of Lubbock and the Texas Department of Health (Health Department). RESOLUTION NO.2004-RO407 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract Change No. 05 to a Contract with the Texas Department of Health (TDH Document No. 7560005906 2004) for OPHP-Bioterrorism Preparedness improvements and any associated documents by and between the City of Lubbock and the Texas Department of Health, a copy of which Contract Change No. 08 and associated documents are attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 26th day of August, 2004. /S/ MARC MCDOU, AL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza 144 Regular City Council. Meeting August 26, 2004 Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Contract Change No. 08 is filed with Resolution No. 2004-R0407. This Texas Department of Health (TDH) contract change does not represent additional funding, but is a time extension for existing funding. The original contract was approved on July 24, 2003 and amended August 16, 2004. The term of this contract attachment covers September 1, 2003 thru August 31, 2005. Currently the TDH Office of Public Health Practice (OPHP) has two grants available for bioterrorism response. One grant is specific for Laboratory Bioterrorism Response, one for general City/County Bioterrorism Response. The City of Lubbock Health Department receives funding from both of these grants. The '04 Laboratory Bioterrorism Response grant is for $993,655. Of this, $818,000 is allocated for the BSL3 laboratory renovation project. It has been determined that staff will be able to spend down $673,000 of the $818,000 allocation for the BSL3 laboratory by August 31, 2004 and that staff would need to roll over $145,000 ($673,000+$145,000 = $818,000) for completion of the project. This amendment does not represent additional funding, but is a time extension for existing funding and reallocation of this funding to the City/County Bioterrorism Response grant. The $145,000 rollover is being added to the FY04 City/County Bioterrorism Response grant, increasing the current approved level of $400,890 for a new total of $545,890. Under this contract the Lubbock Health Department is required to expend the original $400,890 by 08/31/04 and all purchases applied to this original grant amount must be made by this date. The Lubbock Health Department will ensure that the rollover funds in the amount of $145,000 are reserved and expended solely for the renovations as approved by the Texas Department of Health. For the period 9/l/04 through 8/31/05, the Lubbock Health Department shall notify the Texas Department of Health, in writing, of completion of renovations. All renovations shall support the development of the capability and capacity to conduct rapid and accurate diagnostic and reference testing for select biologic agents likely to be used in a terrorist attack in accordance with the objectives of Focus Area C Laboratory Capacity — Biologics Agent. The BSL3 lab construction phase is projected to be completed October 2004. Starting with the '05 grant cycle, TDH OPHP is doing away with the specific grant for Lab Bioterrorism Response. Funds allocated to the lab bioterrorism grants are being put into the City/County Bioterrorism Response grants (lab bioterrorism response funding is still available, but not as a separate grant). Bioterrorism Preparedness is one of the essential public health services that no other entity in Lubbock can provide. Essential public health services are population -based that are geared towards protecting the health of the public as a whole. Bioterrorism preparedness activities are public health efforts that are not health services for the needy or other select groups of people —they serve everyone and benefit the whole population. 145 Regular City Council Meeting August 26, 2004 Essential public health services, or the lack of it, have the potential to affect every single person in Lubbock and Texas. FISCAL IMPACT: This amendment does not represent additional grant funding, but is a time extension for existing funding. No additional City general funds are being requested. This program fulfills the Core Mission of Public Health as it relates to essential public health services targeting laboratory services, disease prevention and surveillance. Without the funding from the Texas Department of Health contract, local public health efforts will be greatly impaired and the risk of illness in Lubbock citizens will increase. Therefore, Health Department staff recommended approval of the resolution. The next items considered were Items 27-32. (26.) Resolution No. 2004-RO416 approving recommendations from the Lubbock Arts Alliance, Inc., for the first of two grant periods for 2004/2005 (Buddy Holly Center). RESOLUTION NO.2004=R0416 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 approves on behalf of the City of Lubbock the Lubbock Arts Alliance, Inc., to award all of the first period grants for 2005-06 recommended by the Lubbock Arts Alliance Grants Review Committee. The letter from the Lubbock Arts Alliance requesting approval of the first period grants is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 8th day of September, 2005. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: i / it .7.]Chavez / J/ 1 redd_. Chavez Freddy Chavez, Civic Center Director APPROVED AS TO FORM: /s/ Linda L. ChamaLes Linda L. Chamales, Senior Attorney Office Practice Section A copy of the letter is filed with Resolution No. 2005-R0416. This item was moved from consent agenda to regular agenda and was considered following Item 23. On February 19, 2004 the Lubbock City Council approved an agreement to pay the Lubbock Arts Alliance, Inc. $157,120. The agreement stipulates that the funds are to be used in making grant awards to cultural arts organizations for the encouragement, promotion, improvement, and application of the arts and the promotion of tourism in the Lubbock community. The funds represent 5.71429% of the hotel/motel tax collected during the fiscal year ended September 30, 2003. In reviewing requests and developing funding recommendations for each application, the Grants Review Committee follows guidelines that were approved as 146 Regular City Council Meeting August 26, 2004 part of the February 19, 2004 agreement. The Grants Review Committee, composed of appointments by City Council epreseand n submit atives o their the Lubbock Arts Alliance, evaluate applications recommendations to the City Council for approval. The Lubbock City Council is now asked to approve $70,704 in grant awards for the second grant period for 2004/2005. Eighteen applications were received on the June 1, 2004 deadline and seventeen are recommended for full or partial Lubbock funding. A listing Arts Alliance therecommendations Grants Review and panel comments from t Committee were provided in council backup. FISCAL IMPACT: $70,704 from the Hotel/Motel tax. Lubbock Arts Alliance, Inc. recommended approval of the grants' award. Elizabeth Regner, Executive Director, Lubbock Arts Alliance, Inc. gave comments. Motion was made by Council Member Jones, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO416 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor Pro Tern Martin was away from the dais. The next item considered was Item 33. Items 27-32 were considered following Item 25. (27.) Resolution No. 2004-RO408 revising the size of the Keep Lubbock Beautiful Advisory Committee (Community Development). RESOLUTION NO.2004-RO408 WHEREAS, on March 22, 1990, the City Council of the City of Lubbock passed Resolution No. 3334, authorizing the Keep Lubbock Beautiful Committee as an advisory board of the City; and WHEREAS, on October 23, 1997, the City Council amended the above -described resolution; and WHEREAS, on November 15, 2001, the City Council passed Resolution No. 2001-R0488, which amended the above described resolutions in the entirety; and WHEREAS, the City Council desires to amend Resolution No. 2001-RO488 in changing the number of members of the Keep Lubbock Beautiful Committee; and WHEREAS; the City Council finds that amending the number of committee members would better enable the Keep Lubbock Beautiful Committee to fulfill its mission to enhance beautification within the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Keep Lubbock Beautiful Advisory Committee shall be composed of eleven (11) members appointed by the City Council. All appointments shall be for two (2) year terms. Passed by the City Council this 26th day of August, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 147 Regular City Council Meeting August 26, 2004 /s/ Nanc lane Nancy Haney, Community Development Director APPROVED AS TO FORM: /s/ Amy L. Sims by John M. Knight Amy L. Sims, Assistant City Attorney Keep Lubbock Beautiful serves as an advisory committee to the City Council. In its effort to move forward with its mission, they are requesting reducing the number of the Board from 15 to 11. Keep Lubbock Beautiful believes this change will assist them in their efforts to meet the challenges of accomplishing the goals of the City and the Board. FISCAL IMPACT: Not Applicable Staff recommended approval of this resolution. (28.) Resolution 2004-RO409 for a contract for Engineering Services for Southwest Pump Station and Distribution System Design (Public Works). RESOLUTION NO.2004-RO409 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 Master Agreement between Owner and Engineer for Professional Services, a Work Authorization Based upon Master Agreement between Owner and Engineer for Professional Services, and all work documents related thereto by and between the City of Lubbock, Texas and Lockwood, Andrews & Newman, Inc., a Texas corporation, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of August, 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 Water Utilities APPROVED AS TO FORM: /s/ D Mitchell Satterwhite D. Mitchell Satterwhite Assistant City Attorney A copy of the Master Agreement is filed with Resolution No. 2004-R0409. The City of Lubbock received Statements of Qualifications from four engineering firms earlier this year for engineering services to design a new pump station and distribution system located in southwest Lubbock. A selection review committee was established and it was recommended that Lockwood, Andrews & Newman in association with Enprotech-Hibbs, and Todd (EHT), be engaged to perform the engineering services. 148 Regular City Council Meeting August 26, 2004 The purpose of this project is to design improvements necessary to establish a third pressure zone in southwest Lubbock, design of a 14.0 million gallon a day pumping unit, design of a 5.0 million gallon a day pumping unit, design of a 5 million gallon ground storage reservoir, and design of the necessary distribution infrastructure to accommodate the pump station. The agreement establishes a three-part contract. Part I includes site selection, distribution route studies, model update and preliminary engineering design. Part II includes the final design and delivery of drawings and specifications necessary for bidding. Part III includes the construction and construction supervision phase. This contract includes a master agreement along with Part I contract services. Time for completion of Part I services is 165 consecutive calendar days. FISCAL IMPACT: The master agreement along with Part I services sets the cost not to exceed $228,600. A total amount of $6,340,000 was appropriated and $4,649,000 is available in project number 9397 (South Lubbock Water Extension) for this purpose. The Public Works Department recommended the acceptance of the contract agreement with Lockwood, Andrews and Newman teamed with Enprotech-Hibbs, and Todd. (29.) Resolution No. 2004-RO410 adopting a written definition and criteria for accurately determining the safety record of a bidder (Purchasing). RESOLUTION NO.2004-RO410 WHEREAS, the current process in which contractors are awarded bids to construct the City's Capital Improvement Projects (CIP) is public advertisement of the project by the City and subsequent award by the City Council of the City of Lubbock of the bid to the lowest responsible bidder; and WHEREAS, it would often be advantageous to the citizens of the City of Lubbock for the City Council of the City of Lubbock to consider, among other numerous factors now considered in determining responsibility of the bidder, the safety record of the bidders ; and WHEREAS, Texas Local Government Code §252.0435 expressly authorizes municipalities to take into account the safety record of the bidder in determining the responsibility of the bidders provided that: (1) the governing body has adopted a written definition and criteria for accurately determining the safety record of a bidder; (2) the governing body has given notice to prospective bidders in the bid specifications that the safety record of a bidder may be considered in determining the responsibility of the bidder; and (3) the determinations are not arbitrary and capricious; and WHEREAS, by considering the safety record of the bidders, the City of Lubbock contemplates attracting the most responsible, qualified and competent contractors and minimizing problems related to safety issues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock hereby adopts the written definition and criteria for accurately determining the safety record of a bidder to City of Lubbock's invitations to bid, as set forth below: 149 Regular City Council Meeting August 26, 2004 I. The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens, be it related or caused by environmental condition, mechanical condition or operation, supervision issues or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of Texas or other cities or states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or provision of goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. Passed by the City Council this 26th day of August, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Ki',man Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney 150 Regular City Council Meeting August 26, 2004 City staff has been looking for ways to streamline the process in which contractors are chosen to construct the City's Capital Improvement Projects (CIP). The current method, which has been the only one available to City's and most government agencies, was to publicly advertise the project and wait for the lowest bid to be submitted, which then the City was obligated to use unless mitigating circumstances proved otherwise. Although this system works fairly well, there are times when the City has had less than favorable results from the lowest bidder which usually would equate to delayed projects, change orders and the like. Texas Local Government Code §252.0435 expressly authorizes municipalities to take into account the safety record of the bidder in determining who is a responsible bidder provided that: (1) the governing body has adopted a written definition and criteria for accurately determining the safety record of a bidder; (2) the governing body has given notice to prospective bidders in the bid specifications that the safety record of a bidder may be considered in determining the responsibility of the bidder; and (3) the determinations are not arbitrary and capricious. With the ability to take into account the safety record of the bidder in determining who is a responsible bidder, the City should be able to attract the most qualified and competent contractors and should minimize the problems typically associated with having to select the lowest bidder. FISCAL IMPACT: None. Staff recommended approval of this resolution. (30.) Resolution No. 2004-R0411/RFP #108-04-RW - for Option 11C Telecom Equipment (Telecommunications). RESOLUTION NO.2004=R0411 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 RFP #108-04/RW for Option 11C Telecom Equipment, by and between the City of Lubbock and SBC of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of August, 2004. /S/ MARC MCDOUGJAL 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-RO411. 151 Regular City Council Meeting August 26, 2004 This project involves the purchase of an Option 11 C Phone Switch for the Fire Administration Building and is associated with the Telecommunications Infrastructure Five -Year Plan. The selection committee ranked the respondents to the RFP as follows: SBC Global Services, Inc. of Lubbock, Texas 90.25 NextiraOne LLC of Houston, Texas 83.75 Affiliated Telephone, Inc. of Plano, Texas 79.75 Source, Inc. of Dallas, Texas Non -Responsive Proposals were ranked using the following evaluation criteria: Quality of references received from business users of a like system and financial information provided by the Vendor (20%) System Functionality (50%) Overall costs of system (30%) Two respondents ranked over 80 in the evaluation. However SBC of Lubbock, Texas ranked the highest in all categories. The Fire Administration Building located at 1515 Ursuline currently has a Norstar Phone Switch. An Option 11 C switch will be installed to make this location more compatible with the other larger City facilities. The Fire Administration Building also serves as the backup Emergency Operations Center and an Option 11 C switch directly off the Meridian 81 C is preferable at this point. Ten local businesses were notified of this Request for Proposal. FISCAL IMPACT: A total of $65,000 was appropriated with $64,185 available in Project 9223 (Telephone Services Communications Equipment) for this purpose. The line item will be used to fund both the Option 11 C for the Fire Administration and the Option 11 C Mini for the Water Treatment Plant. A total of $21,000 was appropriated with $21,000 available in Project 90072 (IT Infrastructure Replacement Project) for the Water Reclamation Option 11 C Mini. Staff recommended bid award to SBC of Lubbock, Texas for $43,074.26. (31.) Resolution No. 2004-R0412/ITB #085-04-BM - for Methane Gas Wells (Public Works). RESOLUTION NO.2004-RO412 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract to install two methane gas wells, by and between the City of Lubbock and Peterson Drilling and Testing, Inc. of Amarillo, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of August, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 152 Regular City Council Meeting August 26, 2004 /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0412. This project involves the installation of two methane gas probe wells at Municipal Solid Waste Permit #69 Landfill located at 8425 North Avenue P. Methane gas is a byproduct of the decomposition of municipal solid waste. Methane gas is explosive between 5 and 15% by volume. Hence, the Texas Commission on Environmental Quality (TCEQ) requires all landfill owner/operators to construct probes to monitor for methane gas at their landfill permit boundary. All facilities are required to notify TCEQ when methane concentrations equal or exceed 5% in any probe. If methane is found within any probe at or above 5%, the site is required to develop a plan to mitigate methane migration. The landfill located at 8425 North Avenue P has been in existence since the early 1970s. Most of the cells for waste disposal at this site were constructed prior to the passage of the Resource Conservation Recovery Act (RCRA), which set standards for the construction of landfills. Consequently, most of the cells at this facility were constructed with soil liners. Soil liners allow methane to migrate, whereas liners constructed with high -density polyethylene, or other plastic materials as required by RCRA, are supposed to prevent the migration of methane if constructed properly. Staff at the landfill has detected methane at concentrations equal to or above 5% in gas monitoring probes since the early 1990s. Several attempts have been made to mitigate methane migration at the site starting with passive venting trenches to the current blower/flare system composed of approximately 175 wellheads that collect the methane under vacuum and burns it at the flare. The current gas collection system, along with an attentive staff, has mitigated the migration of methane under most conditions. However, occasional meteorological conditions result in methane concentrations that equal or exceed 5% in gas monitoring probes #1 and #2 located along the north side of the landfill. The locations of these probes make our points of compliance for methane migration approximately 30 to 45 feet from the edge of the cells. This short distance makes it very difficult to maintain TCEQ compliance. However, these probes are not located at the landfill permitted boundary. Thus, methane is being detected at our point of compliance. However, methane may not be migrating past the landfill permit boundary. Therefore, the City of Lubbock Solid Waste Department would like to locate these two probes to the actual municipal solid waste permit boundary. This permitted boundary is the middle of Keuka Avenue and will create an additional 50 to 75 feet of distance between the edge of the cells and the City's point of compliance. In addition, it will allow staff to determine if methane was truly migrating off site. Eighteen local contractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $30,000 was appropriated with $30,000 available in Project 5515 (Production) for this purpose. Staff recommended bid award to Peterson Drilling and Testing, Inc. of Amarillo, Texas for $30,000. (32.) Resolution No. 2004-R0413/RFP #109-04-RW - for Option 11C Mini Telecom Equipment (Telecommunications). 153 Regular City Council Meeting August 26, 2004 RESOLUTION NO.2004-RO413 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 RFP #109-04/RW for Option 11 C Mini Telecom Equipment, by and between the City of Lubbock and SBC of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of August, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John M. Knight John Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0413. This project involves the purchase of Option 11 C Mini Phone Switches for the Water Treatment and Water Reclamation Buildings and is associated with the Telecommunications Infrastructure Five -Year Plan. The selection committee ranked the respondents to the RFP as follows: SBC Global Services, Inc. of Lubbock, Texas 90.10 ExtiraOne LLC of Houston, Texas 84.50 Affiliated Telephone, Inc. of Plano, Texas 77.25 Proposals were ranked using the following evaluation criteria: Quality of references received from business users of a like system and financial information provided by the Vendor (20%) System Functionality (50%) Overall costs of system (30%) Two respondents ranked over 80 in the evaluation. However SBC of Lubbock, Texas ranked the highest in all categories. Option 11 C Mini Phone Switches improves compatibility with the existing infrastructure at the Municipal Square Building and other facilities. Ten local businesses were notified of this Request for Proposal. FISCAL IMPACT: A total of $65,000 was appropriated with $64,185 available in Project 9223 (Telephone Services Communications Equipment) for this purpose. The line item will be used to fund both the Option 11 C for the Fire Administration and the Option 11C Mini for the Water Treatment Plant. A total of $21,000 was appropriated with $21,000 available in Project 90072 (IT Infrastructure Replacement Project) for the Water Reclamation Option 11 C Mini. Staff recommended bid award to SBC of Lubbock, Texas for $30,215.75. 154 Regular City Council Meeting August 26, 2004 The next items considered were Items 12-13. ORDINANCES FOR PASSAGE Second Reading (33.) Ordinance No. 2003-00097 - ZONE CASE NO. 1193-D (4002 North I-27): Request of Shawn Fuller for D & S Mobile Home Center, Inc. for a zoning change from R-1 to IHC Specific Use and IHI Specific Use for manufactured home sales, storage, and remanufacturing on Block. 5, Edsall Acres Addition (second and final reading). ORDINANCE NO.2003-00097 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1193-D; A ZONING CHANGE FROM R-1 TO IHC SPECIFIC USE AND IHI SPECIFIC USE FOR MANUFACTURED HOME SALES, STORAGE, AND REMANUFACTURING ON BLOCK 5, EDSALL ACRES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This item was considered following Item 26. Staff comments from the Council hearing in August of 2003 were repeated below. As reported by memo to the Council several weeks ago, the case was approved as a first reading, with a delay of second reading for one year, to allow Mr. Fuller to prove up the required improvements. The following list of conditions was approved and is subject to review in this second reading. Staff had digital photos of the site during the hearing (if a Council member visits the Airport, a drive by the site just south of Regis on the east —northbound service road would be of benefit). ORDINANCE CONDITIONS: 1. Tied to the proposed site plan including the sales lot and refurbishment lot on the north half of the parcel, and the west third of the south lot as a sales lot. DONE 2. The east two-thirds of the south lot shall remain vacant until it is covered with crushed gravel or asphalt and a six foot screening fence is installed adjacent to Ash Avenue. Until that time, access to the parcel from Ash Avenue shall be permitted. UP FOR DISCUSSION 3. The drive and sales lot areas shall be covered with a #2 grade rock or crushed asphalt at a minimum rate of one cubic yard per sixty square yards of land area. DONE 4. The west twenty-five feet of both lots (adjacent to I-27), with the exception of the driveway, shall be landscaped and clearly delineated. Landscape (turf and bushes or trees) shall be watered regularly and maintained. UP FOR DISCUSSION 5. Only units needing refurbishment shall be allowed in the storage compound. No destroyed or burned out units will be stored. DONE 6. The six-foot screening fence of the refurbishment compound with a gate on Ash Avenue shall be properly maintained. DONE Back-up comments from the August 2003 first reading: The request is for Specific Use zoning in the Interstate Commercial and Interstate Industrial districts that will provide for a manufactured home sales lot and a storage area for units that require refurbishment. The zone case is the fourth in a series of cases that have been frustrating for Mr. Fuller, the staff, the Planning Commission and the City Council. The last zone case for the business was denied at the City Council level. Since that time, a vacate order was issued and Mr. Fuller engaged an attorney to represent his interests. This request is the result of a number of meetings 155 Regular City Council Meeting August 26, 2004 between Mr. Fuller, the City Legal Department, the Planning staff and the City Council. Mr. Fuller's representative presented a site plan and staff proposed a list of conditions for approval and recommendation to the City Council by the Commission. Several items had been accomplished prior to the date the last request was denied. • The screening fence of the refurbishment area (the IHI portion of the case) has been completed, including a gate on Ash Avenue. • A twenty-five foot landscape area delineated by a railroad tie barrier on the front of the north parcel. The area has been seeded and several small trees planted. The south portion of the landscape area had not been completed as of August 6. The proposed landscape on the front is about 3% of the parcel. IHC requests 10% adjacent to I-27. Since the lots are so deep and 10% would be an unusual total square footage area, staff is in agreement with the request of Mr. Fuller to have the only the twenty-five foot landscape area. Staff is adamant that the area needs to be tended in a better manner than in the past and watered regularly to increase the amount of turf. • A significant amount of rubbish and dead plant material was removed from the site. • Units in the refurbishment area that are burned out or unusable have been removed. The remaining units are lined up in an orderly fashion inside the compound. • The drive from the service road to the paved parking pad and the display area are crushed material versus asphalt or concrete as normally required by the Code. Because of the length of the drive, the staff is not uncomfortable recommending crushed material as a substitute for paving. Prior to the Council hearing the last time, with the expansion of the facility to the west one-third of the south lot, the area designated "sales lot" was to be covered with crushed asphalt or rock (#2 grade) at a rate of one cubic yard per sixty square yards of display area. As of August 6 (2003), the main lot is graveled, some of the area on the south lot does not appear to be fully graveled. A new drive has been bladed from Ash Avenue. When that portion of the lot goes into active use a screening fence will be required on Ash Avenue. The drive is acting as a back way into the facility. When customers miss the service road entrance, they are going east on Purdue then south on Ash Avenue to enter the lot. With the land to the east of Ash Avenue undeveloped at this time, staff is in agreement to allow the drive until the east two thirds of the lot are made an active part of the business. The Planning Commission discussed the previous failure by Mr. Fuller to complete the requirements outlined in the former zone cases. The Commission reiterated that the favorable recommendation of the case to the Council includes all of the items being up to par by the time the Council hears the case. The Planning Commission recommended approval of the request, subject to the following conditions: • Tied to the proposed site plan including the sales lot and refurbishment lot on the north half of the parcel, and the west third of the south lot as a sales lot. • The east two thirds of the south lot shall remain vacant until it is covered with crushed gravel or asphalt and a six-foot screening fence is installed adjacent to Ash Avenue. Until that time, access to the parcel from Ash Avenue shall be permitted. 156 Regular City Council Meeting August 26, 2004 • The drive and sales lot areas shall be covered with a #2 grade rock or crushed asphalt at a minimum rate of one cubic yard per sixty square yards of land area. • The west twenty-five feet of both lots (adjacent to I-27), with the exception of the driveway, shall be landscaped and clearly delineated. Landscape (turf and bushes or trees) shall be watered regularly and maintained). • Only units needing refurbishment shall be allowed in the storage compound. No destroyed or burned out units will be stored. • The six-foot screening fence of the refurbishment compound with a gate on Ash Avenue shall be properly maintained. FISCAL IMPACT: Not Applicable. Staff provided photos of the parcel to Council. Based on performance by Mr. Fuller, if he was in compliance with the conditions outlined by the Planning Commission, staff recommended approval of the request. If he was not, staff recommended denial of the request. Randy Henson, Senior Planner, gave comments. Council Member Gilbreath stated that he thought Mr. Fuller had made promises and broken many of them. He asked Mr. Henson the following question: "As the Senior Planner, would you say that he is or is not in compliance with all that he has been asked to do?" Mr. Henson stated: "I think that on all but No. 2, I would give him a `C minus` considering his history on this project. The evidence we found this week of that south lot being used for more than it is supposed to be is irrefutable. That one item, he's in default on today." Mr. Henson stated that approximately three to four times, Mr. Fuller has failed to meet the criteria on zone cases." Council Member Boren stated Mr. Fuller was in compliance with two-thirds of the requirements and he hates to put a business "out of business." He asked Mr. Henson if there have not been houses out of compliance for 10-15 years. Mr. Henson stated that a Mr. Bagwell's house had been an enforcement issue for years; however, it was not a zone issue. Council Member Boren asked Mr. Henson: "Do you believe it is time to deny this or is he in enough compliance to continue on as he is going?" Mr. Henson stated he was there the day before and that Mr. Fuller starts with items, but he does not continue with them. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Price to deny the second and final reading of Ordinance No. 2003-00097. Motion carried: 6 Yeas, 1 Nay. Council Member Boren voted Nay. The next items considered were Item 42-56. PUBLIC HEARINGS 11:28 A. M. Zoning (34.) Ordinance No. 2004-00098 - ZONE CASE NO. 2255-0 (5802 and 5806 641h Street): Hold a public hearing to consider request of Rodney Warren for a zoning change from GO & GO Specific Use to C-4 Specific Use for a drive-thru restaurant, on Lot 4, Spur 327 Business Park Addition first reading). 157 Regular City Council Meeting August 26, 2004 ORDINANCE NO. 2004-00098 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-0; 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, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 41. Mayor McDougal opened the public hearing at 11:28 a. m. Rodney Warren and Chris Wilson, both of Sonic and Don L. Harris, Harris Appraisal Company, Inc. appeared on behalf of Rodney Warren (Sonic). Cheryl Anderson, representing several neighbors, showed a video of Dennis Anderson, Keith Whitworth, Mr. and Mrs. David Sheppard, who spoke in opposition. Both sides addressed the issues of noise, trash, traffic, child endangerment and lower property values. Mayor McDougal closed the hearing at 12:37 p. in. The request would accommodate a drive-thru restaurant (Sonic). After the Planning Commission public hearings two months ago, at which there was no stated opposition, a number of residents east of Frankford gathered to express opposition at the City Council public hearing on June 29, 2004. After discussion, the City Council determined their desire to have the Planning Commission reconsider the request with benefit of the views of the adjacent residents. Staff processed, posted and advertised the case as a new request to avoid any procedural issues. Primarily the same citizens that spoke at the Planning Commission meeting appeared before the City Council during the first series of hearings. The same basic objections were stated by the neighbors. The Sonic management team has a presentation that attempts to dispel the objections. 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 all of his fast food competitors with inside service can locate in any commercial district. But, until or unless the Code is changed, drive-in restaurants will require C-4 zoning. It was noted in the hearing before the City Council, that Mr. Warren has not allowed many of the issues formerly associated with drive-in facilities to occur at Sonic. Adjacent land use: N — commercial S — commercial E — residential W — commercial As background information, when the area to the west of Frankford Avenue between 65th and the Spur was zoned C-4 to help create a heavy commercial area in southwest Lubbock, a strip along Frankford 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 development to the east. Two of the three GO parcels have been rezoned since that time — one as C-2 for a small strip center next to this parcel and one as C-4 limited to one use (used vehicle sales) further north. 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 and west of Frankford Avenue several years ago. The residential property owners adjacent to that site were vocal in their 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. 158 Regular City Council Meeting August 26, 2004 The request is submitted as C-4 with a Specific Use Permit to accommodate construction of a canopy structure 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 64th 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. A primary objection of the residents to the east of Frankford Avenue is that a drive-in restaurant will attract more, and often younger, patrons than many other types of commercial enterprises. In addition, the fear of the residents on 64th Street is that patrons will leave via the proposed curb return on Frankford Avenue and cut down 64`h Street to the east, causing increased traffic and speeding. Discussion among a number of staff indicates a lack of agreement with this premise. Traffic has increased dramatically on Frankford Avenue during the last few years, and will continue to increase as new development is completed to the south and on the Spur and Loop. The bulk of traffic issues for the neighborhood are from this general increase. A 24-hour count of vehicles (June 29, 2004) per day north of 66th Street on Frankford Avenue is 27,781. The most probable increase of traffic on 641h Street is drivers avoiding the light at 66th Street — turning east on 64th Street to get back to 66th Street at Elkhart Avenue (the closest N/S street to the east that allows access to 661h Street). The number of patrons that would brave five lanes of Frankford Avenue to get to 64th Street on the east side should be minimal. The residents have expressed an interest in closing 641h Street and Frankford Avenue. That discussion can occur with the City Council, but the cost of the reconstruction and the fact that the legitimate 64th Street traffic would be displaced to 63`d Street, as a bother to those residents, has not been fully discussed. Asking the applicant in this zone case to fund the improvement is not appropriate. Staff asked the Planning Commission to focus on the compatibility of the land use in this particular location. On a split vote, the Commission recommended the request to the City Council for approval. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. The approval is tied to the proposed site plan. Randy Henson, Senior Planner, gave comments. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Boren to deny this item. Motion failed: 2 Yeas, 5 Nays. Mayor McDougal and Council Members DeLeon, Gilbreath, Jones and Price voted Nay. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass on first reading Ordinance No. 2004-00098 as recommended by staff. Motion carried: 5 Yeas, 2 Nays. Mayor Pro Tern Martin and Council Member Boren voted Nay. At this time, Mayor McDougal stated that Shawn Fuller was present and had requested that Council reconsider Item 33. He stated it would take a motion, first and second, and a majority vote to reconsider. There was no motion. The next item considered was Item 57. Items 35-36 were the first items considered after reconvening at 10:32 A. M. and following Item 56. 159 Regular City Council Meeting August 26, 2004 (35.) Ordinance No. 2004-00092 - ZONE CASE NO. 3000-A (2201-2223 Main Street south side): Hold a public hearing to consider request of McDougal Construction for a zoning change from A-2 Specific Use to A-3 Specific Use for four-story condominiums with reduced setbacks and increased height on Lots 1-12, Block 71, Overton Addition first reading). ORDINANCE NO. 2004-00092 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3000-A; A ZONING CHANGE FROM A-2 SPECIFIC USE TO A-3 SPECIFIC USE FOR FOUR-STORY CONDOMINUMS ON LOTS 1-12, BLOCK 71, OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Martin opened the public hearing at 10:33 a. m. Delbert McDougal and David Miller appeared on behalf of McDougal Construction. No one appeared in opposition. Mayor Pro Tern Martin closed the hearing at 11:37 a. in. The proposal would replace the site plan of a request approved by the City Council several months ago. The presentation by the applicant amended the original three-story project with a four-story format, which allows access to Main Street and completely eliminates vehicular access to the site from the alley between Broadway Avenue and Main Street. Adjacent land uses: N — apartments S — commercial E — vacant W — vacant The request is consistent with the land use proposal contained in the Overton Park Public Improvements Site Design Guidelines, which illustrates the area along Main Street as "mixed use". The residential component is dominating redevelopment along Main Street. The request is also consistent with the "new urbanism" context related to zoning policy in the redevelopment area. The four-story loft construction will front Main Street with no construction immediately adjacent to the alley between Main Street and Broadway Avenue that caused concern for the commercial owners on Broadway Avenue. A solid screening fence is proposed on the north boundary along the alley. Traffic and access from the alley was a big issue with the adjacent commercial owners on Broadway Avenue during the last hearing. The site plan indicates a curb cut on the west end from Avenue W to access the parking lot, as well as a curb cut from Main Street. In addition, density was an issue during the last meeting. The proposed 32-unit project represents an approximate density of one unit per 1,984 square feet of lot. As a comparison, town home (row housing) minimum density is 1 /2,000 and garden home minimum density is 1 /2,800. The single-family district standard is a 5,000 square foot minimum lot. Fewer of the adjacent owners on Broadway Avenue spoke in opposition during this hearing, but traffic congestion and the appearance of the units from Broadway Avenue continue as a concern to several. The Planning and Zoning Commission recommended approval of the request with a condition: 1. Tied to site plan and building elevation # 3000A. FISCAL IMPACT: Not Applicable. 160 Regular City Council Meeting August 26, 2004 Staff supported the request. Please note that the Planning Commission recommended the case as A-3 Specific Use. The A-3 District is needed to accommodate the four-story construction. As Specific Use, it will be tied to the proposed site plan and building elevations. Motion was made by Council Member Boren, seconded by Council Member DeLeon to pass on first reading Ordinance No. 2004-00092 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. (36.) Ordnance No. 2004-00093 - ZONE CASE NO. 2603-A (2100 block Main Street, north side between Avenues T & U): Hold a public hearing to consider request of McDougal Construction for a zoning change from R-2 and GO to A-3 Specific Use for four-story condominiums with reduced setbacks and increased height on Lots 13-24, Block 40, Overton Addition first reading). ORDINANCE NO. 2004-00093 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2603-A; A ZONING CHANGE FROM R-2 AND GO TO A-3 SPECIFIC USE FOR FOUR-STORY CONDOMINUMS ON LOTS 13-24, BLOCK 40, OV ERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING :FOR PUBLICATION. Mayor Pro Tern Martin opened the public hearing at 10:38 a. m. David Miller appeared on behalf of McDougal Construction. No one appeared in opposition. Mayor Pro Tern Martin closed the hearing at 10:39 a. M. The proposal replicates the case discussed in Zone Case 3003A with the exception that it is the full block face and on the north side of Main Street. The presentation by the applicant amended the original three-story project with a four- story format. Adjacent land uses: N — targeted as single family S — vacant and residential E — vacant, proposed as residential W — vacant, proposed as town homes The request is consistent with the land use proposal contained in the Overton Park Public Improvements Site Design Guidelines, which illustrates the area along Main as "mixed use". The residential component is dominating redevelopment along Main Street. The request is also consistent with the "new urbanism" context related to zoning policy in the redevelopment area. The three-story loft construction will front Main Street, with no construction immediately adjacent to the alley between Main Street and 10`h Street. None of the units will access parking with backing movements onto the alley. The alley is proposed for access to the parking areas. The Planning Commission recommended approval of the request with a condition: 1. Tied to a site plan and building elevation # 2603A. _ FISCAL IMPACT: Not Applicable. Staff supported the request. The recommendation by the Planning Commission included the A-3 District to accommodate the four-story construction. As Specific Use it will be tied to the proposed site plan and building elevations. 161 Regular City Council Meeting August 26, 2004 Motion was made by Council Member Boren, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2004-00093 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. The next item considered was Item 40. Items 37, 38, 39 and 41 were considered following Item 40. (37.) Ordinance No. 2004-00094 - ZONE CASE NO. 1834-D (602 North Englewood Avenue): Hold a public hearing to consider request of Mark Dickson (for Indivisa Corp) for a zoning change from R-2 to A-1 on Lot 246, Western Estates Addition first reading). ORDINANCE NO. 2004-00094 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1834-D; A ZONING CHANGE FROM R-2 TO A-1 SPECIFIC USE FOR DUPLEX CONSTRUCTION ON LOT 246, WESTERN ESTATES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:27 a. m. No one appeared on behalf of Indivisa Corp. No one appeared in opposition. Mayor McDougal closed the hearing at 11:28 a. m. During several recent zone cases, one lot was left out of the conversion of the area to A-1. The subdivision is being developed as duplex units. Adjacent land uses: N — A-1 for duplex construction S — multifamily E — A-1 zoning W — A-1 zoning limited to duplex construction The request is consistent with both Comprehensive Land Use Plan and zoning policy. The request should not cause any impact on the thoroughfare system. Staff recommended the request with conditions: 1. Limited to duplex construction. 2. The front setback shall be a minimum of twenty feet and the side setback shall be a minimum of five feet on the Erskine side. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Boren, seconded by Mayor Pro Tern Martin to pass on first reading Ordinance No. 2004-00094 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (38.) Ordinance No. 2004-00095 - ZONE CASE NO. 2826-A (south of 85th Street and west of Avenue P): Hold a public hearing to consider request of Jon Cieszinski (for Carl Mortensen) for a zoning change from T, R-2 and C-4 to R-1 Specific Use for 20-foot front setbacks, five-foot front setbacks on cul-de-sac lots and 5-foot side setbacks on corner lots on 48 acres of unplatted land out of Sections 9, Block E first reading). ORDINANCE NO. 2004-00095 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2826-A; A ZONING CHANGE FROM T, R-2 AND C-4 TO R-1 SPECIFIC USE FOR REDUCED SETBACKS ON 48 ACRES OF 162 Regular City Council Meeting August 26, 2004 UNPLATTED LAND OUT OF SECTIONS 9, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:27 a. in. No one appeared on behalf of Carl Mortensen. No one appeared in opposition. Mayor McDougal closed the hearing at 11:28 a. m. The proposal would allow a residential subdivision to have the new "standard" for front and side setback. Adjacent land use: N -- vacant, zoned residential S — residential estates E —zoned M-1 and C-4 W — residential The proposal is consistent with the Comprehensive Land Use Plan and zoning policy. The project will have no more than the anticipated effect on the thoroughfare system. The Planning Commission recommended the request with the following conditions: 1. The front setback minimum for interior lots shall be twenty feet. 2. The front setback for cul-de-sac lots shall be a minimum of five feet, except that any garage shall have a twenty -foot setback. 3. The side setback on corner lots shall be a minimum of five feet. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Boren, seconded by Mayor Pro Tern Martin to pass on first reading Ordinance No. 2004-00095 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (39.) Ordinance No. 2004-00096 - ZONE CASE NO. 2995-A (west of Iola Avenue and north of 791h Street): Hold a public hearing to consider request of Burl W. Masters (for Bacon Crest Ltd.) for a zoning change from R-2 to R-2 Specific Use for 15-foot front setbacks and 5-foot side setbacks on corner lots on 6.0 acres of unplatted land out of Section 29 Block AK first reading). ORDINANCE NO. 2004-00096 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2995-A; A ZONING CHANGE FROM R-2 TO R-2 SPECIFIC USE FOR REDUCED SETBACKS ON 6.0 ACRES OF UNPLATTED LAND OUT OF SECTION 29, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:27 a. in. No one appeared on behalf of Bacon Crest Ltd. No one appeared in opposition. Mayor McDougal closed the hearing at 11:28 a. in. The request will rezone an existing strip of duplex lots, using a Specific use permit to allow for a 15-foot front setback and a five-foot setback on the corner lots. Adjacent land use: N — vacant, zoned residential S — zoned Garden office and commercial, partially vacant E — residential W — commercially zoned, vacant 163 Regular City Council Meeting August 26, 2004 The applicant is requesting a condition requiring access from the alley since a fifteen -foot front setback would not provide an adequate driveway. The proposal is consistent with the Comprehensive Land Use Plan and zoning policies. The project will not have a negative effect on the thoroughfare system. The Planning Commission recommended the request with the following conditions: 1. Front setback shall be a minimum of fifteen feet. 2. Side setback on corner lots shall be a minimum of five feet. 3. No curb cuts or driveways will be allowed in the front yards. -- 4. Access to the units shall be from the back of the lot on a paved alley. 5. The reduced setbacks shall not interfere with the 25-foot vision triangle at intersecting streets. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Boren, seconded by Mayor Pro Tem Martin to pass on first reading Ordinance No. 2004-00096 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 34. (40.) Ordinance No. 2004-0 - ZONE CASE NO. 2882-A (south of 82"d Street and east of Zadar Avenue): Hold a public hearing to consider appeal of denial by the Planning Commission for the request of Lamar Outdoor Advertising for a zoning change from IHC to M-1 Specific Use for a billboard company and a billboard on 2.796 acres out of Section 26, Block AK (first reading). This item was considered following Item 36. This item failed. Mayor Pro Tem. Martin opened the public hearing at 10:40 a. in. Shirley Schleuse, General ManagerNice President of the Lubbock Division of Lamar Outdoor Advertising appeared on behalf of Lamar Outdoor Advertising. Jerry Bell, Jim Bertram, Mary Vines and Steve Hester appeared in opposition. Mayor Pro Tern Martin closed the hearing at 11:08 a. m. The property in question is zoned Interstate Commercial. The request is submitted as M-1 Specific Use. M-1 (light industrial) is required for the proposed billboard. In addition, "sign shop" is a permitted use in M-1, as well as Interstate Industrial. The applicant is requesting to be tied to a site plan and building elevation. Adjacent land use: N — commercial S — commercial E — commercial W — commercial The request is not consistent with the amendment to the Comprehensive Land Use Plan as adopted for the ten square miles annexed in 1999. Adoption of the amended Plan subsequent to annexation of the area indicates commercial policy for the strips of land adjacent to 82°d Street east of Alcove, not industrial. To achieve that objective, and to follow a commitment made during the annexation, staff filed a zone case several years ago to zone the tier of lots adjacent to 82°d Street in this vicinity on both the north and south for Interstate Commercial. Further east, and to Wes,I Regular City Council Meeting August 26, 2004 the south of 82nd Street behind the IHC strip, the balance of a quarter section of property that was already built primarily as industrial was zoned Interstate Industrial, which also does not allow billboards. The difficulty for Lamar in this location is that their company policy requires that the office and shop location have a billboard on it — since the poster represents their product and livelihood. Staff understands that this company policy and zoning policy do not match. When the Interstate Districts were devised in the late 80s, the greatest single part of the discussion was the allowance or prohibition of billboards. The decision by the City Council at that time, and fortified by several Councils in the intervening years as discussion of billboards occurred, is that the community is better served with regard to safety (primarily) and aesthetics (secondarily) with the absence of billboards along our freeways and major arterials. As noted in previous discussions with this Commission, Lubbock has not taken the next step more than 100 communities have in Texas, and that is a total ban of new billboards. In Lubbock, billboards continue as a permitted use in the C-4 and industrial districts in Lubbock, subject to size and spacing requirements. Staff is first to admit that there are few remaining prime locations. Staff presented an option for the Commission if the decision would have been to accommodate the request of Lamar Outdoor to construct a "sign shop" commercial establishment without the billboard. Interstate Industrial zoning would allow the sign shop and office with screened storage in the back. The operation would not be inconsistent with many of the adjacent uses that were in place prior to annexation. The decision would be an amendment of the current Comprehensive Land Use Plan and a motion would need to contain a statement to that fact. Staff did not support the introduction of the proposed billboard. After some discussion, the Planning Commission voted to deny the request. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission Randy Henson, Senior Planner, gave comments and answered questions from the Council. Motion was made by Council Member Jones to uphold Planning & Zoning and approve the request. Motion died for lack of second. Mayor Pro Tern Martin stated that this was located in his district, and he would not vote for putting this billboard in his district. Council Member Price stated his district had billboards and he truly felt that if it is okay to put it in his district, we should be fair about what location billboards would go. Motion was made by Council Member Boren, seconded by Council Member Price to overturn Planning & Zoning. Motion failed: 4 Yeas, 2 Nays.. Mayor Pro Tem Martin and Council Member Jones voted Nay. Note: To overturn Planning & Zoning, six votes were needed. Mayor McDougal recused himself. The next items considered were Items 37, 38, 39 and 41. (41.) Ordinance No. 2004-00097 - ZONE CASE NO. 2913-B (north of 82°d Street and east of Avenue P): Hold a public hearing to consider request of Chris White for a zone change from R-2 to GO on Lot 89, Winniewood Addition first reading). 165 Regular City Council Meeting August 26, 2004 ORDINANCE NO. 2004-00097 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2913-13; A ZONING CHANGE FROM R-2 TO GO ZONING ON LOT 89, WINNIEWOOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:27 a. m. No one appeared on behalf of Chris White. No one appeared in opposition. Mayor McDougal closed the hearing at 11:28 a. m. The proposal would rezone one corner lot at Garden Office at 82°d Street and Avenue P. Adjacent land use: N — residential S — commercial E — duplex construction W - commercially zoned, vacant The request is consistent with the Comprehensive Land Use Plan, in that the corner of Avenue P and 82°d Street is eligible for commercial by policy. The original platting and the widening of 82°d Street caused the shallow lots to the east on the north side of 82nd Street. They were zoned as R-2 to buffer the residential to the north and to prevent strip commercial along 82nd Street. As GO, the zoning district is considered a buffer and should be compatible on the corner. As noted, the other three corners are zoned commercial. The proposal should not have any effect on the thoroughfare system. The Planning Commission recommended the request with a condition: 1. The parcel shall be limited to one curb return on 82°d Street and one curb return on Avenue P. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Boren, seconded by Mayor Pro Tem Martin to pass on first reading Ordinance No. 2004-00097 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 34. LAKE ALAN HENRY Items 42-56 were considered following Item 33. (42.) Resolution No. 2004-R -BID #116-04IRS—for Sam Wahl Recreation Area Comfort Station. This item was continued. This project involves the construction of the Sam Wahl Recreational Area Comfort Station at Lake Alan Henry. The comfort station will consist of restrooms with showers, a covered picnic shelter, and related fixtures. The project will provide clean, attractive, and sanitary restrooms for park users, while reducing the number of rented portable toilets. Eighty-one local contractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $2,554,938 was appropriated with $1,401,243 available in Project 9492 (Lake Alan Henry Recreation Area Improvements) for this purpose. 166 Regular City Council Meeting August 26, 2004 Staff recommended bid award to Pharr & Company of Lubbock, Texas for $688,517. Motion was made by Council Member Jones, seconded by Council Member Price to pass Item 42 as recommended by staff. Council Member Boren asked Council to delay voting positive on these bids. He stated a meeting was held August 20eh with several of the entities involved with the item and Council had until September 24th to make the decision to see if the others were willing to cooperate. Randy Truesdell, Director of Community Services, answered questions from Council. Mayor Pro Tern Martin stated that "We do have some people at Lake Alan Henry who have blatantly violated our ordinances and our restrictive easements, much like that zone case we just looked at, where you violate the zoning ordinance. I don't mind delaying this to the next Council meeting on the 161h to see if they are going to get into compliance. Because that's what they need. They need to pull that stuff out of there and get `right with the Lord' on this deal and then we can take a look at it on the 161h " Council Member Boren stated to City Attorney Burgess "For additional record, we have had many meetings where we have told them in a public setting, a public notice, they need to get in compliance, remove the cabana of the. house on Lot 45 off the lake, and in North Ridge, they need to remove the dock off the lake. So this should be served as public warning and notice to them to remove those two violations immediately, because we have a right to exercise our option when they don't." Motion was made by Council Member Gilbreath, seconded by Council Member Boren to continue this item until the September 16, 2004 City Council meeting. Motion carried: 7 Yeas, 0 Nays. (43.) Resolution No. 2004 — R - BID #117-04/RS—for Sam Wahl Recreation Area Comfort Station Utilities Package. This item was continued. This project involves the construction of a water intake pumping system and a septic system for the Sam Wahl Recreational Area Comfort Station at Lake Alan Henry. The water intake system will consist of a submerged pump unit that will transfer water from Lake Alan Henry to the comfort station. The septic system consists of holding tanks and a drain field meeting all Texas Commission on Environmental Quality requirements. Forty-five local contractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $2,554,938 was appropriated with $1,401,243 available in Project 9492 (Lake Alan Henry Recreation Area Improvements) for this purpose. Staff recommended bid award to L. Howard Construction of Abernathy, Texas for $343,368.38. Motion was made by Council Member Jones, seconded by Council Member Price to pass Item 43 as recommended by staff. Council Member Boren asked Council to delay voting positive on these bids. He stated a meeting was held August 20eh with several of the entities involved with the item and Council had until September 24`h to make the decision to see if they were willing to cooperate. Randy Truesdell, Director of Community Services, answered questions from Council. Mayor Pro Tern Martin that "We do have some people at Lake Alan Henry who have blatantly violated our ordinances and our restrictive 167 Regular City Council Meeting August 26, 2004 easements, much like that zone case we just looked at, where you violate the zoning ordinance. I don't mind delaying this to the next Council meeting on the 16ch to see if they are going to get into compliance. Because that's what they need. They need to pull that stuff out of there and get "right with the Lord" on this deal and then we can take a look at it on the 161n Council Member Boren stated to City Attorney Burgess "For additional record, we have had many meetings where we have told them in a public setting, a public notice, they need to get in compliance, remove the cabana of the house on Lot 45 off the lake, and in North Ridge, they need to remove the dock off the lake. So this should be served as public warning and notice to them to remove those two violations immediately. Because we have a right to exercise our option when they don't. Motion was made by Council Member Gilbreath, seconded by Council Member Boren to continue this item until the September 16, 2004 City Council meeting. Motion carried: 7 Yeas, 0 Nays. (44.) Resolution No. 2004-R - BID #04-127/RS—for Sam Wahl Recreation Area Comfort Station Packaged Water Treatment Plant. This bid is for the purchase of a packaged water treatment plant. The water treatment plant will treat surface water to drinking water standards and provide potable water for the showers, sinks, toilets, and drinking fountains for the Sam Wahl Recreational Area Comfort Station at Lake Alan Henry. The water treatment plant is a skid mounted packaged treatment plant that will be installed inside the maintenance room of the comfort station. The City will provide the water treatment plant and the comfort station contractor will install and test the plant. Four local contractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $2,554,938 was appropriated with $1,401,243 available in Project 9492 (Lake Alan Henry Recreation Area Improvements) for this purpose. Staff recommended bid award to U.S. Filter Wastewater Group, Inc. of Ames, Iowa for $68,085. Motion was made by Council Member Jones, seconded by Council Member Price to pass Item 44 as recommended by staff. Council Member Boren asked Council to delay voting positive on these bids. He stated a meeting was held August 201h with several of the entities involved with the item and Council had until September 241h to make the decision to see if the others were willing to cooperate. Randy Truesdell, Director of Community Services, answered questions from Council. Mayor Pro Tem Martin that "We do have some people at Lake Alan Henry who have blatantly violated our ordinances and our restrictive easements, much like that zone case we just looked at, where you violate the zoning ordinance. I don't mind delaying this to the next Council meeting on the 161h to see if they are going to get into compliance. Because that's what they need. They need to pull that stuff out of there and get "right with the Lord" on this deal and then we can take a look at it on the 16ch Council Member Boren stated to City Attorney Burgess "For additional record, we have had many meetings where we have told them in a public setting, a public notice, they need to get in compliance, remove the cabana of the house on Lot 45 off the lake, and in North Ridge, they need to remove the dock off the lake. So this should be served as public warning Regular City Council Meeting August 26, 2004 and notice to them to remove those two violations immediately. Because we have a right to exercise our option when they don't. Motion was made by Council Member Gilbreath, seconded by Council Member Boren to continue this item until the September 16, 2004 City Council meeting. Motion carried: 7 Yeas, 0 Nays. The next items considered were Items 46-56. (45.) Consider extension of the contract for law enforcement services with Garza County at Lake Alan Henry. This item was deleted. City Attorney Anita Burgess stated this item was not ready at this time. Items 46-56 were considered following Item 44. (46.) Resolution No. 2004-RO417 authorizing the Mayor to execute Amendment No. 1 with Hugo Reed & Associates, Inc. for additional engineering services related to paving improvements in the Overton Park Addition. RESOLUTION NO. 2004-RO417 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 Amendment No. 1 to the Contract between the City of Lubbock and Hugo Reed and Associates, Inc. for engineering services. Said Amendment No. 1 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 26th day of August, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of Amendment No. 1 is filed with Resolution No. 2004-R0417. On December 11, 2003, the City Council approved a contract with Hugo Reed & Associates, Inc. (HRA) for design services on paving and parkway amenity improvements in Overton Park. The original contract included portions of Glenna Goodacre Blvd, Avenue X and 6th Street. These paving improvements are associated with redevelopment activities within the North Overton Tax Increment Reinvestment Zone Fund (TIF). A new development is now being proposed on the north side of 61h Street between Avenue X and Avenue V requiring additional paving and amenity improvement design not included in the original HRA contract. 169 Regular City Council Meeting August 26, 2004 Amendment No. 1 to the HRA contract will include design services for 6" Street from Avenue X to Avenue V and for Avenue V from Marsha Sharp Freeway to Glenna Goodacre Blvd. This amendment to the design contract will also include pedestrian and street lighting design for both the original street contract and the street areas included with this amendment. The original contract with HRA was in the amount of $277,089. This amendment to the contract for additional engineering services is in the amount of $165,915. FISCAL IMPACT: Funding is available in the North Overton TIF for this amendment to the contract for engineering services. The Street/Drainage Engineering and Streets and Paving Departments recommended approval of this resolution. Larry Hertel, City Engineer, answered questions from Council. Motion was made by Council Member DeLeon, seconded by Council Member Price to pass Resolution No. 2004-R0417 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. (47.) Consider appointments to the Building Board of Appeals. Motion was made by Council Member Jones, seconded by Mayor Pro Tem Martin to reappoint Juan Mendoza and Bruce Thornton to the Building Board of Appeals. Motion carried: 7 Yeas, 0 Nays. (48.) Consider an appointment to Civic Lubbock, Inc. Motion was made by Council Member Jones, seconded by Mayor Pro Tem Martin to appoint Kay Sanford to Civic Lubbock, Inc. Motion carried: 7 Yeas, 0 Nays. (49.) Consider an appointment to the Entertainment Lubbock Task Force. Motion was made by Council Member Jones, seconded by Mayor Pro Tem Martin to appoint Don Haragan to the Entertainment Lubbock Task Force. Motion carried: 7 Yeas, 0 Nays. (50.) Consider appointments to the Lubbock Water Advisory Commission. Motion was made by Council Member Jones, seconded by Mayor Pro Tem Martin to reappoint John Abernathy, H. P. `Bo" Brown, Abel Castilo and James Conkwright to the Lubbock Water Advisory Commission. Motion carried: 7 Yeas, 0 Nays. (51.) Consider appointments to the MHMR Board of Trustees. Motion was made by Council Member Jones, seconded by Mayor Pro Tem Martin to reappoint Bobby Kazee, Harvey Morton and Brian Shannon to the MHMR Board of Trustees. Motion carried: 7 Yeas, 0 Nays. (52.) Consider appointments to the Permit & License Appeal Board. Motion was made by Council Member Jones, seconded by Mayor Pro Tem Martin to appoint Linda Ewing and Michael Liner to the Permit & License Appeal Board. Motion carried: 7 Yeas, 0 Nays. (53.) Consider an appointment to the Public Transit Advisory Board. Motion was made by Council Member Jones, seconded by Mayor Pro Tem Martin to appoint Bill Meador to the Public Transit Advisory Board. Motion carried: 7 Yeas, 0 Nays. (54.) Consider an appointment to the Urban Design/Historic Preservation Commission. 170 Regular City Council Meeting August 26, 2004 Motion was made by Council Member Jones, seconded by Mayor Pro Tem Martin to reappoint Daniel Sanchez and appoint Larry Harvey to the Urban Design/Historic Preservation Commission. Motion carried: 7 Yeas, 0 Nays. (55.) Consider one appointment to the Housing Finance Corporation Board of Directors. The Housing Finance Corporation is a legal entity, which accomplishes public purposes on behalf of the City of Lubbock, pursuant to the Texas Housing Finance Corporation Act. Terms on this Board are six -year terms. Harry Stokley, Jr. recently passed away. He was serving in an At -Large position. FISCAL IMPACT: Not Applicable. The recommendation of Cathy H. Allen came from the Lubbock Housing Finance Corporation. This Board vacancy did not go before the Appointments Advisory Board. Motion was made by Council Member Jones, seconded by Mayor Pro Tern Martin to appoint Cathy H. Allen to the Housing Finance Corporation Board of Directors. Motion carried: 7 Yeas, 0 Nays. WORK SESSION (56.) Presentation regarding street lighting on Canyon Lakes Drive east of Martin Luther King, Jr. Blvd. in the Dunbar Historical Lake area. The existing streetlights at Dunbar Historical Lake were installed when the lake was first developed in 1978. At that time, the road that loops the lake did not exist, and streetlights were installed only where the original roads were located. When the roads on the south and north sides of the lake were joined in 1980-81 by the construction of a road over the dam, streets lights were not installed for the newly constructed sections. LP&I. staff has indicated that approximately 10-12 additional streetlights would be needed if they were placed according to the thoroughfare standard at approximately 275-300 feet apart. The cost for each light including labor and material would be approximately $1,000. The electric feed to each light would need to be underground. As this area is more than likely solid rock, the cost for ditching would be between $7,000 and $8,000. Therefore, the total cost of adding lights to this area would be approximately $20,000. FISCAL IMPACT: Funding in the amount of $20,000 would need to be approved to add the remainder of the lighting around Dunbar Historical Lake. Staff would support a project to install lighting around Dunbar Historical Lake. This item was requested by Council Member Floyd Price Corbin Pemberton, Director of Parks and Recreation, gave a PowerPoint presentation, a copy of which was provided to Council. The next item considered was Item 35. 10:17 A. M. CITY COUNCIL RECESSED 10:32 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers All council members were present. The first items considered were Items 35-36. (57.) Presentation on the conditions of the Guadalupe Neighborhood Center located on I't Street and Avenue P. 171 Regular City Council Meeting August 26, 2004 This item was considered following Item 34. This item was requested by Council Member Linda DeLeon. Judy Crumbly, President of the Guadalupe/Parkway Neighborhood Centers, gave a presentation of what the centers do for the neighborhoods. She also showed a video of poor conditions of the Guadalupe Neighborhood Center. She asked that Council consider building a new building in next year's budget or helping the Center relocate. Mayor Pro Tem Martin asked why it is the responsibility of the City of Lubbock to build a new building for Guadalupe Center, as this is not a City operation. Ms. Crumbly stated it was not the City's responsibility, but she would appreciate help. She added they would like to have that property, but would appreciate any property in the Guadalupe area. Mayor Pro Tem Martin stated it was park property and it would take a vote of the people to release the land. Mayor McDougal stated that an earlier council had made a decision to donate buildings the City had at the time. He asked if there were any facilities left. City Manager Lou Fox stated there were none in the Guadalupe Neighborhood. Assistant City Manager Quincy White stated everything not on park property had been donated to various agencies. Council Member Boren asked Director of Community Services Randy Truesdell about an A -frame building at Mahon Park. Mr. Truesdell stated it was a hamburger place, which was donated to the City and moved in. Council Member DeLeon stated that the Guadalupe Center had needed repairs for many years. She suggested building a community center and letting the City take over responsibility of it. Council Member Price stated we should be proactive, rather than reactive towards our young people by helping to provide places for them. 1:15 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 3:05 P. M. CITY COUNCIL WORK SESSION RECONVENED Committee Room 103 All council members were present. (58.) Discussion of the City of Lubbock Proposed FY 2004-05 Operating and Capital Projects Budget. On August 16, staff presented the General Fund proposed budget for FY 2004-05. At the Work Session, the City Council made various changes to the General Fund operating budget and instructed staff to provide suggestions to accommodate these revisions. CFO/Assistant City Manager Lee Ann Dumbauld stated when they left the past meeting, there was a gap of $2.5m. She stated per Council's request, they had used a 3% earnings estimate, which would generate $384,000 in the General Fund. This has not been included in the numbers today. It was for informational purposes only. Council Member Gilbreath suggested changing the interest rate to 2.9%. Ms. Dumbauld stated the other item to be provided was what was page 10 in the original budget, which was using the $8.6 billion and to show the four scenarios provided previously. The proposed budget is still calculated at 45.97 cents based on the discussion from the last meeting. Mayor Pro Tem Martin stated that pertaining to the document provided to council, they could take column 4 off, which is column 3 + 1.9 population growth factor. 172 Regular City Council Meeting August 26, 2004 Ms. Dumbauld presented a summary of options, and she said it's not a balance sheet, because it doesn't do accruals. She stated this does include a 3% raise for employees, at the request of Council. It includes $437,000 in what she called "salary efficiency savings", which will be in the salary categories in the City Attorney's Office, Accounting, City Manager's Office, Investment in Budgets and Internal Audit, among other items. Council Member Boren asked that the Japan trip for Junior Ambassadors be looked at as far as money and staff time. Council Member DeLeon stated that next year would be the 201h anniversary of this relationship and she thought this should not be done away with until then. She also stated that due to things such as students not adjusting to foods and environment, etc., it might cost less to do an exchange program with Mexico. Ms. Dumbauld stated staff had included an additional $250,000 for park facilities, programs or maintenance, depending on direction from Council on what those funds would be used for specifically. Also included is an increase in the sales tax forecast based on the ten months staff has this year, which brings it to almost $1.2m of 2005. She further stated that staff had a request to pay for $1 m of the seal coat program out of the Gateway Streets fund with an agreement in the ordinance requiring that the first million that drops to fund balance at September 30, 2005 will be repaid to the Gateway Streets fund. Council Member Gilbreath asked "What if we don't get it?" Ms. Dumbauld stated "The City's history has been that it has added a million to two million a year to the fund balance, and I would anticipate that the current year would remain much the same, although we have not specifically identified what would be comprised in that one million. Usually, attrition takes care of it just with the turnover." Council Member Gilbreath responded "I've said this before, but I'm going to reiterate. I'm going to have a hard time voting for this budget unless we know where that million dollars is going to come from or have a real good idea." Ms. Dumbauld stated "We are well on our way to improvement and then by the time we finish the review of the internal service funds, there is certainly the potential that we have additional in those funds that the Council could consider putting back into the General Fund to get back up to a really strong level." She stated that she should have some good estimates in about a month. Council Members Jones and Price stated their appreciation for all Ms. Dumbauld has done. Council Member Boren stated "Lee Ann, let me ask — to be sure that I'm understanding this. As we're still working through this document, it's a live document, it's fluid, it's still wavy, basically we're looking at having our seal coat program intact, having money to keep the Gateway Projects going for Milwaukee and other major streets, a 3% raise for the employees, no charge -backs to them for their dependents that was first proposed, and we are looking at a tax rate of 45 (cents) down from 54 (cents)." Ms. Dumbauld stated staff had not gone back and reviewed the charge -back to the employees on their health insurance for dependent coverage. She said staff would have a much better estimate in October. Council Member Boren asked staff to bring back one more report for Council to go over. Mayor McDougal stated that the next time, Council would have to vote on it. 173 Regular City Council Meeting August 26, 2004 City Manager Fox stated it would be the first reading and then it could be amended for final reading. Mr. Fox also stated that in initial budget, staff didn't recommend a cost of living increase for the employees. However, since they had reduced, they are getting for the most part a good effort out of the people that work with staff and he wanted to state his appreciation for the help he had received. Mayor Pro Tern asked if staff would get Council a revised summary based on the information provided them as a handout. 3:28 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor McDougal adjourned the meeting. Read and approved this�� ATTEST: Rebecca Garza, City Secretary day of dvYARC NfCDOUGAL, MAYOR 174