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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). 495 Regular City Council Meeting December 7, 2004 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; .., Regular City Council Meeting December 7, 2004 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. 497 Regular City Council Meeting December 7, 2004 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. .W Regular City Council Meeting December 7, 2004 Page 499 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. 499 Regular City Council Meeting December 7, 2004 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 - $104,999.72 500 Regular City Council Meeting December 7, 2004 Page 501 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 501 Regular City Council Meeting December 7, 2004 Page 502 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 502 Regular City Council Meeting December 7, 2004 Page 503 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. 503 Regular City Council Meeting December 7, 2004 Page 504 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. 504 Regular City Council Meeting December 7, 2004 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 505 Regular City Council Meeting December 7, 2004 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. 506 Regular City Council Meeting December 7, 2004 Page 507 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. 507 Regular City Council Meeting December 7, 2004 Page 508 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 508 Regular City Council Meeting December 7, 2004 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. 509 Regular City Council Meeting December 7, 2004 Page 510 (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 510 Regular City Council Meeting December 7, 2004 Page 511 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. 511 Regular City Council Meeting December 7, 2004 Page 512 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). 512 Regular City Council Meeting December 7, 2004 Page 513 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. 513 Regular City Council Meeting December 7, 2004 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. 514 Regular City Council Meeting December 7, 2004 Page 515 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: 515 Regular City Council Meeting December 7, 2004 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. 516 Regular City Council Meeting December 7, 2004 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. 517 Regular City Council Meeting December 7, 2004 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 518 Regular City Council Meeting December 7, 2004 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. 519 Regular City Council Meeting December 7, 2004 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. 520 Regular City Council Meeting December 7, 2004 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. 521 Regular City Council Meeting December 7, 2004 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. 522 Regular City Council Meeting December 7, 2004 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. 523 Regular City Council Meeting December 7, 2004 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. 524 Regular City Council Meeting December 7, 2004 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