HomeMy WebLinkAboutMinutes - City Council - Regular - 12/7/2004CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2004
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 7th
day of December, 2004, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:30 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor 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: Mayor Marc McDougal
CITIZEN COMMENTS
No one expressed comments to the Council.
EXECUTIVE SESSION
Mayor Pro Tem Martin 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."
7:31 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present.
(L) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Cemetery; Planning and Transportation; 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 Development; Planning and
Transportation; 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; Municipal Court
Magistrates) 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;
to discuss and deliberate a competitive matter
regarding the strategies, goals, funding and strategic
purpose of the City of Lubbock's relationship with and
Regular City Council Meeting
December 7, 2004
Page 494
membership in the West Texas Municipal Power
Agency.
( 5.) 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 (LEDA).
9:07 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All council members were present.
(6.) Presentation of Texas Tech University's legislative priorities.
Chancellor David Smith gave a presentation of the Texas Tech University
(TTU) System's "State of the System". He stated that the number one
issue is faculty. Texas Tech must have state formula funding, as they fund
faculty through this formula. The faculty must grow to meet the growth in
enrollments.
Mayor McDougal asked City Secretary Rebecca Garza to add to the City's
legislative priorities to strongly support the Texas Tech University
Legislative Committee.
(7.) Consider and discuss how to improve code enforcement and law
enforcement for the City in order to preserve and protect the quality
of life in our residential neighborhoods.
Deputy City Manager Tom Adams gave a presentation on "Taking Back
Neighborhoods" and addressing law enforcement and code
enforcement/abatement issues.
Craig Farmer, Managing Director of Planning & Transportation spoke
concerning "Environmental Code Enforcement". He stated that the
immediate concern for neighborhoods, police issues, traffic issues, and
environmental/code issues is with parties.
Consensus of the Council was to put Code Enforcement under the
direction of the Police Chief. Council asked for action for immediate
compliance by writing citations, and that Chief Jones put together a plan
on how to handle the enforcement of codes, and bring it back to Council
within sixty days.
10:36 A. M. WORK SESSION RECESSED
10:56 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
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; Lou Fox, City Manager; Anita Burgess, City
Attorney; Rebecca Garza, City Secretary; and Linda Chamales,
Senior Attorney, Office Practice Section
Absent: No one
Mayor McDougal called the meeting to order at 10:56 A. M.
(8.) Invocation by Pastor Bobby Dagnell, First Baptist Church.
(9.) Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
Regular City Council Meeting
December 7, 2004
Page 495
BOARD APPOINTMENTS RECOGNITION
Mayor's Task Force on Water Utilities
Receiving: L. E. Anderson (unable to attend)
Suzanne Baker (unable to attend)
H. P. (Bo) Brown (unable to attend)
Jack Brown (unable to attend)
Abel Castro (unable to attend)
Jim Conkwright (unable to attend)
Jim Cummings
Mike Liner
John Wilkerson (unable to attend)
CONSENT AGENDA (Items 10-21, 24-26)
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Price to approve Items 10-21, 24-28 on consent agenda as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
At this time, Mayor McDougal stated that Items 27 and 28 were zone
cases and not consent items. He requested a motion to amend the previous
motion. Motion was made Council Member Price, seconded by Council
Member Jones to approve Items 24-26 (rather than 24-28) on consent
agenda as recommended by staff. Motion carried 7 Yeas, O Nays.
(10.) Approval of Minutes: November 4, 2004
Regular City Council Meeting
November 18, 2004
Regular City Council Meeting
November 12, 2004
Special City Council Meeting
(11.) ORDINANCE NO.2004-00133—Abandoning and closing a
portion of a ten -foot Underground Water Line Easement in
Section 37, Block AK, Lubbock County (4202 Huron Avenue)
(Right -of -Way) (second and final reading).
ORDINANCE NO. 2004-00133
AN ORDINANCE ABANDONING AND CLOSING A 10-FOOT
UNDERGROUND WATER LINE EASEMENT LOCATED IN SECTION 37,
BLOCK AK, 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 north south 10-foot by 341.2-foot
section of an underground water line easement just north of Huron Avenue
and what would be 42"d Street adjacent to the platted Santa Fe Industrial
Addition area. This ordinance was read for the first time at the November
18`h City Council meeting as a routine consent agenda item.
FISCAL IMPACT:
None.
The Right -of -Way Department recommended approval of the second
reading of this ordinance.
(12.) ORDINANCE NO. 2004-00134—Abandoning and closing a Lubbock
Power and Light Underground Electric Line Easement and a
Lubbock Power and Light Underground Electrical Utility Easement
located in Lot 3, Tract C, Caprock Addition to the City of Lubbock
(2615 52nd Street) (Right -of -Way) (second and final reading).
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Page 496
ORDINANCE NO. 2004-00134
AN ORDINANCE ABANDONING AND CLOSING TWO UNDERGROUND
UTILITY EASEMENTS FOR LP&L LOCATED IN LOT 3, TRACT C, CAPROCK
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND
MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance abandons and closes two Lubbock Power and Light
Underground Electrical Utility Easements in Lot 3, Tract C of the Caprock
Addition. This ordinance was read for the first time at the November 181h
City Council meeting as a routine consent agenda item.
FISCAL IMPACT:
None.
The Right -of -Way Department recommended approval of the second
reading of this ordinance.
(13.) ORDINANCE NO. 2004-00136----Amending Chapter 12 of the Code
of Ordinances, with regard to notice and order to abate nuisances and
abatement of nuisances by City; providing a penalty; providing a
savings clause; and providing publication (Planning and
Transportation) (second and final reading).
ORDINANCE NO. 2004-00136
AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
NOTICE AND ORDER TO ABATE NUISANCES AND ABATEMENT OF
NUISANCES BY CITY; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
(14.) ORDINANCE NO. 2004-00137—Amending the Risk Management
Internal Service Fund FY 2004-2005 Budget and transferring
$3,874,030 from the Risk Management Internal Service Fund to the
General Fund —fund balance (second and final reading).
ORDINANCE NO.2004-00137
AN ORDINANCE MAKING CHANGES IN THE FY 2004-05 BUDGET OF
THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES.
(15.) Ordinance No. 2004-00139 an amendment to Ordinance #2001-00043
regarding the City of Lubbock, Texas, Electric Light and Power
System Revenue Bonds, Series 2001 allowing within this ordinance the
ability to establish an electric utility board to govern and manage
Lubbock Power & Light (Finance) first reading).
ORDINANCE NO.2004-00139
Due to incorrect caption on the ordinance for the December 7, 2004 City Council
Meeting, Ordinance No. 2004-00139 was voided.
The City previously issued bonds for Lubbock Power and Light, and the
following bonds are currently outstanding:
1. City of Lubbock, Texas Electric Light and Power System Revenue
Refunding Bonds, Series 1995, dated June 15, 1995, authorized
pursuant to Ordinance No. 9815, with a principal amount
outstanding as of August 10, 2004, of $4,360,000;
2. City of Lubbock, Texas Electric Light and Power System Revenue
Bonds, Series 1998, dated January 1, 1998, authorized pursuant to
Ordinance No. 10040, with a principal amount outstanding as of
August 10, 2004, of $6,440,000;
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Page 497
3. City of Lubbock, Texas Electric Light and Power System Revenue
Bonds, Series 1999, dated January 15, 1999, authorized pursuant to
Ordinance No. 10136, with a principal amount outstanding as of
August 10, 2004, of $9,185,000; and,
4. City of Lubbock, Texas Electric Light and Power System Revenue
Bonds, Series 2001, dated July 1, 2001, authorized pursuant to
Ordinance No. 2001-00043, with a principal amount outstanding as
of August 10, 2004, of $7,820,000.
The bond ordinances, authorizing the issuance of the above bonds, require
that the City obtain written consent of the majority of bondholders for
amendments that may be made to the bond ordinances.
On August 10, 2004, the City determined it had received written consent
from the owners holding at least $17,100,000 in aggregate principal
amount (or 61.52%) of the above -identified bonds currently outstanding to
amend the Prior Bond Ordinances "to allow the transfer of management
and operations of its Electric Utility System to an independent Board of
Trustees". The City has also obtained the written consent for the
amendments from MBIA Insurance Corporation and Ambac Assurance
Corporation, which provide insurance for the payment of one or more of
such series of bonds.
FISCAL IMPACT:
No fiscal impact.
City management has determined the above -mentioned ordinances should
be amended to authorize the transfer of management and operations of its
Electric Light and Power System to an independent Board of Trustees.
(16.) Ordinance No. 2004-00140 amending Article XVIII of Chapter 20 of
the Code of Ordinances, pursuant to Chapter 1, Article XII, Section 1
of the Lubbock City Charter, outlining the duties and responsibilities
of the Electric Utility Board, providing for the disbursement of
revenues of the City's electric utility and further defining conflicts of
interest and penalties associated therewith (LP&L) first reading).
ORDINANCE NO. 2004-00140
AN ORDINANCE SUPPLANTING ARTICLE XVIII OF CHAPTER 20 OF THE
CODE OF ORDINANCES, PURSUANT TO CHAPTER 1, ARTICLE XII,
SECTION 1 OF THE LUBBOCK CITY CHARTER, OUTLINING THE DUTIES
AND RESPONSIBILITIES OF THE ELECTRIC UTILITY BOARD; PROVIDING
FOR THE DISBURSEMENT OF REVENUES OF THE CITY'S ELECTRIC
UTILITY; FURTHER DEFINING CONFLICTS OF INTERESTS AND
PENALTIES ASSOCIATED THEREWITH; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
On November 2, 2004 the voters of the City of Lubbock voted to amend
the Charter of the City of Lubbock providing for an Electric Utility Board
composed of nine Lubbock citizens and eligible voters appointed by the
City Council be created to govern, manage and operate the City's electric
utility. Chapter 1, Article XII, Section 1 of the Lubbock City Charter
requires the City Council to pass an ordinance further detailing and
outlining the duties of the Electric Utility Board.
FISCAL IMPACT:
Lubbock Power & Light will improve the efficiency and competitiveness
of the electric utility by amending the Code of Ordinances of the City of
Lubbock. The Electric Utility Board shall have oversight of any
disbursement of net electric revenues and provide for funding of an
operations reserve, rate stabilization reserve and an electric utility
development reserve.
Staff recommended approval of the first reading of this ordinance.
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Page 498
(17.) Ordinance No. 2004-00141 amending existing procedures and
adjusting fees for re -issuance of construction permits where the
original permittee is to be replaced by a second and subsequent
contractor (Building Inspections) first reading).
ORDINANCE NO. 2004-00141
AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-21(b), OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK SO AS TO PROVIDE FOR
THE ISSUEANCE OF SECOND AND SUBSEQUENT PERMITS PER JOB SITE IN
THE EVENT THE CURRENT PERMITTEE HAS FAILED TO COMPLETE THE
WORK OR IS NO LONGER ASSOCIATED WITH THE PROJECT, ESTABLISHING
A TRANSFER PERMIT, ESTABLISHING A FEE FOR ISSUANCE OF A TRANSFER -{
PERMIT, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Existing code provisions provide that in the event a contractor who has
received a permit has his contract terminated prior to final City approval,
the replacement contractor must pay full permit fees for re -issuance of the
permit. The amendment proposes a nominal, fixed transfer fee as long as
the work remains unchanged from that originally permitted. It also seeks
to clarify existing language concerning bonds and indemnity agreements
associated with the transfer process, bringing the regulations into
alignment with historical practice.
FISCAL IMPACT:
None.
The Building Inspection Department recommended approval of the first
reading of this ordinance.
(18.) Resolution No. 2004-R0568 authorizing the Mayor to execute an
easement use license with MD Investments for the use of an
underground utility easement for a covered parking area (7105 82nd
Street) (Right -of -Way).
RESOLUTION NO.2004-R0568
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Easement Use License
for a covered parking area by and between the City of Lubbock and MD Investments, 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 7 h day of December, 2004
/S/ MARC ��CDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda Chamales
Linda Chamales
Senior Attorney/Office Practice Section
A copy of the License is filed with Resolution No. 2004-R0568.
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MD Investments owns the property at 7105 82nd Street; legal description
known as Tract B-1, Westwood Addition. Along the west side of their
property is a north -south five-foot underground utility easement in which
the City has a water line. The owners of the property want to build a
covered parking area over this easement and this license will allow them
the right to do this while protecting the City's right to use this easement.
The area of this requested easement -use license is 5-feet by 181.53-feet
and there will not be a charge for this 20 year license since MD
Investments was the original dedicator.
FISCAL IMPACT:
None.
The Right -of -Way Department recommended approval of this resolution.
(19.) Resolution No. 2004-R0569 authorizing the Mayor to execute a
Quitclaim Deed in favor of Mt. Gilead Baptist Church for an excess
portion of East 26th Street right-of-way (2603 Hickory Avenue)
(Right -of -Way).
RESOLUTION NO. 2004-R0569
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor is hereby authorized and directed to execute for and on behalf
of the City of Lubbock, a Quitclaim Deed in favor of Mt. Gilead Baptist Church. Said
Agreement is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 7`h day of December, 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 Chamales
Linda Chamales
Senior Attorney/Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-R0569.
This resolution authorizes the Mayor to convey a 36-foot wide by 140-foot
long strip of excess East 26`h Street right-of-way to the adjacent property
owner to the south, Mt. Gilead Baptist Church, 2605 Hickory Avenue. The
City acquired four vacant lots in 1994 for a street (called East 26th Street)
to connect Hickory Avenue and Ivory Avenue and this excess land south
of the street is not needed. The City is selling this 36-foot wide strip of
East 26th Street right-of-way to Mt. Gilead Baptist Church for $5 per front
foot or a total of $180. This parcel is typical of excess street areas that
have been sold to the abutting property owners along the west side of
Indiana Avenue from 19th Street south to 50`h Street and the abutting
property owner at East 22nd Street and Ash Avenue.
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Page 500
FISCAL IMPACT:
Revenue to the City of $180.
The Right -of -Way Department recommended approval of this resolution.
(20•) Resolution No. 2004-RO570 authorizing the City Council to approve
an agreement and authorizing the Mayor to execute all related
documents with the South Plains Association of Governments as
related to pass -through funds from the Texas Department on Aging
and Disability Services (Parks and Recreation).
RESOLUTION NO.2004-RO570
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 with the South
Plains Association of Governments (SPAG) for pass through funds from the Texas
Department of Aging and Disability Services and any associated documents, a copy of
which Contract is attached hereto and which shall be spread upon the minutes of this
Council and as spread upon the minutes of this Council shall constitute and be a part
hereof as if fully copied herein in detail.
Passed by the City Council this 7`h day of December, 2004
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Corbin Pemberton
Randy Truesdell, Community Services Director
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-R570.
The City has contracted with the South Plains Association of Governments
(SPAG) for the past 25 years to provide services for the senior citizen
population. SPAG serves as the pass through agency for federal funds
from the Texas Department on Aging and Disability Services (TDADS).
The City Senior Program targets any citizen 60 years of age or older to
provide hot meals, transportation, recreational and social activities. Meals
are currently supplied by ARAMARK Educational Services, Inc.; the
contract is due to be rebid by April 3, 2005. The FY 2004-05 agreement
with SPAG provides reimbursement for meals and transportation.
Staff anticipates serving approximately 66,500 meals and approximately
6,250 units of transportation. The reimbursement rates from SPAG are as
follows:
Congregate Meals - 22,388 eligible units at $4.69 per unit for a total of
$104,999.72
Transportation —1,115 eligible units at $6.28 for a total of $7,002.20
The total estimated revenue to the City from the SPAG contract is:
Congregate Meals - $104,999.72
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Transportation - $7,002.20
Program Income - $67,935.00
TOTAL $179,936.92
Monetary donations are accepted from those individuals who utilize meal
and transportation services. The recommended donation is $2 per meal for
those 60 years of age and over. Those under 60 are required to pay $4 per
meal. The recommended donation for transportation is $1 per trip.
FISCAL IMPACT:
The acceptance of this contract will allow needed services to be provided
to the senior citizen population. The required match from the City for this
contract is $11,078.98, which is covered by budgeted personnel costs.
Parks and Recreation staff recommended approval of this resolution.
(21.) Resolution No. 2004-RO571 to initiate annexation of the land area
bordered by North Frankford Avenue, the Clovis Highway, Quaker
Avenue, and Ursuline Street (Planning).
RESOLUTION NO.2004-RO571
WHEREAS, the owners of certain real property within the area bounded by North
Frankford Avenue, Clovis Highway and North Quaker Avenue have requested
annexation of said property by the City of Lubbock; and
WHEREAS, said area contains fewer than 100 separate tracts of land on which
one or more residential dwellings are located on each tract, which exempts the said area
from the necessity to be included in a City of Lubbock annexation plan pursuant to Sec.
43,052 of the Local Government Code; and
WHEREAS, the City Council of the City of Lubbock determined it to be in the
best interest of the citizens of the City of Lubbock to annex said property at a Work
Session Meeting on November 18, 2004; NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT, pursuant to Chapter 43 of the Local Government Code, the
City of Lubbock hereby agrees to grant the request for annexation of the area bounded by
North Frankford Avenue, Clovis Highway and North Quaker Avenue, a map of which
area is attached hereto as Exhibit A and made a part hereof for all intents and purposes.
SECTION 2. THAT the City Planning Department is hereby directed to prepare a
service plan as required by Sec. 43.065 of the Local Government Code.
SECTION 3. THAT the City Planning Department and the City Attorney are
hereby directed to take all necessary actions to prepare an annexation Ordinance for
consideration by the City Council to annex the property described in Exhibit A hereto
into the City of Lubbock pursuant to the Subchapter C-1 procedure of Chapter 43 of the
Local Government Code.
Passed by the City Council this 7t' day of December, 2004
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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APPROVED AS TO CONTENT:
/s/ Randy Henson
Randy Henson, Senior Planner
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of Exhibit A is filed with Resolution No. 2004-R0571.
Subsequent to a work session on November 18th, staff is proposing a
resolution that will begin the annexation process. Two public hearings will
be required, and the current target is a January or February timeframe. A
notice to all the landowners in the area will precede the first hearing by the
Planning Commission. The larger triangle annexation is in response to a
request to annex a 740-acre farm that is north of Erskine Street.
FISCAL IMPACT:
Provision of "soft" services will be required of the City if the area is
annexed. Such services include Police, Fire, Animal Control, Health, and
all other non -capital intensive services.
Staff recommended approval of this resolution.
The next items considered were Items 24-26.
(22.) Resolution No. 2004-RO572 declaring a public necessity and initiating
an assessment process for paving improvements on 98th Street from
FM 1730 (Slide Road) to Frankford Avenue and directing the City
Engineer to prepare plans and specifications for such improvements
(Engineering).
RESOLUTION NO.2004-RO572
A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF A
STREET IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARIES
OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND
SPECIFICATIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
SECTION 1. THAT public necessity exists that the following portions of a street
in the City of Lubbock and along the boundaries thereof be improved as herein provided,
to wit:
981h Street from FM1730 (Slide Road) to Frankford Avenue.
SECTION 2. THAT said portions of the above -described street shall be
improved by raising, grading and filling same, by installing curbs and gutters, and by
installing base material and asphaltic concrete surface or concrete street paving in the
street right-of-way;
SECTION 3. THAT the City Engineer is hereby directed to prepare plans and
specifications for such improvements.
SECTION 4. THAT such improvements shall be paid for in the following
manner:
(a) The abutting property and the owners thereof shall pay and shall be assessed for
all the costs of constructing curbs in front of such respective property and a part
of the remaining cost of such improvements; provided, that such part of the cost
assessed to the abutting property or owners thereof will not exceed ninety percent
(90%) of the cost of the improvements plus the cost of the curb; and further
provided that if it shall appear at the hearing, to be had before final assessment is
made, that the special benefits to such property by way of enhancement value
thereof by means of such improvements will not aggregate to such proportion of
the cost as specified above, then there shall be assessed and be paid by such
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abutting property and the owners thereof a lesser amount not to exceed the
benefits.
(b) The remaining cost of said improvements after deducting the sums finally
assessed against abutting property and the owners thereof under subparagraph (a)
above shall be paid by the City of Lubbock.
SECTION 5. THAT the amounts assessed against and to be paid by the abutting
property and the owners thereof shall be payable in five (5) equal installments, the first of
which shall become due on or before twenty (20) days after completion and acceptance
by the City Council of the improvements in the unit on which the property abuts; the
second, third, fourth and fifth installments shall become due one, two, three and four
years respectively after completion and acceptance by the City Council of the
improvements in the unit upon which the property abuts, and shall bear interest from the
date of completion and acceptance until paid, at the rate of the prime interest rate plus
one percent (1%) per annum, payable annually, with provisions that if default be made in
the payment of any installment promptly as the same matures, then at the option of the
holder of such assessment of certificate issued in evidence thereof, such default shall
mature the entire assessment upon which same is made.
SECTION 6. THAT assessments shall be made and levied, and shall be a first
and prior lien and personal liability for principal, interest, reasonable attorneys' fees and
costs of collection, if incurred, all under and in accordance with the Charter of the City of
Lubbock and amendments thereto, now in force in this City, and in accordance with the
provisions of Subchapter D of Chapter 314 of the Texas Transportation Code.
SECTION 7. THAT this Resolution shall take effect and be in force from and
after its passage.
Passed by the City Council this 70' day of December, 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/ Linda L. Chamales
Linda Chamales
Senior Attorney/Office Practice Section
This item was moved to regular session and considered following Item
26.
This resolution is the first of five resolutions required to initiate an
assessment -paving program. The proposed paving improvements are as
follow:
98`h Street from FM 1730 (Slide Road) to Frankford Avenue.
For street assessment paving, the property owners may be assessed up to
90% of the paving cost and 100% of the curb and gutter costs. However,
the assessment cannot exceed the enhancement, or special benefits, to the
abutting properties.
The paving of this thoroughfare was included in the Bond Election. The
proposed assessments will provide property owner participation in the cost
of this improvement project for those properties still undeveloped at this
time.
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FISCAL IMPACT:
The assessment will provide approximately $60,000 of the cost of the
Proposed paving improvements. The actual assessment amount will
depend on the appraiser's enhancement study and final assessments set by
the City Council.
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Price to move Item 22 to regular session and approve as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Gilbreath recused himself
The next items considered were Items 27-29.
(23.) Resolution No. 2004-R authorizing the Mayor and City Council to
sell 4.73 acres of land located at 1802 Parkway Drive to the North &
East Lubbock Community Development Corporation pursuant to the
recommendation of the Library's Board of Directors on October 18,
2004 (North & East Lubbock CDC).
This item was deleted.
Items 24-26 were considered following Item 21.
(24.) Resolution No. 2004-RO573 authorizing the Mayor to execute a Grant
Management Agreement, and all related documents, by and between
the City and the North & East Lubbock Community Development
Corporation for economic development services (Finance).
RESOLUTION NO.2004-RO573
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Grant Management
Agreement, by and between the City of Lubbock and North and East Lubbock
Community Development Corporation for economic development services, and all
related documents. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 7"' day of December, 2004
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld, Chief Financial Officer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-R573.
The North & East Lubbock Community Development Corporation (CDC)
desires to contract with the City for grants of municipal funds for the
purpose of promoting, assisting and enhancing economic development.
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Page 505
This agreement allows the City to delegate to the Corporation, and the
Corporation accepts, responsibility for creating, managing, operating and
supervising programs and activities for assisting and enhancing economic
development activities in the North and East areas of the City. In addition,
this agreement will transfer financial responsibility of the North and East
Lubbock Master Plan contract.
The agreement is for a term of one year, beginning October 1, 2004 and
ending September 30, 2005. The City shall fund to the North & East
Lubbock CDC the amount of $250,000 for the purposes stated in the
contract.
FISCAL IMPACT:
The City Council approved funding for this agreement in the FY
2004-2005 Budget.
Staff recommended approval of this resolution.
(25.) Resolution No. 2004-RO574 - BID #04-190BM—for Police
Administration/Investigations Tasers (Police Administration
Investigations).
RESOLUTION NO.2004-RO574
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for police
patrol tasers, per Bid #04-190-13M, by and between the City of Lubbock and GT
Distributors of Austin, Texas, and related documents. Said Purchase Order is attached
hereto and incorporated in this Resolution as if fully set forth herein and shall be included
in the minutes of the Council.
Passed by the City Council this 7 h day of December, 2004
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2004-R0574.
This bid is a sole source purchase for 105 Model X-26 Tasers and
--- replacement cartridges that will be issued to all Administration and
Investigations Officers, Corporals and Sergeants on duty. This less lethal
device will be used to subdue suspects resistant to apprehension, or who
are threatening the lives of citizens or officers. The Patrol Division
currently utilizes M-26 Tasers manufactured by Taser International. The
X-26 Taser was chosen for the division's taser expansion because its
function is identical to the current model, providing for a faster training
cycle and adoption. The X-26 uses the same projectile cartridges as the
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Page 506
M-26, which allows for use of existing inventories of cartridges. The X-26
Taser, by Taser International, is the only available product with
shaped -pulse technology. This technology allows for a lighter weight unit
with longer battery life and improved effectiveness. The sole authorized
police distributor for Texas (except El Paso) is GT Distributors of Austin,
Texas.
FISCAL IMPACT:
A total of $250,000 is available in account number 138.8163 (Abandoned
Motor Vehicle — Special Projects) for this purpose.
Staff recommended contract award to GT Distributors, of Austin, Texas
for $91,323.75.
(26.) Resolution No. 2004-RO575 - BID #04-168BM—for Police
Department Duty Uniforms — Annual Pricing (Police Patrol).
RESOLUTION NO.2004-R0575
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Letter of Award for police
department duty uniforms -annual pricing, by and between the City of Lubbock and
Nardis, Inc. of Kilgore, Texas, and related documents. Said Letter of Award is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 7`h day of December, 2004
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Letter of Award is filed with Resolution No. 2004-R0575.
This bid establishes annual pricing for Police Department duty uniforms
that are worn daily by police officers. Each recruit in the Police Academy
is provided five complete sets of uniforms upon graduation. In addition,
each police officer is given an annual clothing allowance of $1,000 with
which to purchase uniform items throughout the year.
FISCAL IMPACT:
A total of $148,988 was appropriated with $148,988 available in Project
8123 (Uniform Supplies) for this purpose.
Staff recommended contract award to Nardis, Inc. of Kilgore, Texas for
$134,036.
The next item considered was Item 22.
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PUBLIC HEARINGS
10:56 A. M. Zoning
Items 27-29 were considered following Item 22.
(27.) Ordinance No. 2004-00142 - ZONE CASE NO. 2879-A (1704 Avenue
X): Hold a public hearing to consider the request of Robert M. Sea
for a zoning change from R-2 to R-2 DH on Lot 6 and south half of
Lot 5, Block 104, Overton Addition, first reading).
ORDINANCE NO. 2004-00142
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2879-A; A ZONING CHANGE FROM R-2 TO R-2 DH
ON LOT 6 AND SOUTH ONE-HALF OF LOT 5, BLOCK 104, OVERTON
ADDITION, LUBBOCK, TEXAS; DESIGNATING A LANDMARK THEREON;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:56 a. m. No one
appeared on behalf of Robert M. Sea. No one appeared in opposition.
Mayor McDougal closed the hearing at 10:56 a. m.
The request is to provide historic overlay zoning to the existing residential
structure. The homeowners submitted the request.
Adjacent land use is residential in all directions.
At a July 2004 meeting, the Urban Design and Historic Preservation
Commission unanimously recommended landmark designation to the
Planning and Zoning Commission.
Request for Landmark Designation of Haynes House
1704 Avenue X, Lubbock, Texas
Dr. and Mrs. Sea identified the criteria to be considered in making a
landmark designation decision:
Criteria #3: Embodiment of distinguishing characteristics of an
architectural type or style.
According to the Texas Historic Sites Inventory Form of the Texas
Historical Commission (07/03/85), the home, a seven room brick and tile
structure, is a "good example of Georgian Revival style not usually found
in Lubbock". The front door is recessed into a large arched opening that
has sidelights and a fanlight transom window. Round windows are in the
gables. The home was featured in "A Guide to Lubbock's Architectural
Heritage", page 17.
Criteria #4: Identification as the work of an architect, landscape architect,
or master builder whose individual work has influenced the development
of the city.
Sylvan Blum Haynes, known as "The Dean of West Texas Architects,"
designed the home. Haynes built the home for himself and his new bride
in 1925. He later designed a similar home, on a much grander scale, for
his close friend, Dr. Overton, on Broadway Street. S. B. Haynes, along
with members of his firm, designed a large number of West Texas
structures. Haynes designed many area schools, including Lubbock High
School, the former Liff Sanders Elementary School (now the Adult
Learning Center), Matador High School, and a multitude of others.
Criteria #6: Relationship to other distinctive buildings, sites or areas,
which are eligible for preservation, based on architectural, landscape
architectural, historic or cultural motif.
The home, a short walk from Texas Tech, was built in 1925. A number of
other homes in the area have been designated as landmarks.
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Criteria #11: Identification with a person or persons who significantly
contributed to the culture and development of the city, state, or the United
States.
The home was also the residence of F. R. Friend, an early Mayor and civic
leader, at the time of his death in 1959.
The Planning Commission recommended approval of the request.
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00142 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(28.) Ordinance No. 2004-00143 - ZONE CASE NO. 3024 (north of
Erskine Street and east of Milwaukee Avenue): Hold a public hearing
to consider the request of Mark Anderson (for Wilshire Estates, LLP)
for a zoning change from T/R-1 to C-3 and R-1 Specific Use for single
family residences on a 68.6 acre tract of land out of the southwest
corner of Section 7, Block JS, first reading).
ORDINANCE NO. 2004-00143
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3024; A ZONING CHANGE FROM T/R-1 TO C-3
AND R-1 SPECIFIC USE FOR SINGLE FAMILY RESIDENCES ON A 17.4 ACRE
TRACT OF LAND OUT OF THE SOUTHWEST CORNER OF SECTION 7, BLOCK
JS, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:56 a. m. No one
appeared on behalf of Wilshire Estates, LLP. No one appeared in
opposition. Mayor McDougal closed the hearing at 10:56 a. m.
The zone case is a portion of a larger development that will be targeted as
a senior residential area after Council considers a request to annex the
area. At this point, the petition for annexation has not been considered by
the City Council. Only the south 605 feet (the city limit is 660 feet north
of the section line, the centerline of Erskine Street) of the project is within
the city limits.
The development is a non-traditional project with many design elements
that do not "fir, the current development codes of Lubbock (subdivision
regulations, street and sidewalk regulations). A number of the proposed
elements of the plat will have to be approved by the City Council
(primarily street width and curb design), or the drives will be developed as
private (versus dedicated public streets). The developer may actually
prefer private drives if a decision is made to maintain a gated community.
The applicant has provided initial information, but not a final design for
confirmation by Streets/Drainage that the drainage will work.
Adjacent land use:
North — vacant, outside the current city limits
South —vacant, zoned commercial and residential
East — vacant, zoned T
West — vacant, zoned T
The zone case is divided into two parts:
a) The corner of Erskine Street and North Milwaukee Avenue is
proposed as C-3. The request represents a policy case for
commercial at the intersection of two major thoroughfares. The area
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Page 509
will be used for development of commercial and possibly an assisted
living center and a nursing home. Both of the proposed uses are
permitted uses in the C-3 District.
b) The single-family area. The applicant will develop three types of
homes within the subdivision:
The Bay Home is similar to a house in a traditional neighborhood where
the parking and service is in the rear and a front porch defines the front.
The Bay Home is maintenance free on a condominium type lot. The home
structure is owned by the occupant and the land ownership is common to
the Association. This allows a break from the strict street/lot relationship
typical in single-family platting. The clustering of open space with walks
that connect porches instead of streets is typically similar in shape as a
"bay" inlet of water, thus the name Bay Home. The homes are staggered to
allow a panoramic view from the front rooms of the home. These front
rooms are living areas. A kitchen is placed as a focal point of this living
area. The front porch is visible from the kitchen and living areas, and side
windows are placed to take advantage of the panoramic views of the
common area.
A secondary side entrance home (similar to a zero lot line home) connects
the rear loaded parking areas with the living area as an alternate entry
point. The third style of home will be town homes with common walls.
The proposal is to provide a Specific Use Permit that will allow the
developer to disperse the three types of homes within the subdivision.
With all of the home styles simply a variation of single family, and the
fact that the project is master planned, staff is recommending that the three
styles be approved with regard to location at the discretion of the
developer.
The Planning Commission recommended approval of the proposal with
the following conditions:
In the residential area:
1. The three types of housing plans (Bay Home, zero lot line home, and
town home) may be dispersed throughout the community at the
discretion of the developer.
2. Coverage on individual lots located within common areas may be
100%.
3. Setback and coverage of non -common area lots shall meet the
development standards for garden homes (zero lot line homes) or
town homes (row housing) in Section 29-24(c)(2).
4. Each lot shall have two off street paved parking spaces, exclusive of
the garage.
In the commercial area:
1. A site plan, including building elevations showing materials, color
and texture, shall be submitted and approved by the Planning and
Zoning Commission prior to the issuance of a building permit.
2. The proposed access management plan (curb cuts) shall be reviewed
and approved by the Planning Commission prior to issuance of a
construction permit.
FISCAL IMPACT:
Not applicable.
Planning staff supported the recommendation of the Planning
Commission.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00143 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
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(29•) Ordinance No. 2004-00144 - ZONE CASE NO. 3025 (6916 82nd
Street): Hold a public hearing to consider the request of Keith
McNeese/Gary Greenstreet for a zoning change from T to C-3 on an
unplatted Tract out of Section 30, Block AK, (first reading).
ORDINANCE NO. 2004-00144
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3025; A ZONING CHANGE FROM T TO C-3
ZONING ON AN UNPLATTED TRACT OF LAND OUT OF SECTION 30, BLOCK
AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:56 a. in. No one
appeared on behalf of Keith McNeese/Gary Greenstreet. No one appeared
in opposition. Mayor McDougal closed the hearing at 10:56 a. m.
The proposal is for C-3 zoning. The proposed use has not been announced.
Adjacent land uses:
North — residential
South — commercial
East — commercial
West — commercial
The proposal is consistent with the amended Comprehensive Land Use
Plan adopted for the area annexed in 1999. Any use of the property will
develop with the guidelines for C-3. The project should have little effect
on the thoroughfare system. 82nd Street is a developed part of the overall
thoroughfare system.
The Planning and Zoning Commission recommended approval of the
request.
Staff supported the recommendation of the Planning Commission.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00144 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next items considered were Items 31-32.
(30.) Ordinance No. 2004-00147 - ZONE CASE NO. 3026 (southwest
corner of Slide Road and 103'd Street): Hold a public hearing to
consider the request of N. Cinc Development (for Slide Road-98A
Joint Venture) for a zoning change from T to C-4 for a retail store
and shops on an unplatted Tract out of Section 25, Block E-2, first
reading).
ORDINANCE NO. 2004-00147
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3026; A ZONING CHANGE FROM T TO C-4
ZONING ON AN UNPLATTED TRACT OUT OF SECTION 25, BLOCK E-2,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This item was considered following Item 32.
Mayor McDougal opened the public hearing at 10:57 a. in. Tony
Callaway, President N. Cinc Development, appeared on behalf of Slide
Road-981h Joint Venture. No one appeared in opposition. Mayor
McDougal closed the hearing at 11:13 a. in.
The request is to zone a parcel north of an existing mini -warehouse project
using the zoning ordinance adopted for the property on the east side of
Slide Road and north and south of 103rd Street. The zoning is C-4 with a
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number of prohibited uses (the ordinance was written in a positive manner
for permitted uses).
Adjacent land use:
North — commercial policy, zoned T
South — commercial
East — commercial
West — playa lake
The project is consistent with the amended Comprehensive Land Use Plan
and with zoning policy. Slide Road is a TxDot designated highway. The
proposed ordinance minors the zoning on the east side of Slide Road and
contains two conditions that staff requests be continued with this case. The
proposal should have no effect on the thoroughfare system. The fact that
this strip of Slide Road backs up to a playa lake and will not have adjacent
residential development supports the proposed heavier uses.
The Planning Commission recommended approval as C-4 with the
following conditions:
1. That a site plan, including building elevations showing materials,
color, texture and a detailed landscape plan shall be submitted to the
Planning and Zoning Commission for approval prior to the issuance
of a building permit.
2. That the following are permitted uses:
A. Any use conditionally or unconditionally permitted in the
C-2A, C-2 or C-3 Districts.
B. Ambulance service.
C. Automobile body shops, outside storage limited to customer
vehicles only.
D. Automobile brake shop.
E. Automobile glass shop.
F. Automobile seat cover and upholstery shop.
G. Automobile transmission shop.
H. Automobile and recreational vehicles sales and service (may
include body and paint shop, as accessory use).
I. Barber and beauty shop supply dealer.
J. Boat and boat trailer sales and service.
K. Candy plant.
L. Canvas goods shop, tents and awnings (no manufacturing).
M. Commercial private clubs and teenage clubs.
N. Electrical equipment repairs.
O. Feed store with no grinding, packaging, or mixing of feed
permitted.
P. Frozen food lockers.
Q. Furniture store, used (All merchandise must be in a building).
R. Garage, public repair (Outside storage of customer
automobiles authorized. All work and separate parts shall be
inside a building).
S. Garden center.
T. Gasoline service station (Business permitted outside of
building and outside displays of products permitted within
three feet of the building.)
U. Greenhouse and plant nursery.
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V. Hotel or motel.
W. Hot tamale plant.
X. Janitorial or cleaning service.
Y. Job printing and lithographing.
Z. Magazine agency.
AA. Motorcycle shop, including sales, rentals and service.
BB. Muffler shop.
CC. Nonprofit training centers with retail sales.
DD. Pest control service.
EE. Print shop.
FF. Produce market.
GG. Rental store.
HH. Rental store, heavy equipment and trailers only.
II. Reserved.
JJ. Restaurants (Business permitted outside of building).
KK. Restaurants, with the sale of alcoholic beverages as an
incidental use, except that no mixed alcoholic beverage sales
shall be made or delivered to occupants in motor vehicles.
LL. Secondhand goods store or pawnshop.
MM. Swimming pool, commercial or sales (Business permitted
outside building).
NN. Upholstery shop - Furniture.
00. Veterinary hospital (totally within a building).
PP. Wholesale house, sales office and storage - No cotton storage.
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation of the Planning Commission.
Randy Henson, Senior Planner, gave comments. He recommended
approving the zone case and convert it to specific use for the sign package
alone.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Boren to pass on first reading Ordinance No. 2004-00147 with
the following changes: 1) that it be zoned C-3, instead of C-4 with limited
uses; and, 2) that all buildings be masonry construction with the site plan
to be approved by the City Council prior to the issuing of the building
permit and a special use permit granted for the sign recommendations by
Mr. Henson. Motion carried: 6 Yeas, 0 Nays.
Council Member Gilbreath recused himself.
The next items considered were Items 32A-33.
Items 31-32 were considered following Item 29.
(31.) Ordinance No. 2004-00145 - ZONE CASE NO. 3027 (1511 Avenue
M): Hold a public hearing to consider the request of Interfaith
Hospitality Network for Homeless Families, Inc. for a zoning change
from C-4 to C-4 DH on Lots 5-7, Block 178, Original Town Lubbock,
(first reading).
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ORDINANCE NO. 2004-00145
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3027; A ZONING CHANGE FROM C-4 TO C-4 DH
ON LOTS 5-7, BLOCK 178, ORIGINAL TOWN LUBBOCK, LUBBOCK, TEXAS;
DESIGNATING A LANDMARK THEREON; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:56 a. in. No one
appeared on behalf of Interfaith Hospitality Network for Homeless
Families, Inc. No one appeared in opposition. Mayor McDougal closed
the hearing at 10:56 a. in.
The request is for DH overlay historic zoning on a structure moved from
the Overton area to 1511 Avenue M. The use of the building after
renovation is going to be office space for the Interfaith Hospitality
Network.
Adjacent zoning in all directions is commercial. The area has a mixture of
land uses.
The request was presented to the Planning Commission with a
recommendation for approval by the Urban Design and Historic
Preservation Commission. The Interfaith group is a consortium of
churches that assists families in need, with shelter provided at the
participating churches. The proposed use of the building will not include
overnight occupancy by clients of the Network. The stated objectives of
the Interfaith Network include:
Services for homeless families with children, with the goal to:
Keep children from having to live on the streets,
Keep families together while the parents work and save money to be able
to have a place of their own, and
Provide a secure, home -like, family environment for children and their
parents temporarily to allow parents the opportunity to get jobs, save
money and find affordable housing for the family.
Request for Landmark Designation of Benson House, 1511 Avenue M,
Lubbock, Texas, Formerly Located at 2406 9th Street
At its August 2004 meeting, the Urban Design and Historic Preservation
Commission recommended historic landmark designation of this property,
then located at 2406 9th Street, to the City Council via the Planning and
Zoning Commission. After the property was sold, Mr. Hardwicke donated
the building to the Interfaith Hospitality Network for Homeless Families
with Children. The building will be moved to the Interfaith site at 1511
Avenue M. The Urban Design and Historic Preservation Commission and
the Zoning Board of Adjustment have approved the moving of the
building.
Selected History of the Benson Home:
William Dub (W. D.) Benson and wife Corrie built this 1-%2 story wood
frame home around 1910. Benson was an attorney and prominent town
booster, and the Bensons lived in the home until 1923. The home was
located on the northwest corner of Avenue K and 14th Street, facing east.
The Victorian or Queen Anne style was widely used in Lubbock at this
time, but this house is one of the few examples remaining in the city. After
1923, several people owned the house and in 1948, the 14th Street and
Avenue K property was sold to Citizens National Bank, which eventually
constructed the Citizens National Bank office tower on the corner of 14th
Street and Avenue K. The house was sold to Jessie L. Riek, who moved it
to 2406 9th Street near Texas Technological College. The house was
eventually added onto and subdivided into apartments.
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Page 514
In 2004, the house is again moving in the name of progress as the
redevelopment of North Overton moves into full swing. The house will be
relocated to 1511 Avenue M to provide additional facilities for the
Interfaith Hospitality Network.
The Planning Commission recommended approval of the request.
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation of the Urban Design and Historic
Preservation Commission and the Planning Commission.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00145 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(32.) Ordinance No. 2004-00146 - ZONE CASE NO. 915-C (33 Briercroft
Office Park): Hold a public hearing to consider the request of Next
Media Corp. (for KLLL-FM/KMMY-FM/Kone FM/Kote FM) for a
zoning change from R-3 Specific Use to R-3 Specific Use for a 70-foot
tall communication tower (radio) on Lot 33, Briercroft Office Park
Addition, first reading).
ORDINANCE NO. 2004-00146
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 915-C; A ZONING CHANGE FROM R-3 SPECIFIC
USE TO R-3 SPECIFIC USE FOR A 70 FOOT TALL COMMUNICATION TOWER
(RADIO) ON LOT 33, BRIERCROFT OFFICE PARK ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:56 a. in. No one
appeared on behalf of KLLL-FM/KMMY-FM/Kone FM/Kote FM. No
one appeared in opposition. Mayor McDougal closed the hearing at 10:56
a. m.
The request would accommodate a replacement tower for the transmitting
facility of KLLL FM. Adjacent land use is commercial in all directions.
The applicant has an existing tower that is approximately sixty feet in
height.
The proposed replacement is approximately seventy -feet in height.
The objective of the station for the replacement is increased stability and
safety. The current tower is self-supporting but does not have the
engineering qualities of the proposed replacement. The tower supports
microwave equipment that requires more structural integrity than cell
towers.
The request does not represent a Comprehensive Land Use Plan level
issue, since a tower has been in place at the location for years. The request
will have no effect on the thoroughfare system.
The Planning and Zoning Commission recommended approval of the
request.
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00146 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 30.
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11:29 A. M. Cable Television Franchise
Items 32A-33 were considered following Item 30.
(32A.) Conduct a public hearing to consider an application for a cable
television franchise by NTS Communications, Inc. and to receive
public comment upon such application.
Mayor McDougal opened the public hearing at 11:29 a. m. Mitch Elliott,
Vice President of Network Finance, appeared on behalf of NTS
Communications, Inc. No one appeared in opposition.
Tom Adams, Deputy City Manager answered questions from council
members referencing the build -out.
Don Vandiver, Attorney of Counsel, answered question from council
members referencing universal service. This means if there are forty
houses within a mile of cable plant, service is required to be provided.
Mayor McDougal asked if NTS could live with changing the current
projects areas to 1-2 years (as proposed); 3-6 years; 7-10 years; and no
requirement until a density issue exists. Mr. Elliott stated they wanted a
plan they could attain and stressed that the 15 years was important to NTS.
Mayor McDougal closed the hearing at 11:51 a. m.
(32B.) Ordinance No. 2004-00148 granting NTS Communications, Inc. a
cable television franchise first reading)
ORDINANCE NO.2004-00148
AN ORDINANCE GRANTING TO NTS COMMUNICATIONS, THE RIGHT,
PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE BOUNDARIES OF
THE CITY OF LUBBOCK A CABLE SYSTEM; AND PROVIDING THEREIN FOR
DEFINITIONS; SERVICES, EQUIPMENT AND FACILITIES; A TERM;
FRANCHISE FEES; INSURANCE; OTHER DUTIES; AMENDMENT;
ACCEPTANCE OF FRANCHISE; RATES; PUBLICATION; AN EFFECTIVE DATE;
AND A SAVINGS CLAUSE.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00148
with changes as follows: the current projects areas to 1-2 years; 3-6 years;
7-10 years; and no requirement for service except when after 10 years, the
density requirement is reached.. Motion carried: 6 Yeas, 1 Nay. Mayor
McDougal voted Nay.
11:55 A. M. Annexation
(33.) Resolution No. 2004-RO576 - Hold a public hearing regarding a
petition for annexation by the owner of property located north of
Erskine Street and east of North Milwaukee Avenue, and consider
adoption of a resolution accepting the parcel of land for annexation to
the City (Planning).
RESOLUTION NO. 2004-RO576
WHEREAS, the owners of certain real property further described in Exhibit A
hereto near the intersection of North Milwaukee Avenue and Erskine Street have filed a
petition requesting annexation of said property with the City of Lubbock on the 23`d day
of November, 2004; and
WHEREAS, the City Council has heard arguments for and against the requested
annexation at a meeting conducted on the 7`h day of December, 2004; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the citizens of the City of Lubbock to grant said Petition for Annexation;
NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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Page 516
SECTION 1: THAT, pursuant to Chapter 43 of the Local Government Code, the
City of Lubbock hereby grants the Petition for Annexation attached hereto as Exhibit A,
which is incorporated herein and made a part hereof for all intents and purposes.
SECTION 2. THAT the City Planning Department and the City Attorney shall
prepare an annexation Ordinance for consideration by the City Council to annex the
property described in Exhibit A hereto into the City of Lubbock.
Passed by the City Council this 7 h day of December, 2004
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s' Randy Henson
Randy Henson, Senior Planner
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of Exhibit A is filed with Resolution No. 2004-R0576.
Randy Henson, Senior Planner, gave comments.
Mayor McDougal opened the public hearing at 11:55 a. in. No one
appeared on behalf of the owner. No one appeared in opposition. Mayor —
McDougal closed the hearing at 11:56 a. in.
Texas State law allows a home rule City to annex a parcel of land with
fewer than three occupants and less than one half mile in width, that is
adjacent to the current city limit, by simply accepting a petition and
adopting an ordinance. Although the state law does not specifically require
a public hearing, staff is requesting that Council open the item for
discussion by the public as a public hearing, then consider adoption of a
resolution directing an ordinance be prepared for the next available City
Council meeting.
The applicant for the annexation owns the approximate 67 acres and is in
the process of developing a residential community targeted for senior
citizens, with an accompanying commercial parcel at the corner of Erskine
Street and North Milwaukee Avenue in accordance with the
Comprehensive Land Use Plan.
FISCAL IMPACT:
None.
Staff recommended approval of this resolution.
At this time, Council Member Boren left the dais.
Council Member Price left the dais.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00576 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Council Members Boren and Price were away from the dais.
The next items considered were Items 39-40.
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Page 517
11:59 A. M. Special
Items 34-38 were considered following Item 43.
(34.) Hold a public hearing to levy the assessment for the North Point
Public Improvement District, which covers the area between Erskine
and Ursuline Streets, and between North Quaker Avenue to a line east
of Frankford Avenue.
Mayor Pro Tern Martin opened the public hearing at 11:58 a. in. No one
appeared on behalf of North Point Public Improvement District. No one
appeared in opposition. Mayor Pro Tern Martin closed the hearing at
11:58 a. in.
The purpose of this hearing is to allow the opportunity for property owners
in the proposed District to speak in favor of, or opposition to, the
assessment to be levied in the North Point PID. The North Point PID is a
defined assessment area providing specific types of public improvements
or maintenance of a given area. Council approved the calling of a Public
Hearing at their November 18, 2004 meeting. A Notice of Public Hearing
was published in the Avalanche Journal on Wednesday, November 24,
2004 and notices were mailed to the property owners on November 24,
2004 as required by statute.
FISCAL IMPACT:
Not applicable.
(35.) Ordinance No. 2004-00149 establishing classifications for
apportionment of costs and the methods of assessing special benefits
for the services and improvements of property in the North Point
Public Improvement District; approving, adopting and filing with the
City Secretary the Assessment Role; closing the hearing and levying
assessments for the cost of certain services and/or improvements to be
provided in the District during 2005 first reading).
ORDINANCE NO.2004-00149
AN ORDINANCE ESTABLISHING CLASSIFICATIONS FOR THE
APPORTIONMENT OF COSTS AND THE METHODS OF ASSESSING SPECIAL
BENEFITS FOR THE SERVICES AND IMPROVEMENTS OF PROPERTY IN THE
NORTH POINT PUBLIC IMPROVEMENT DISTRICT ("DISTRICT"); APPROVING,
ADOPTING AND FILING WITH THE CITY SECRETARY THE ASSESSMENT
ROLL; CLOSING THE HEARING AND LEVYING ASSESSMENTS FOR THE COST
OF CERTAIN SERVICES AND/OR IMPROVEMENTS TO BE PROVIDED IN THE
DISTRICT DURING 2005; FIXING CHARGES AND LIENS AGAINST THE
PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF;
PROVIDING FOR THE COLLECTION OF THE ASSESSMENT; AND PROVIDING
AN EFFECTIVE DATE.
This ordinance to levy assessments is the last activity in the PID
establishment process. This item is preceded by a Public Hearing, which
allows property owners in the District to speak in favor of, or in opposition
to, the assessment rate pursuant to Chapter 372 of the Texas Local
Government Code. The proposed assessment rate for 2005 is $0.14 per
$100 of valuation through year 2010, decreasing to $0.04 per $100 of
valuation in 2011.
FISCAL IMPACT:
The funds raised by the assessment will be used to maintain the common
areas on North Slide Road and adjacent right-of-way, create and maintain
green space located under a utility easement, and enhance and maintain
amenities in the entry stations on North Slide Road.
Staff recommended approval of this ordinance.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass on first reading Ordinance No. 2004-00149 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
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Page 518
Mayor McDougal recused himself.
Council Member Boren was away from the dais.
11:59 A. M. Special
(36.) Hold a public hearing to levy the assessment for the North Overton
Public Improvement District, the boundary of which includes a
portion of the area between Fourth Street on the north, Avenue Q to
the east, Broadway Street on the south, and University Avenue to the
west.
Mayor Pro Tern Martin opened the public hearing at 11:59 a. m. No one
appeared on behalf of the North Overton Public Improvement District. No
one appeared in opposition. Mayor Pro Tern Martin closed the hearing at
11:59 a. m.
The purpose of this hearing is to allow the opportunity for property owners
in the proposed District to speak in favor of, or opposition to, the
assessment to be levied in the North Overton PID. The City is required to
hold a public hearing annually to levy the assessment. A Notice of Public
Hearing was published in the Avalanche Journal on Wednesday,
November 24, 2004 and notices were mailed to the property owners on
November 24, 2004 as required by statute.
FISCAL IMPACT:
Not applicable.
(37.) Ordinance No. 2004-00150 reviewing classifications for the methods
of assessing special benefits for the services and improvements of
property in the North Overton Public Improvement District;
approving, adopting and filing with the City Secretary the Assessment
Role; closing the hearing and levying assessments for the cost of
certain services and/or improvements to be provided in the District
during 2005 (first reading).
ORDINANCE NO.2004-00150
AN ORDINANCE REVIEWING CLASSIFICATIONS FOR THE METHODS
OF ASSESSING SPECIAL BENEFITS FOR THE SERVICES AND
IMPROVEMENTS OF PROPERTY IN THE NORTH OVERTON PUBLIC
IMPROVEMENT DISTRICT ("DISTRICT"); APPROVING, ADOPTING AND
FILING WITH THE CITY SECRETARY THE ASSESSMENT ROLL; CLOSING THE
HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
SERVICES AND/OR IMPROVEMENTS TO BE PROVIDED IN THE DISTRICT
DURING 2005; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN
THE DISTRICT AND AGAINST THE OWNERS THEREOF; AND PROVIDING FOR
THE COLLECTION OF THE ASSESSMENT.
Each year the City is required to review classifications for the methods of
assessing, approving, adopting and filing the assessment role with the City
Secretary and levying the assessment for the North Overton Public
Improvement District. This item is preceded by a Public Hearing, which
allows property owners in the District to speak in favor of, or in opposition
to, the assessment rate pursuant to Chapter 372 of the Texas Local
Government Code. The proposed assessment rate for 2005 is $0.15 per
$100 of valuation through year 2010, decreasing to $0.10 per $100 of
valuation in 2011. All property zoned commercial and high -density
residential under the City Zoning Ordinance will be assessed for 2005. All
single-family and duplex -zoned property will be assessed on a block -by -
block basis as public improvements to be maintained by PID funds are
completed in that block. Staff is not anticipating assessments on
single-family and duplex -zoned properties in 2005.
FISCAL IMPACT:
The assessments will go into a separate North Overton Public
Improvement District Fund. The funds raised by the assessment will be
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Page 519
used to provide security service, landscape maintenance and street and
pedestrian lighting maintenance on projects in the District.
Staff recommended approval of this ordinance.
Motion was made by Council Member Price, seconded by Council
Member Jones to pass on first reading Ordinance No. 2004-00150 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
Council Member Boren was away from the dais.
ORDINANCES FOR PASSAGE
Second Reading
(38.) ORDINANCE NO. 2004-00138—Abandoning and closing a 10-foot
alley and seven 20-foot alleys located in Blocks 31, 32, 33, 107, 108,
and 111, Overton Addition, 5th Street between Avenues R and T,
Overton Addition, 6th Street between Avenues R and T, Overton
Addition, and Avenue S between the north right-of-way line of 7th
Street and the south right-of-way line of 4th Street in the Overton
Addition to the City of Lubbock (1901 5th Street) (second and final
reading).
ORDINANCE NO.2004-00138
AN ORDINANCE ABANDONING AND CLOSING A 10-FOOT ALLEY AND
SEVEN 20-FOOT ALLEYS LOCATED IN BLOCKS 31, 32, 33, 107, 108, 1111)
OVERTON ADDITION, 5TH STREET BETWEEN AVENUE R AND AVENUE T,
OVERTON ADDITION, 6TH STREET BETWEEN AVENUE R AND AVENUE T,
OVERTON ADDITION, AND AVENUE S BETWEEN THE NORTH
RIGHT-OF-WAY LINE OF 7TH STREET AND THE SOUTH RIGHT-OF-WAY LINE
OF 4TH STREET IN THE OVERTON ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
These alley and street portions in the Overton Addition are being closed
for the new Wal-Mart as part of the McDougal North Overton
redevelopment project. This six -block area that includes the alley and
street closures is being replatted into Tract 14 and Tract 15, Overton Park
Addition. This ordinance was read for the first time at the November 18`h
City Council meeting as a regular agenda item. Approval of a drainage
plan and various other platting requirements remain to be completed.
FISCAL IMPACT:
Revenue to the City of $128,424.10.
The Right -of -Way Department recommended the approval of the second
reading of this ordinance. However, the final plat will not be recorded
until the drainage plan is approved and all other platting requirements
have been provided for the project.
Motion was made by Council Member Price, seconded by Council
Member Jones to pass on second and final reading Ordinance No.
2004-00138 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
Council Member Boren was away from the dais.
The next items considered were Items 41-42.
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Page 520
FINANCE
Other
Items 39-40 were considered following Item 33.
(39.) Resolution No. 2004-RO577 appointing Ray Hutchison of Vinson &
Elkins, L.L.P. of Dallas, Texas as Bond Counsel for the City.
RESOLUTION NO. 2004-R0577
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Letter of Engagement
between the City of Lubbock and Ray Hutchison of Vinson & Elkins, L.L.P. of Dallas,
Texas appointing Ray Hutchison of Vinson & Elkins, L.L.P. as bond counsel for the City
of Lubbock. Said Letter of Engagement 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 76' day of December, 2004
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld
Chief Financial Officer
APPROVED AS TO FORM:
/s/ Anita Burgess
Anita Burgess, City Attorney
The City wishes to engage bond counsel with extensive experience in the
law of state and local governments and their constitutional and statutory
authority to provide and finance public activities. It is also important to
appoint a firm with political leadership at both the state and federal levels.
Staff believes the appointment of Vinson & Elkins will provide
outstanding support for the City's debt financing activities.
FISCAL IMPACT:
Bond counsel fees are scheduled in the attached engagement letter. Bond
counsel fees, as with all other bond closing costs are paid from bond
proceeds as "costs of issuance."
The City Attorney and CFO/ACM recommended approval of this
resolution.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2004-RO577 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays,
Council Member Boren was away from the dais.
(40.) Resolution No. 2004-RO578 contracting with KPMG for the
September 30, 2004 external audit.
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Page 521
RESOLUTION NO.2004-RO578
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Agreement between the
City of Lubbock and KPMG LLP for auditing services. Said Agreement is attached
hereto and incorporated in this Resolution as if fully set forth herein and shall be included
in the minutes of the Council.
Passed by the City Council this 7t' day of December, 2004
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld
CFO/Assistant City Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2004-R578.
On August 5, 2003, the City of Lubbock entered into an agreement with
KPMG LLP of Dallas, Texas to perform its annual audit for the fiscal year
ended September 30, 2003. That agreement has two successive one-year
terms.
The City's Audit Committee is recommending that the agreement be
extended for the second year, for completion of the annual audit for the
fiscal year ended September 30, 2004 at an estimated cost of $255,000 for
fees and an additional estimated cost of $25,000 for expenses.
FISCAL IMPACT:
The estimated fees are $255,000. An additional $25,000 is expected for
expenses.
Amend the agreement with KPMG LLP for the annual audit for the fiscal
year ended September 30, 2004.
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass Resolution No. 2004-RO578 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Boren was away from the dais.
The next item considered was Item 43.
MISCELLANEOUS
Business Development
Items 41-42 were considered following Item 38.
(41.) Resolution No. 2004-RO580 authorizing an amendment to the
agreement between the City and McCanton Woods, Ltd. regarding
funding the right-of-way acquisition of Glenna Goodacre Boulevard
for implementation of the Second Amended Project Plan in the North
Overton Tax Increment Finance Reinvestment Zone.
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Page 522
RESOLUTION NO.2004-RO580
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor Pro Tem 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 to the
Agreement between the City of Lubbock and McCanton Woods, Ltd. regarding the
funding of right of way acquisition for the widening of Glenna Goodacre Boulevard in
the North Overton Tax Increment Finance Reinvestment Zone. Said Amendment is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 7t' day of December, 2004
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s / Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer, Managing Director
of Planning and Transportation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
This agreement is between the City and McCanton Woods, Ltd.
(McDougal Companies/Developer) regarding funding to acquire
right-of-way of specific properties on Glenna Goodacre Boulevard for the
implementation of the Second Amended Project Plan in the North Overton
TIF District. This street will be constructed to handle four lanes of traffic
and will include a boulevard. The purpose of this agreement is to contract
with McCanton Woods, Ltd. for right-of-way needed to construct Glenna
Goodacre Boulevard. The City/TIF is responsible for 60% of the cost of
acquisition (boulevard portion) and the other 40% is the responsibility of
the developer.
The City/TIF portion of the purchase amount of this right-of-way is
$1,709,786, which represents 60% of the right-of-way plus the attorney's
fees for condemnation of properties on Glenna Goodacre Boulevard. The
acquisition of these properties is needed in the implementation of the
Overton Park development project, which is consistent with the Second
Amended Finance and Project Plan adopted by the Board of Directors of
the North Overton Tax Increment Finance Reinvestment Zone.
FISCAL IMPACT:
The payment of this contract will come from TIF revenues. The payments
will be over a four-year period from 2007 through 2010.
Staff recommended approval of this resolution.
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass Resolution No. 2004-RO580 as recommended by
staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
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Page 523
Council Member Boren was away from the dais.
(42.) Resolution No. 2004-RO581 for the collection of assessments levied on
property within the North Overton Public Improvement District.
RESOLUTION NO.2004-RO581
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Pro Tem 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 Lubbock Central Appraisal District to provide all services
necessary for the collection of the assessments levied by the City Council against
property in the North Overton Public Improvement District. Said Agreement is
attached hereto and incorporated in this Resolution as if fully set forth herein and
shall be included in the minutes of the Council.
Passed by the City Council this 7 h day of December, 2004
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craija Farmer
Craig Farmer, Managing Director
of Planning and Transportation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
This agreement is between the City and the Lubbock Central Appraisal
District (LCAD). It will allow the LCAD to collect the assessments levied
by the City Council on property in the North Overton Public Improvement
District.
FISCAL IMPACT:
The cost of the collection services will be the cost per parcel, for all
parcels within the North Overton PID, for all other cities and independent
school districts as calculated in the agreement for Assessment and
Collection of Taxes between the City and the Appraisal District or '/ of
1 % of the annual collection budget of the Appraisal District, whichever is
greater. The compensation will be deducted from the total annual North
Overton PID assessments collected prior to the funds being forwarded to
the City. The Chief Financial Officer for the City has reviewed and
approved this agreement.
Staff recommended approval of this resolution.
Council Member Gilbreath stated that the wording under Fiscal Impact
was unclear. He stated that the "whichever is greater" clause gave him
heartburn.
Linda Chamales, Senior Attorney, Office Practice Section, stated that this
was based on the agreement the City of Lubbock has with the Appraisal
District for collection of taxes.
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Page 524
Rob Allison, Manager of Business and Neighborhood Development, stated
he would contact the Appraisal District and get an example of the formula
for Council Member Gilbreath.
Mayor Pro Tern Martin asked if Council could hold off on Item 42 until
they received clarification. Ms. Chamales stated that it would need to be
done today to meet deadlines.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2004-RO581 as recommended by
staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
Council Member Boren was away from the dais.
At this time, Council adjourned.
Other
(43.) Resolution No. 2004-RO579 appointing Dwight McDonald as a
Temporary/Substitute Judge of the Lubbock Municipal Court of
Record (Municipal Court).
RESOLUTION NO.2004-RO579
WHEREAS, sections 30.00007 and 30.00008 of the Government Code provides
for the appointment and assignment of temporary and substitute judges for municipal
courts of record; and
WHEREAS, Judge Jim Aldridge has resigned his position as a temporary and
substitute judge of the Municipal Court of Record; and
WHEREAS, the City Council and the Presiding Judge of the Lubbock Municipal
Court of Record desire to appoint a new temporary and substitute judge for the Lubbock
Municipal Court of Record; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby appoints Dwight
McDonald as temporary and substitute judge of the Lubbock Municipal Court of Record.
This appointment shall be effective upon final passage of this Resolution by the City
Council of the City of Lubbock. The term of office shall be for two years and the salary
shall be as provided by the City of Lubbock budget ordinance for such position.
Passed by the City Council this 7`h day of December, 2004
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert A. Doty
Robert Doty, Presiding Municipal Judge
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
This item was considered following Item 40.
It is necessary to appoint a new Temporary/Substitute Judge to replace Jim
Aldridge on the panel of Night Magistrates.
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Page 525
FISCAL IMPACT:
None. Pay for the position is already budgeted annually.
The Presiding Judge recommended the appointment of Dwight McDonald
to the Panel.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO579 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Boren was away from the dais.
The next items considered were Items 34-38.
12:07 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Council Member
Price made a motion and Mayor Pro Tern Martin adjourned the meeting.
Read and approved this day of .
ARC MC GAL, MAYOR
ATTEST:
Rebecca Garza, City Secretary
525