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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/27/2005CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING January 27, 2005 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 27th day of January, 2005, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council Member Gary O. Boren, Council Member Linda DeLeon, Council Member Jim Gilbreath, Council Member Phyllis Jones, Council Member Floyd Price Absent: No one CITIZEN COMMENTS Two citizens expressed comments to the Council. They were: Vance Scoggin of 3407 37 h expressed his interest in beautifying the City of Lubbock Cemetery after his wife died. He stated he had been informed by Mayor Pro Tem Martin that this project was already underway. Jimmy May expressed concern in the revitalization of 34`h Street. He requested a copy of what the plans are since he has a business on 341h Street. Council Member Boren asked Rob Allison, Business Development Director, to provide Mr. May with a copy of the presentation from Item #57 on today's regular agenda. 7:33 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. EXECUTIVE SESSION Mayor McDougal stated: "City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to pending or contemplated litigation; the purchase, exchange, lease, or value of real property; personnel matters; competitive matters of the public power utility; 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 as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 9:35 A. M. CITY COUNCIL REGULAR MEETING CONVENED 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; and Rebecca Garza, City Secretary Absent: No one Regular City Council Meeting January 27, 2005 Page 68 Mayor McDougal called the meeting to order at 9:35 A. M. ( 7.) Invocation by Pastor E. L. Bynum, Tabernacle Baptist Fundamental Church. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. The next item considered was Item 11. BOARD APPOINTMENTS RECOGNITION Lubbock Housing Authority Receiving: Pat Colby CITIZEN APPEARANCES ( 9.) Presentation of a proclamation for the Day of Prayer and Fasting. Mayor McDougal and Council Member Boren invited Steve Doles of Pray Lubbock and County Judge Tom Head to join them while the Mayor read a proclamation for the Day of Prayer and Fasting, which he proclaimed January 30, 2005 as that day. Steve Doles, Council Member Boren, and County Judge Tom Head gave comments. (10.) Presentation of a special recognition to the Texas Tech football team and coaches for their outstanding performance this season. Mayor McDougal invited Texas Tech Athletic Director Gerald Myers, Assistant Coach Dave Brown, players Sonny Cumbie and Mike Smith, Associate Athletic Director Craig Wells, and Assistant to the Athletic Department and Media Relations Steve Cook to join him while he read a special recognition to the Texas Tech football team. (11.) Presentation of employee recognitions to the Lubbock Police Department Mounted Unit for their outstanding service to the citizens of Lubbock. Board Appointments Recognition and Items 9-10 followed this item. City Manager Fox invited Corporal Chad Browillette and Sergeant Mark Wimms of the Mounted Unit to join him while he read the recognition from Mayor McDougal. Mayor Pro Tern Martin invited the rest of the Mounted Unit to join him. Chief Mann and Chief Jones also joined them. Council Member Price handed out the recognitions. CONSENT AGENDA (Items No. 12-28, 30-35) Motion was made by Mayor Pro Tern Martin, seconded by Council Member Gilbreath to approve Items 12-28 and 30-35 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (12.) Approval of Minutes: January 13, 2005 Regular City Council Meeting 68 Regular City Council Meeting January 27, 2005 Page 69 (13.) ORDINANCE NO.2005-00001—Repealing Ordinance No. 10208 and amending Chapter 6 of the Code of Ordinances of the City of Lubbock, Texas, by adding new Sections 6-82, 6-100.1, 6-100.2, and 6- 100.3 with regard to the addition of local provisions affecting the 2000 International Plumbing and Residential Codes and relating to the backflow prevention device testing program conforming to the requirements of the Texas Commission on Environmental Quality; providing a savings clause; providing a penalty clause; and providing for publication (Water Utilities) (second and final reading). ORDINANCE NO.2005-00001 AN ORDINANCE REPEALING ORDINANCE NUMBER 10208 AND AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING NEW SECTIONS 6-82, 6-100.1, 6-100.2 AND 6-100.3, WITH REGARD TO THE ADDITION OF LOCAL PROVISIONS AFFECTING THE 2000 INTERNATIONAL PLUMBING AND RESIDENTIAL CODES AND RELATING TO BACKFLOW PREVENTION AND THE ESTABLISHMENT OF A BACKFLOW PREVENTION DEVICE TESTING PROGRAM CONFORMING TO THE REQUIREMENTS OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION. (14.) ORDINANCE NO.2005-00003—Amending the FY 2004-2005 Budget (Amendment #4) (second and final reading). ORDINANCE NO.2005-00003 AN ORDINANCE MAKING CHANGES IN THE FY 2004-05 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. 1. Revising Electric, Water, Sewer, Solid Waste and Storm Drainage Funds: LP&L management has determined that wages need to be adjusted for various industry, business and competitive matters in order to best serve the needs of the Lubbock community. The specific details are outlined in the Executive Session item. Changes are necessary for the other Enterprise Funds because of their reimbursement of Utility Billing to the Electric Fund. 2. Revising Streets Capital Projects: The budget will be revised to cover the City's participation in the cost of the Slide Road widening north of Erskine Street associated with the platting of the North Point Addition. The request is to move $85,185 from two streets projects to the Subdivision and Assessment Paving Project. A separate resolution was on the agenda last City Council meeting recommending City Council accept the paving improvements and authorize payment to the developer of $120,714.30. 3. Adding a new Capital Project— City Council Conference Room: The City Council is in need of a new conference room to better accommodate the needs of the Council. The new conference room will be located on the 2"d floor of the Municipal Building and will be equipped for teleconference and media meetings. 4. Moving $10,000 from General Fund to Investment Fund: Z Regular City Council Meeting January 27, 2005 Page 70 A $10,000 appropriation from the General Fund fund balance will be made to the Investment Fund. A deficit is always maintained at fiscal year end in the Investment Fund because of timing differences in fund reimbursements. This transfer will eliminate the minimal structural deficit. 5. Accept and appropriate grant from Texas Department of State Health Services for Immunization Services: Funding will be received in the amount of $230,440. The grant will fund salaries and benefits for a Registered Nurse, Licensed Vocational Nurse and Secretary to provide Immunization Services. The contract will expire August 31, 2005. 6. Accept and appropriate grant from Texas Department of State Health Services for Bioterrorism Preparedness: Funding will be received in the amount of $547,791. The grant will cover Salaries and Benefits of $429,967, Supplies of $37,397, Equipment of $48,050, Professional Services for a Pharmacist of $4,800, Other Miscellaneous Expenses of $19,577, and Training and Travel Costs of $8,000. The contract will expire August 31, 2005. 7. Accept and appropriate grant from Texas State Library and Archives Commission for Loan Star Libraries Direct Aid Program: Funding will be received in the amount of $18,044. The grant will cover Payroll of $9,147 and Materials of $8,897. FISCAL IMPACT: 1. Revising Electric, Water, Sewer, Solid Waste and Storm Drainage Funds: The Electric Fund is budgeted to expend an additional $479,511 with this increase for the Electric Fund, the Water, Sewer, Solid Waste and Storm Water Funds will increase by the following amounts to pay for their utility billing allocation. • Water $110,352 • Sewer $ 63,374 • Solid Waste $ 13,563 • Storm Water $ 26,361 Total $213,650 The Water, Sewer, and Solid Waste funds are each reducing transfers into their capital project funds to fund the increase in billing charges. The Storm Water Fund is increasing its use of fund balance. The remaining difference of $265,861 is to be funded from Electric Fund operating revenues. 2. Revising Streets Capital Projects: It is recommended that $42,051 be used from the Subdivision and Assessment Paving Project, $50,185 be used from State and Federal Match, and $35,000 be used from the Frankford Avenue from 82°d to 981h Streets Project. This amounts to a total transfer of $85,185 into the Subdivision and Assessment Paving project, bringing the total available in this project to $127,236. The total needed for North Point Addition is $120,714. 70 Regular City Council Meeting January 27, 2005 Page 71 3. Adding new Capital Project — City Council Conference Room: The funding for the City Council Conference Room is to come from the Radio Shop Capital Projects Fund #326 retained earnings. 4. Moving $10,000 from General Fund to Investment Fund: There is no major impact associated with this transfer from the General Fund fund balance. 5. Accept and appropriate grant from Texas Department of State Health Services for Immunization Services: Grant provides citizens services without negatively impacting the General Fund. 6. Accept and appropriate grant from Texas Department of State Health Services for Bioterrorism Preparedness: Grant provides citizens services without negatively impacting the General Fund. 7. Accept and appropriate grant from Texas State Library and Archives Commission for Loan Star Libraries Direct Aid Program: Grant provides citizens services without negatively impacting the General Fund. Staff recommended approval of the second reading of this ordinance. (15.) ORDINANCE NO. 2005-00005—ZONE CASE NO. 2082-A (2720 and 2722 Auburn Street): Consider the request of Maggie Trejo (for the Community Housing Resource Board of Lubbock) for a zoning change from R-1 to R-2 with a condition on the east 50 feet and the center 50 feet of the south 132.5 feet of Block 57, Arnett and Benson Addition (second and final reading). ORDINANCE NO. 2005-00005 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2082-A; A ZONING CHANGE FROM R-1 TO R-2 ZONING ON THE EAST 50 FEET AND THE CENTER 50 FEET OF THE SOUTH 132.5 FEET OF BLOCK 57, ARNETT-BENSON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (16.) ORDINANCE NO. 2005-00006—ZONE CASE NO. 2256-A (south and east of the corner of East Kent Street and North Holly Avenue): Consider the request of James Kitten (for Lubbock County) for a zoning change from M-2 to M-2 Specific Use for a corrections facility on a 50.56 acre tract of unplatted land out of Block A, Section 41 (second and final reading). 71 Regular City Council Meeting January 27, 2005 Page 72 ORDINANCE NO. 2005-00006 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2256-A; A ZONING CHANGE FROM M2 TO M2 SPECIFIC USE FOR A CORRECTIONS FACILITY ON A 50.56 ACRE TRACT OF UNPLATTED LAND OUT OF BLOCK A, SECTION 41, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (17.) ORDINANCE NO. 2005-00007—ZONE CASE NO. 3028 (east of North Martin Luther King, Jr. Boulevard and south of East Regis Street): Consider the request of Hugo Reed and Associates, Inc. (for Hub of the Plains Partners VI, Ltd.) for a zoning change from R-1 to IDP (Industrial Park) on the south half of Block D-3, Section 1 (second and final reading). ORDINANCE NO.2005-00007 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3028; A ZONING CHANGE FROM R-1 TO IDP ZONING ON THE SOUTH HALF OF BLOCK D-3, SECTION 1, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (18.) ORDINANCE NO. 2005-00008—ZONE CASE NO. 2161-I (8910 University Avenue): Consider the request of G. Greenstreet, Inc. for a zoning change from A-1 to GO for professional offices on a 0.66 acre portion of land out of the northwest corner of Tract E, Summerfield Addition (second and final reading). ORDINANCE NO. 2005-00008 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2161-I; A ZONING CHANGE FROM A-1 TO GO ZONING ON A 0.66 ACRE PORTION OF LAND OUT OF THE NORTHWEST CORNER OF TRACT E, SUMMERFIELD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (19.) ORDINANCE NO. 2005-00009—ZONE CASE NO. 2178-I (west of Indiana Avenue and south of 981h Street): Consider the request of Hugo Reed and Associates, Inc. (for Danbe Partners, Ltd.) for a zoning change from A-1 to C-2 for a shopping center on an unplatted 0.6 acre tract of land out of Block E-2, Section 18 (second and final reading). ORDINANCE NO.2005-00009 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2178-I; A ZONING CHANGE FROM A-1 TO C-2 ZONING ON AN UNPLATTED 0.6 ACRE TRACT OF LAND OUT OF BLOCK E-2, SECTION 18, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 72 Regular City Council Meeting January 27, 2005 Page 73 (20.) ORDINANCE NO. 2005-00010—ZONE CASE NO. 3029 (2938 East Cornell Street): Consider the request of Hugo Reed and Associates, Inc. (for Tierra Unida Development) for a zoning change from R-1 to R-1 Specific Use for reduced setbacks, Block 1, Donlon Addition (second and final reading). ORDINANCE NO. 2005-00010 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3029; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR REDUCED SETBACKS ON BLOCK 1, DONLON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (21.) ORDINANCE NO. 2005-00002—Amending Ordinance No. 10007, Section 5 authorizing and allowing, under the act governing the Texas Municipal Retirement System, so as to make current service and prior service contributions to the City of Lubbock's account in the municipal accumulation fund of the Texas Municipal Retirement System at the actuarially determined rate of total employee compensation (second and final reading). ORDINANCE NO. 2005-00002 AN ORDINANCE AMENDING ORDINANCE 10007, SECTION 5 AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, SO AS TO MAKE CURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONS TO THE CITY OF LUBBOCK'S ACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM AT THE ACTUARIALLY DETERMINED RATE OF TOTAL EMPLOYEE COMPENSATION. The City of Lubbock is a participating municipality in the Texas Municipal Retirement System, which provides retirement and disability benefits. Annually an actuarial study of the City of Lubbock's account is performed to determine the rate necessary to fund the costs of all benefits, which are or may become chargeable or are to be paid out of the City's account. The actuarial experience investigation study has revealed the necessity by the Board of Trustees to reduce the actuarial interest rate and payroll growth assumptions utilized in calculating City contribution rates. These assumptions changes ensure that the City's TMRS Plan continues to be funded on an actuarially sound basis. Based on these new assumptions and the City's present benefit plan the new contribution rate effective January 1, 2005 will be 15.85%. This is an increase of 1.31% above the 2004 rate of 14.54%. This represents an increase of $769,000 over the principle period. This new amount has been included in the FY 2004-2005 adopted budget. This ordinance replaces Section 5 of Ordinance #10007 in which the City set the maximum statutory rate recommended by TMRS at 15.50%. FISCAL IMPACT: The $769,000 increase has been included in the FY 2004-2005 adopted budget. In FY 2003-2004 the City spent $8,409,627 for the TMRS benefit. For FY 2004-2005 $9,312,791 is budgeted. Of the total 10.73% increase from FY 2003-2004 actual, 9.14% is due to the increased required funding by TMRS, with the remaining 1.59% growth due to normal salary growth. 73 Regular City Council Meeting January 27, 2005 Page 74 Staff recommended approval of the second reading of this ordinance. (22.) Ordinance No. 2005-00011 abandoning and closing a 60-foot wide drainage easement located in Section 25, Block E-2, Lubbock County (5701 104`h Street) (Right -of -Way) first reading). ORDINANCE NO. 2005-00011 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT LOCATED IN SECTION 25, BLOCK E-2, 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 a 60-foot wide by 300-foot long drainage easement just south of 104`h Street at Elkhart Avenue that was dedicated with the West Lake Estates plat. The area south of this addition is being platted and a street dedicated and the easement is no longer needed. FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the first reading of this ordinance. (23.) Ordinance No. 2005-00012 abandoning and closing a 5-foot LP&L underground utility easement located on Lot 39, Renaissance Park Addition to the City of Lubbock (4821 5`h Street) (Right -of -Way) first reading). ORDINANCE NO.2005-00012 AN ORDINANCE ABANDONING AND CLOSING A 5-FOOT LP&L UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 39, RENAISSANCE PARK 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 a 5-foot LP&L underground utility easement located along the west 5 feet of Lot 39, Renaissance Park Addition. This easement was dedicated byVat in Volume 4934 page 83 and is located just east of Vale Avenue on 5` Street. This property is being re -platted for development purposes and LP&L is in agreement with the closure. A new easement will be dedicated in the re -platting process. FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the first reading of this ordinance. (24.) Ordinance No. 2005-00013 amending Section 6-19 of the Lubbock Code of Ordinances that amends Section 105.1 of the 1997 Uniform Building Code, establishing a master electrician on the Building Board of Appeals in lieu of a journeyman plumber (Building Inspection) first reading). 74 Regular City Council Meeting January 27, 2005 Page 75 ORDINANCE NO.2005-00013 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE MEMBERSHIP OF THE BUILDING BOARD OF APPEALS; PROVIDING AN EFFECTIVE DATE, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This is a follow-up to the recently approved ordinance that abolished the Board of Electrical Examiners due to assumption of electrician licensing and regulation duties by the State of Texas. Both the Electrical Board and the Building Board of Appeals recommended the inclusion of an electrical trade representative among the membership of the Building Board of Appeals. Since the plumbing trade is currently represented by two positions, it is logical to replace one of them in lieu of adding a 12`h member. Experience has also shown that the journeyman plumber, who works for a master plumber and is not a business owner, is rarely able to attend daytime Board meetings. FISCAL IMPACT: None. The Board of Electrical Examiners, the Building Board of Appeals, and staff recommended approval of the first reading of this ordinance. (25.) Ordinance No. 2005-00014 annexing an area of sparsely occupied land (north of Erskine Street and east of North Milwaukee Avenue) meeting the requirements of the State law for annexation by petition to the City of Lubbock, Texas upon petition of the landowners (Planning) first reading). ORDINANCE NO.2005-00014 AN ORDINANCE ANNEXING AN AREA OF SPARSELY OCCUPIED LAND TO THE CITY OF LUBBOCK, TEXAS, UPON PETITION OF AREA LANDOWNERS, WHICH AREA IS DESCRIBED HEREIN AND IS LESS THAN ONE-HALF MILE IN WIDTH, CONTAINS FEWER THAN THREE QUALIFIED VOTERS, AND IS CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The request is an annexation petition discussed by Council during a previous work session and public hearing. Adoption of this ordinance will complete the process. FISCAL IMPACT: Currently this property enjoys the agriculture exemption as provided for in Article 8, Section 1-d-1, Texas Constitution, and Chapter 23, Subchapter D, Tax Code. Due to the nature of this exemption, new revenue to the City will be insignificant. Staff recommended approval of the first reading of this ordinance. (26.) Resolution No. 2005-R0030 authorizing the Right -of -Way Department to make an offer to Xiwei Chen and Suhua Chen for a 10,094 square foot tract of land in Section 28, Block E-2, Lubbock County for the 50th Street Widening Project, Slide Road to Loop 289 (5311 501h Street) (Right -of -Way). 75 Regular City Council Meeting January 27, 2005 Page 76 RESOLUTION NO. 2005-R0030 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for 501h Street widening project from Slide Road to Loop 289 and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the tract of land fiu-ther described in Exhibit "A" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being Xiwei Chen and Suhua Chen, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $80,750.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title. Passed by the City Council this 27th day of January, 2005. /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 The City is in the beginning stages of acquiring right-of-way for the 501h Street Widening Project from Slide Road westward to Loop 289. There are 20 parcels to be acquired for this project. The City will be responsible for 100% of the right-of-way costs and the Texas Department of Transportation will pay for 80% of the construction. The resolution authorizes the Right -of -Way Department to make an offer to Xiwei Chen and Suhua Chen for the first parcel. This parcel is located on the south side of 50`h Street, just east of Bangor Avenue and is vacant land. Tommy Cantrell, M.A.I. is the appraiser for this project and appraised this 10,094 square foot tract of land at $8 per square foot for a total of $80,752 to be offered to the Chens. This resolution also authorizes the City to institute condemnation proceedings to acquire this property if the offer is refused. 76 Regular City Council Meeting January 27, 2005 Page 77 FISCAL IMPACT: Cost to the City of $80,752 from Account #915-9146-9280-40000, a Street Capital Projects account. The Right -of -Way Department recommended approval of this resolution. (27.) Resolution No. 2005-R0031 for the purchase of paratransit scheduling/dispatch software upgrade (Citibus). RESOLUTION NO.2005-R0031 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 sole source purchase order in the amount of $58,850.00 with Trapeze Group, Inc. for an upgrade to Citibus' paratransit scheduling/dispatch software program, and all 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 27th day of January, 2005. /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/ John Knight John Knight, Assistant City Attorney A copy of the Purchas Order is filed with Resolution No. 2005-RO031. This sole source purchase is for an upgrade to Citibus' paratransit scheduling/dispatch software. The software provides an efficient means of scheduling disabled passengers on the demand response service. The software was purchased from Multisystems in January 2003. Trapeze purchased Multisystems and acquired their client base at the end of 2003. Trapeze will no longer support the Multisystems software program. In order to convert all the Multisystems clients over to the Trapeze software they have offered, for a limited time, to provide the software for free. However, the cost of implementation and training for the schedulers, dispatchers, and supervisors is $58,850. Due to the scheduling/dispatch software upgrade, Citibus will also need to upgrade the software for the mobile data terminals that were purchased from Mentor Engineering. The software allows data to be sent between Trapeze and the mobile data terminals. The cost of implementation and training for this upgrade will be $17,230. Other manufacturers provide paratransit software, however, due to the fact that Trapeze is offering the software for free it would be cost prohibitive for Citibus to buy this type of software from another company. 77 Regular City Council Meeting January 27, 2005 Page 78 FISCAL IMPACT: The total cost for the upgrade to Citibus' paratransit scheduling/dispatch software is $76,080. The Federal Transit Administration will cover 80% of this amount and the remaining 20% will come from this year's Citibus budget. No additional funding will be needed from the City. New software would cost $80,000 plus the cost associated with the implementation and hardware upgrades. Citibus recommended the approval of a sole source purchase in the amount of $58,850 to Trapeze and $17,230 to Mentor Engineering. (28.) Resolution No. 2005-R0032 authorizing the City, the Traffic Engineering Department, and the Traffic Engineer to assist Texas Tech University, in particular Dr. C. W. Letchford, Professor of Civil Engineering, in his study of wind -induced fatigue of traffic control signal structures (Traffic Engineering). RESOLUTION NO.2005-R0032 WHEREAS, Texas Tech University is undertaking a research project concerning the wind induced fatigue of traffic control signal structures at its Reese Research facility; and WHEREAS, Dr. C.W. Letchford, professor of civil engineering, by letter dated December 14, 2004, which is attached hereto as Exhibit A, has requested that the City of Lubbock Traffic Engineering Department assist with said project; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the health, safety and welfare of the citizens of Lubbock and the State of Texas to assist in said project; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock and the Traffic Engineering Department and the Traffic Engineer of the City of Lubbock are hereby authorized and directed to assist Texas Tech University in is study of wind induced fatigue of traffic control signal structures as outlined in the letter from Dr. C.W. Letchford, professor of civil engineering at Texas Tech University. A copy of said letter is attached hereto as Exhibit A and shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of January, 2005. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Jeryl D. Hart Jeryl D. Hart, Jr., P.E., City Traffic Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel 78 Regular City Council Meeting January 27, 2005 Page 79 A copy of the letter as Exhibit A is filed with Resolution No. 2005-R0032. This resolution will authorize the City and the Traffic Engineering Department to provide assistance to Texas Tech University in the study of wind -induced fatigue in traffic control signal structures. The City will loan various equipment to Texas Tech University to use in their study. This research is vital to the Traffic Engineering Department with two significant equipment failures in the last eight years due to wind -induced fatigue. The most recent event occurred on December 21, 2004 at Avenue Q and Clovis Road. Results from their research can save the City thousands of dollars in equipment cost, reduce liability risk, and extend the life of most of the City's traffic signal poles. This is another excellent way to demonstrate the partnership between the City and Texas Tech University. FISCAL IMPACT: The initial cost will be approximately $2,00044,000 in equipment with the City retaining ownership. This initial equipment can be funded out of the City's reserve for repairs, so no budget increase is needed. Long term, this research may save $1,000-$3,000/year or greater. Staff recommended approval of this resolution. (29.) Acknowledge two appointments to the Board of Commissioners of the Housing Authority (City Secretary). This item was moved from consent agenda to regular agenda and considered following Item 35. The Housing Authority is a legal entity, with seven board members, two of whom are residents. Board members serve 2-year terms. All members are appointed by the Mayor without confirmation of the Council. New appointee: Pat Colby Reappointee: Chuck Key FISCAL IMPACT: Not applicable. Motion was made by Council Member Gilbreath, seconded by Mayor Pro Tem Martin to acknowledge the Mayor's appointment of Pat Colby to the Board of Commissioners of the Housing Authority. Motion carried: 7 Yeas, 0 Nays. The next items considered were Item 44-56. This item was reconsidered following Work Session reconvening at 1:07 P.M. Motion was made by Council Member Gilbreath, seconded by Council _ Member DeLeon to acknowledge the Mayor's reappointment of Chuck Key to the Board of Commissioners of the Housing Authority. Motion carried: 7 Yeas, 0 Nays. (30.) Acknowledge four reappointments to the Student — Community Task Force (City Secretary). The Student — Community Task Force consists of eight members, four of whom are representatives of the community and are selected by the Mayor, 79 Regular City Council Meeting January 27, 2005 Page 80 without confirmation of the Council. The following members have been reappointed to serve additional 2-year terms: Ronnie McClendon Ruth Schiermeyer Cyd Seideman Jack Thompson FISCAL IMPACT: Not applicable. (31.) Resolution No. 2005-R0033 — RFP #04-159/RW—Consider one resolution for Central Control Irrigation System (Parks and Recreation). RESOLUTION NO.2005-R0033 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 for a central control irrigation system, by and between the City of Lubbock and Watermaster Irrigation Supply, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of January, 2005. /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/ Linda L. Chamales Linda L. Chamales Senior Attorney/Office Practice A copy of the Contract is filed with Resolution No. 2005-R0033. The 1999 general obligation bond election included approximately $2.985 million to automate irrigation and lighting in the park system. Over the past several years, staff has researched centralized irrigation control systems as a means to better manage water resources. In August 2004, a high-tech Request for Proposal (RFP) was issued for a central control irrigation system. Respondents were asked to provide a proposal for a computerized irrigation control system as well as an implementation plan. The implementation plan includes soliciting bids for installation of the system at a later date. 80 Regular City Council Meeting January 27, 2005 Page 81 Six firms responded to the RFP and their written proposals were ranked as follows: Watermaster Irrigation Supply, Inc. of Lubbock, TX 77.3 Ewing Irrigation Products, Inc. of Carlsbad, CA 77.0 Interspec, LLC of Aubrey, TX 47.0 Wickham Supply, Inc. of Richardson, TX 35.7 Professional Turf Products of DFW Airport, TX 22.0 Equipment Supply Company of Lubbock, TX 19.7 The Parks and Recreation Director appointed a selection committee to review and rank the proposals submitted by the firms listed above. Criteria used for the evaluation included: 1. Price (20%) - How well does the cost balance added value? What are the short term and long term costs of the system operation? 2. Equipment Functionality (25%) - How well does the solution satisfy requirements? 3. Technical Support/Service (15%) - How reasonable is the support plan? 4. Corporate Experience (15%) - How successful is the firm/product with cities, counties, school districts or other corporate institutions? 5. Network/Functionality (15%) - How compatible is the solution to the City's network? 6. Implementation Plan (10%) - How reasonable is the implementation plan? After individually scoring the written proposals, the three highest ranked firms were selected for interviews and oral presentations. The final rankings of these firms are as follows: Watermaster Irrigation Supply, Inc. of Lubbock, TX 85 Interspec, LLC of Aubrey, TX 65 Ewing Irrigation Products, Inc. of Carlsbad, CA 57 Watermaster Irrigation Supply has an excellent working relationship with the Parks and Recreation Department and their Rainmaster Control System has been successfully implemented in other cities as well as at Texas Tech University. Sixty-five local businesses were notified of the Request for Proposal. FISCAL IMPACT: A total of $2,847,000 was appropriated with $1,450,000 available in Project 90015 (Irrigation/Lighting Automation) for this purpose. Staff recommended contract award to Watermaster Irrigation Supply, Inc. of Lubbock, Texas for $764,286.61. 81 Regular City Council Meeting January 27, 2005 Page 82 (32.) Resolution No. 2005-110034; Resolution No. 2005-110035; Resolution No. 2005-R0036 — BID #04-182/BM—Consider three resolutions for Water Treatment Chemicals for Water Treatment Plant — Annual Pricing (Water Treatment). RESOLUTION NO.2005-R0034 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 water treatment chemicals for water treatment plant — annual pricing, by and between the City of Lubbock and DPC Industries, Inc. of Sweetwater, 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 27th day of January, 2005. /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 Knijzht John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2005-R0034. RESOLUTION NO.2005-R0035 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 water treatment chemicals for water treatment plant — annual pricing, by and between the City of Lubbock and Lubbock Imports, Inc. of Lubbock, 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. 82 Regular City Council Meeting January 27, 2005 Page 83 Passed by the City Council this 27th day of January, 2005. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2005-R0035. RESOLUTION NO. 2005-R0036 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 water treatment chemicals for water treatment plant — annual pricing, by and between the City of Lubbock and Norit Americas, Inc. of Marshall, 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 27th day of January, 2005. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2005-R0036. The purpose of this bid is to establish annual pricing for the purchase of anhydrous ammonia, powdered activated carbon, and salt pellets for the carbon water softening system. These chemicals are used to ensure 83 Regular City Council Meeting January 27, 2005 Page 84 compliance with the Texas Commission on Environmental Quality rules and regulations on water treatment. Twenty local businesses were notified of the Invitation to Bid. FISCAL IMPACT: A total of $462,411 was appropriated with $462,411 available in Project 6345.8111 and 6347.8111 (Water Treatment Chemical Supplies and Water Production Chemical Supplies) for this purpose. Staff recommended contract award to DPC Industries, Inc. of Sweetwater, Texas for $31,596, Norit Americas, Inc. of Marshall, Texas for $67,200, and Lubbock Imports, Inc. of Lubbock, Texas for $984.90. (33.) Resolution No. 2005-R0037 — BID #04-192/MA—Consider one resolution for Contract Turf Maintenance for Various Parks and Properties (Parks and Recreation). This item was deleted on the posting agenda, but Council was not notified and took action; therefore, action is null and void and this item will be considered at a later date. In 2004 seven new parks were completed consisting of forty-eight acres of irrigated turf. This contract includes the mowing and trimming of these parks and is for the 2005 and 2006 mowing seasons. Thirty-eight local contractors were notified of the Invitation to Bid. FISCAL IMPACT: A total of $1,012,362 was appropriated with $967,085 available in Project 5221.8314 (Park Maintenance —Professional Privatization) for this purpose. Staff recommended contract award to Star Landscape Maintenance of Lubbock, Texas for $38,692. (34.) Resolution No. 2005-R0038 — BID #04-211/BM—Consider one resolution for West End Place Paving improvements — Phase I (Street Drainage Engineering). RESOLUTION NO.2005-R0038 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 for the West End Place paving improvements -phase 1, by and between the City of Lubbock and West Texas Paving, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Regular City Council Meeting January 27, 2005 Page 85 Passed by the City Council this 27th day of January, 2005. 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 /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 27th day of January, 2005, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and West Texas Paving, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #04-211-BM - WEST END PLACE PAVING IMPROVEMENTS - PHASE 1 - $170,995.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 85 Regular City Council Meeting January 27, 2005 Page 86 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Murleen Jarnagin CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: West Texas Paving, Inc. By: /s/ Darrell Jarnagin PRINTED NAME: Darrell Jarnagin TITLE: President COMPLETE ADDRESS: West Texas Paving, Inc. P.O. Box 64187 Lubbock, TX 79464 This project consists of improving a dirt road in a Community Development target area with hot mix asphaltic concrete. The proposed paving improvement will connect several paved streets including an arterial street and a collector street. The improvement will eliminate site drainage problems caused by drainage from improved areas outfalling to earthen ditches along this road. Paving 22"d Street between Milwaukee and Iola Avenues will help eliminate many continuous dust complaints and decrease Street Department maintenance requirements. Time for substantial completion of this project is 60 working days with liquidated damages of $200 per day. Sixty-three local contractors were notified of the Invitation to Bid. FISCAL IMPACT: A total of $290,000 was appropriated with $266,132 available in Project numbers 80013.9259, 80016.9259, and 6347.8111 (CDBG 02-03 Street Capital/CDBG 03-04 Street Capital) for this purpose. Staff recommended contract award to West Texas Paving, Inc. of Lubbock, Texas for $170,995. (35.) Resolution No. 2005-R0039 — BID #04-214/BM—Consider one resolution for Liquid Chlorine — Annual Pricing (Water Treatment and Water Reclamation). RESOLUTION NO.2005-R0039 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 Liquid chlorine — annual pricing, by and between the City of Lubbock and DPC Industries, Inc. of Sweetwater, 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. Regular City Council Meeting January 27, 2005 Page 87 Passed by the City Council this 27th day of January, 2005. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2005-R0039. This bid establishes annual pricing for the purchase of liquid chlorine to be used at the Water Reclamation Plant, Water Treatment Plant, and the Bailey County Pump Station. Liquid chlorine is required for the disinfection process in water treatment. Disinfection of water supplies for public consumption is required for compliance with Texas Commission on Environmental Quality rules and regulations. Liquid chlorine gas will be used as a disinfectant to treat effluent sold to Excel Energy and for stream discharge from the Southeast Water Reclamation Plant. The chlorine is used daily and is a requirement of our State Permit #10353-002. The plant's Texas Pollutant Discharge Elimination System Wastewater Permit #10353-002 requires that chlorine residual be maintained for Outfalls 001 and 004. Failure to do so is a violation of the plant's permit and possible fines may occur. Ten local businesses were notified of the Invitation to Bid. FISCAL IMPACT: A total of $248,973 was appropriated with $226,298 available in Project number 6411.8111 (Wastewater Treatment Chemical Supplies) for this purpose. A total of $462,411 was appropriated with $413,748 available in Accounts number 6345/6347.8111 (Water Treatment Chemical Supplies and Water Production Chemical Supplies) for this purpose. Staff recommended contract award to DPC Industries, Inc. of Sweetwater, Texas for $425,124. (36.) Resolution No. 2005-R RFP #04-217/RW—Consider one resolution for Aerial Photography and Digital Orthophotography 2005 (Planning). This item was deleted. 87 Regular City Council Meeting January 27, 2005 Page 88 ORDINANCES FOR PASSAGE Second Reading (37.) ORDINANCE NO. 2004-0147—ZONE CASE NO. 3026 (southwest corner of Slide Road and 103d Street): Consider the request of N. Cinc Development (for Slide Road-98th 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 (Jim Gilbreath recused) (second and final reading). This item was deleted. PUBLIC HEARINGS 10:42 A. M. Zoning Items 38-43 were considered following Item 56. (38.) Ordinance No. 2005-00017 — ZONE CASE NO. 1943-B (east of North Quaker Avenue and north of Erskine Street): Hold a public hearing to consider the request of David Holland (for Foundation Development for PRS/Anderson Lubbock, LLC) for a zoning change from R-1 to A-2 for apartments on a 22.025 acre tract of unplatted land out of Block A, Section 18. first reading). ORDINANCE NO. 2005-00017 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1943-11; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON A 22.025 ACRE TRACT OF UNPLATTED LAND OUT OF BLOCK A, SECTION 18, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:42 a. m. No one appeared on behalf of Foundation Development for PRS/Anderson Lubbock, LLC. No one appeared in opposition. Mayor McDougal closed the hearing at 10.55 a. m. The applicant is proposing zoning for apartments immediately west of a site under construction as apartments on Erskine Street between North Quaker and North Indiana Avenues (north of the Tech golf course). Adjacent land uses: North — Loop 289 South — Texas Tech University property East — Zoned and under construction as apartments West — vacant, zoned commercial The proposal is consistent with the Comprehensive Land Use Plan. The triangle between North Quaker Avenue, Erskine Street and Indiana Avenue is contemplated as commercial and high -density land use. The mile south of Erskine Street is occupied by the new golf course built by Texas Tech and little or no other development is expected in that square mile for a long while. The project meets zoning policy. The project will not have any greater impact on the thoroughfare system than anticipated. With access to Loop 289 and the new Red Raider Parkway (North Quaker Avenue) to the west and Indiana Avenue to the 88 Regular City Council Meeting January 27, 2005 Page 89 east, the parcel is well situated. The need to improve Erskine Street to full collector status will increase. The Planning Commission recommended approval of the request. FISCAL IMPACT: Not applicable. Staff supports the Planning Commission recommendation. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass on first reading Ordinance No. 2005-00017 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (39.) Ordinance No. 2005-00018 — ZONE CASE NO. 3031 (south of 83d Street and east of Upland Avenue): Hold a public hearing to consider the request of Bobby McQueen (for Russ Autry) for a zoning change from T to GO on lots 1 through 7, Westwood Addition. first reading). ORDINANCE NO.2005-00018 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3031; A ZONING CHANGE FROM T TO GO ZONING ON LOTS 1 THROUGH 7, WESTWOOD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:42 a. m. No one appeared on behalf of Russ Autry. No one appeared in opposition. Mayor McDougal closed the hearing at 10:55 a. m. The request will rezone a strip of lots developed as a part of the Westwood Subdivision, facing Upland Avenue, south of 82"d Street. Adjacent land use: North — commercially zoned, vacant South — residential East — residential West — commercial The prospect of the lots not being residential has always been anticipated since they face a major thoroughfare. When the area was annexed in 1999, the Comprehensive Land Use Plan was approved with the lots designated as T and continued to be anticipated as residential because of their platted status. That allowed the Planning Commission and City Council to adopt a wait and see policy versus designation of the lots as commercial. Approval of this request would contain a minor amendment for the Comprehensive Land Use Plan. The proposal in this case is for Garden Office zoning, and is considered within the conceptual guidelines of the Comprehensive Land Use Plan as an excellent buffer between either commercial and residential, or in this instance, between residential and a major thoroughfare. The project will not have any appreciable impact on the thoroughfare system that is not expected. Staff recommended a condition with regard to curb cuts on Upland Avenue because, under the current code, the strip is eligible for fourteen curb cuts on Upland Avenue (seven lots with two curb cuts each). E• . Regular City Council Meeting January 27, 2005 Page 90 Experience on 19th and 34 h Streets has taught us that that too many curb cuts is not an asset to the purpose of the thoroughfare, and not really an asset to the individual businesses since the curb cuts consume a lot of property that could be used for building square footage or parking. The Planning Commission recommended approval of the request with the following conditions (which will give the developer some flexibility as they market the land): 1(a). That a twenty -foot public access easement be dedicated across the entire frontage and that a maximum of four curb returns be allowed on to the development area from Upland Avenue, or 1(b). Prior to a construction permit on any parcel, the Planning Commission shall review and approve a traffic management plan expressly with regard to the number of curb cuts and access easements across the property. 2. A fence compatible with the fence on the north side of 83`d Street shall be installed on the east and south line of the parcel. 3. Construction shall be limited to single story construction. FISCAL IMPACT: Not applicable. Staff recommended approval of the first reading of this ordinance. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass on first reading Ordinance No. 2005-00018 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (40.) Ordinance No. 2005-00019 — ZONE CASE NO. 2189-B (north of 871h Street and east of University Avenue): Hold a public hearing to consider the request of Jan Thomas (for Mylyn Inc. d/b/a Greenwood Cove Apartments) for a zoning change from C-2 to A-1 for apartments on 1.78 acres of unplatted land out of Block E, Section 9. first reading). ORDINANCE NO.2005-00019 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2189-B; A ZONING CHANGE FROM C-2 TO A-1 ZONING ON 1.78 ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTION 9, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:42 a. m. No one appeared on behalf of Mylyn Inc. d/b/a Greenwood Cove Apartments. Curtis Kraus, a concerned citizen, appeared in opposition. Mayor McDougal closed the hearing at 10:55 a. in. The request is to rezone the property from the current C-2 to an A-1 district. Adjacent land uses: North — mini -warehouse development South — duplex construction East — across an alley, existing garden homes Regular City Council Meeting January 27, 2005 Page 91 West — commercial The proposal is consistent with the basics of policy created by the Comprehensive Land Use Plan. This area is not developed within the current guidelines of the Plan because of the amount of commercial that was in place when the mile south of 82"d Street was annexed. The lumberyard established the excessive lot depth of commercial from University Avenue, and finding users for the back portions of these lots has been difficult. The area to the north developed as a mini -warehouse project that exists behind the commercial on 82"d Street and University Avenue. Establishment of A-1 by this case, versus the existing C-2, is more in line with the theory of buffering the residential to the east (that faces Avenue X) from commercial. In this instance, the applicant has requested single story apartment construction, which should pacify the owners of garden homes on Avenue X versus the numerous uses that can be constructed on the existing C-2. The project is consistent with zoning policy and should have no greater impact on the thoroughfare system than anticipated. The Planning Commission recommended the request with one condition posed by the applicant: 1. Construction of the apartment units shall not exceed one story. FISCAL IMPACT: Not applicable. Staff recommended approval of the first reading of this ordinance. Randy Henson gave staff comments. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass on first reading Ordinance No. 2005-00019 as recommended by staff. Motion carried: 5 Yeas, 2 Nays. Mayor Pro Tern Martin and Council Member Price voted Nay. (41.) Ordinance No. 2005-00020 — ZONE CASE NO. 2508-D (proposed Cooper Creek Addition Phase II, 1111h Street between Canton and University Avenues): Hold a public hearing to consider the request of Rollo Gurss (for Triax Development) for a zoning change from T to R-1 and R-1 Specific Use for reduced front setbacks on a 10 acre tract of unplatted land out of Block E-2, Section 20. first reading). ORDINANCE NO.2005-00020 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2508-D; A ZONING CHANGE FROM T TO R-1 AND R-1 SPECIFIC USE FOR REDUCED FRONT SETBACKS ON A 10 ACRE TRACT OF UNPLATTED LAND OUT OF BLOCK E-2, SECTION 20, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:42 a. in. No one appeared on behalf of Triax Development. No one appeared in opposition. Mayor McDougal closed the hearing at 10:55 a. in. The applicant developed the residential area to the west and is requesting a section of new residential lots along 11 Ph Street be provided front and side setback within a Specific Use Permit. The request would allow a front 91 Regular City Council Meeting January 27, 2005 Page 92 setback of fifteen feet, but would prohibit any curb returns or parking pads in front of the homes. Adjacent land uses: North — residential South — residential East — residential West — residential The request is consistent with the Comprehensive Land Use Plan and zoning policies. Although most zone cases in the recent past have requested twenty feet of front setback, Mr. Gurss is requesting fifteen feet along with a stipulation that no curb ramps or front driveways be a condition of the case. The setback is the same as in the Specific Use District for garden and town homes when for portions of the home except a garage. The project is consistent with the concepts of less setback that has become the norm during the last five years. The project will not have a negative effect on the thoroughfare system. The Planning Commission recommended the request subject to the following conditions: 1. The homes will have a minimum fifteen -foot front setback. 2. The development is required to provide rear access garages with paved alleys. 3. No curb breaks for driveways or parking pads will be allowed on the front of any lot. 4. Side setback for corner lots shall be a minimum of five feet except that a garage must have twenty feet of setback. FISCAL IMPACT: Not applicable. Staff recommended approval of the first reading of this ordinance. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass on first reading Ordinance No. 2005-00020 as recommended by staff. Motion carried: 7 Yeas, 0 Nays Other (42.) Hold a public hearing on the Community Development Service Board's recommendations for the reallocation of Community Development Block Grant and Emergency Shelter Grant funds (Community Development). Mayor McDougal opened the public hearing at 10:56 a.m. No one appeared on behalf of Community Development Service Board. No one appeared in opposition. Mayor McDougal closed the hearing at 10:57 a.m. On January 12, 2005, the Community Development Services Board (CDSB) met to discuss the reallocation of $290,000 in unexpended 2004 CDBG funds and $10,000 in unallocated ESG funds. After reviewing the Council's priorities, the Board voted unanimously to approve the following funding recommendations. CDBG Funds: 92 Regular City Council Meeting January 27, 2005 Page 93 North & East Lubbock Economic Development Loan $ 40,000 Community Development Emergency Repair $ 30,000 Lubbock Interfaith Hospitality Network Rehab $ 75,000 Street Paving $130,000 (Guava Avenue from Cornell to Erskine Streets) Community Health Center of Lubbock Adult Dental $ 15,000 ESG Funds: Salvation Army Shelter Operations $ 5,000 Lubbock Interfaith Hospitality Network Operations $ 5,000 FISCAL IMPACT: There will be no impact on the General Fund by approving the re- allocation of these CDBG and ESG funds. Funds identified for reallocation are from past HUD grant projects that were under budget, and from program income generated from Community Development projects. Should Federal funds be cut or reduced, projects will be revised as needed. Community Development staff supports the Board's recommendations. (43.) Resolution No. 2005-R0045 approving the Community Development Service Board's recommendations for reallocation of unexpended 2004 funds from the Community Development Block Grant and Emergency Shelter Grant (Community Development). RESOLUTION 2005-R0045 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby accepts the recommendations for the reallocation of the unspent 2004 funds from the Community Development Block Grant and Emergency Shelter Grant as set forth in Exhibit "A". Said Exhibit "A" 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. 93 Regular City Council Meeting January 27, 2005 Page 94 Passed by the City Council this 27th day of January, 2005. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Exhibit "A" is filed with Resolution No. 2005-R0045. On January 12, 2005, the Community Development Services Board (CDSB) met to discuss the reallocation of $290,000 in unexpended 2004 CDBG funds and $10,000 in unallocated ESG funds. After reviewing the Council's priorities, the Board voted unanimously to approve the following funding recommendations. CDBG Funds: North & East Lubbock Economic Development Loan $ 40,000 Community Development Emergency Repair $ 30,000 Lubbock Interfaith Hospitality Network Rehab $ 75,000 Street Paving $130,000 (Guava Avenue from Cornell to Erskine Streets) Community Health Center of Lubbock Adult Dental $ 15,000 ESG Funds: Salvation Army Shelter Operations $ 5,000 Lubbock Interfaith Hospitality Network Operations $ 5,000 FISCAL IMPACT: There will be no impact on the General Fund by approving the re- allocation of these CDBG and ESG funds. Funds identified for reallocation are from past HUD grant projects that were under budget, and from program income generated from Community Development projects. Should Federal funds be cut or reduced, projects would be revised as needed. Community Development staff recommended approval of this resolution. 94 Regular City Council Meeting January 27, 2005 Page 95 Motion was made by Council Member DeLeon, seconded by Council Member Jones to pass Resolution No. 2005-R0045 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. ADMINISTRATIVE SERVICES Buddv Holly Center Items 44-56 were considered following Item 29. (44.) Resolution No. 2005-R0040 authorizing the Mayor to sign an agreement with the Lubbock Arts Alliance to administer the art grant program. RESOLUTION NO. 2005-R0040 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 the Lubbock Arts Alliance, Inc., to administer the Cultural Grants Program, and related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 27th day of January, 2005. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: _ /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Catherine Prose Catherine Prose, Buddy Holly Center Director APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2005-R0040. For the past 22 years, the City Council has partnered with Lubbock Arts Alliance, Inc., with the Arts Alliance managing a grant program designed to encourage and promote all forms of art in the Lubbock community. Funding for the grant program is allocated from 5.71429% of the total hotel/motel tax collected during the previous fiscal year. The 2005/2006 agreement provides for a total of $164,523 that is 5.71429% of the total hotel/motel tax collected during the fiscal year ended September 30, 2004. The agreement provides that a Joint Review Committee, represented by Lubbock Arts Alliance, Inc. and City Council appointees, evaluate applications from community arts organizations for the arts grants. The Grants Review Committee then makes recommendations to the City Council for awarding of the grant funds. Upon approval by City Council, Lubbock Arts Alliance, Inc., using funds received from the City, then allocates funds for the approved programs. 95 Regular City Council Meeting January 27, 2005 Page 96 Lubbock Arts Alliance, Inc. is responsible for monitoring and administering all aspects of the grant program. FISCAL IMPACT: The funding is budgeted in the FY 2004-2005 hotel/motel tax fund and no additional City funding is required. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Price to pass Resolution No. 2005-R0040 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (45.) Resolution No. 2005-R0041 approving recommendations from the Lubbock Arts Alliance, Inc. for the first two grant periods for 2004/2005. RESOLUTION NO. 2005-R0041 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and approves on behalf of the City of Lubbock the Lubbock Arts Alliance, Inc., to award all of the second period grants for 2004 recommended by the Lubbock Arts Alliance Grants Review Committee. The letter, dated January 12, 2005, from the Lubbock Arts Alliance requesting approval of the second period grants is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 27th day of January, 2005. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Catherine Prose Catherine Prose, Buddy Holly Center Director APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section A copy of the letter is filed with Resolution No. 2005-R0041. On February 19, 2004 the City Council approved an agreement to provide $157,120 to Lubbock Arts Alliance, Inc. The agreement stipulated that the funds be used to make grant awards to cultural arts organizations for the encouragement, promotion, improvement, and application of the arts and the promotion of tourism in the Lubbock community. The funds represent 5.71429% of the hotel/motel tax collected during the fiscal year ended September 30, 2003. In reviewing requests and developing funding recommendations for each application, the Grants Review Committee follows guidelines that were approved as part of the February 19, 2004 agreement. The Grants Review Committee, composed of City Council appointees and representatives of Lubbock Arts Alliance, Inc. evaluated W. Regular City Council Meeting January 27, 2005 Page 97 applications and submit their recommendations to the City Council for approval. City Council is asked to approve $62,704 in grant awards for the second grant period for 2004/2005. Thirteen applications were received by the December 1, 2004 deadline and eleven are recommended for full or partial funding. A listing of the recommendations and panel comments from the Lubbock Arts Alliance Grants Review Committee are included as an attachment. FISCAL IMPACT: The funding is budgeted in the FY 2004-2005 hotel/motel tax fund and no additional City funding is required. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Price to pass Resolution No. 2005-R0041 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Jones recused on this item. FINANCE (46.) Ordinance No. 2005-00015 amending the FY 2004-2005 budget (Amendment #5) first reading). ORDINANCE NO.2005-00015 AN ORDINANCE MAKING CHANGES IN THE FY 2004-05 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. 1. Establish a capital project for a new roof at the Silent Wings Museum: The Silent Wings Museum current roof needs to be replaced. The Museum currently holds the largest single collection of World War II military glider items in the world. The City cannot risk the loss of these historic items. The Museum Manager estimates that the collection contains over 10,000 individual photographs and documents alone. The number of artifacts is estimated to be over 10,000 items as well. The roof is projected to cost $400,000 and will be funded from the General Fund fund balance. The General Fund fund balance will be reduced by $400,000. However the $3.8 million transfer made earlier in the year from the Risk Management Internal Service Fund offsets this. 2. Transfer funding from Solid Waste fund balance to the Information Technology Internal Service Fund for aerial photography: At the last City Council meeting City Council received a report from the Planning staff about the urgent need for new aerial photography. In order for the contract to be awarded and implemented prior to the leaf season, a $200,000 transfer from the Solid Waste fund balance to the Information Technology Internal Service Fund Budget is recommended. September 30, 2004 net assets in the Solid Waste fund are $23,567,786 (unaudited) with more than $6 million in unrestricted 97 Regular City Council Meeting January 27, 2005 Page 98 cash and investments. This $200,000 transfer will not impact the Solid Waste operating budget or rates. 3. Establish a capital project for the Renovation of Station 13 located in northwest Lubbock: At the last City Council meeting, Chief Steve Hailey described the need to reopen Station 13. City Council approved this proposal. As was presented, this station is in need of upgrades in the amount of $85,000. The funding source for this renovation is unspent Series 1995 Certificate of Obligation bond proceeds originally allocated to the New Fire Station #6 project that is now closed with over $87,000 remaining. 4. Establish a capital project for the acquisition of property related to economic development: A new project will be established in the General Capital Projects Fund in the amount of $200,000 to be funded from revenue from the sale of property. 5. Authorize an additional fifteen full-time positions for the staffing of reopened Fire Station 13: Reopening of Fire Station 13 requires the addition of fifteen full- time positions. This will bring the number of authorized fire personnel to 290. The funding for the additional fifteen full-time positions will be requested if needed through the course of the fiscal year. Any savings identified within the existing budget will be used first. 6. Authorize one additional full-time position in the City Attorney's Office: The City Attorney's Office will staff a Legal Assistant position that was eliminated at the start of this fiscal year. Due to turnover and the loss of part-time staff, this position is needed. The funding for the additional position will be requested if needed through the course of the fiscal year. Any savings identified within the existing budget will be used first. 7. Transfer funding from the Solid Waste fund balance to the North and East Lubbock Development Commission and eliminate transfer from the Economic Development Fund to the North and East Lubbock Development Commission: The transfer of $250,000 from the Solid Waste fund balance to the North and East Lubbock Development Commission is for the 2"d payment of a four-year agreement totaling $1 million. The Adopted FY 2005 Economic Development Fund budget approved an allocation of $250,000 to North and East Lubbock Development, which is now eliminated. This $250,000 transfer will not impact the Solid Waste operating budget or rates. 8. Transfer funding from the Solid Waste fund balance to the Silent Wings Fund and eliminate the transfer from the Airport Operating budget to the Silent Wings Fund: 98 Regular City Council Meeting January 27, 2005 Page 99 The transfer from the Solid Waste fund balance to the Silent Wings Fund totals $51,106. This transfer into the Silent Wings Fund will eliminate the need for a transfer from the Airport Operating budget. The newly available funding in the Airport Fund will be distributed as follows: $10,000 — Aviation Maintenance, HVAC System $15,800 — Aviation Maintenance, Capital System Improvements for — purchase of trash compactor $15,306 — Airport Parking, Professional Services $10,000 — Capital Project, Industrial Buildings project This $51,105 transfer will not impact the Solid Waste operating budget or rates. 9. Transfer funding from the Solid Waste fund balance to the Sewer Fund: A $5,000,000 transfer will be made from the Solid Waste fund balance to the Sewer Operating Reserve and Sewer Rate Stabilization Reserve fund balance. This eliminates the need for rate increases specifically related to funding prudent reserve levels. This $5,000,000 transfer will not impact the Solid Waste operating budget or rates. 10. Establish a capital project for Water Rights acquisition: A new $1,327,714 project will be established in the Water Capital Fund for the purpose of water rights acquisition (Duncan property) in participation with the Canadian River Municipal Water Authority. The funding for the project comes from unspent proceeds of the Series 1999 Certificate of Obligation bonds totaling $1,538,447. Staff recommended approval of the first reading of this ordinance. Lee Ann Dumbauld, Chief Financial Officer, responded to questions from Council. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Price to pass on first reading Ordinance No. 2005-00015 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. MISCELLANEOUS Business Development (47.) Resolution No. 2005-R0042 authorizing the execution of an agreement between the City and Lubbock 3 Student Housing, L.P. (Dinerstein/developer) regarding the funding of public improvements in Phase One, Bond Issue Two, Project Four of the Project Plan for the North Overton Tax Increment Finance Reinvestment Zone. Regular City Council Meeting January 27, 2005 Page 100 RESOLUTION NO.2005-R0042 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tern 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 Lubbock Three Student Housing, L.P. regarding the funding of public improvements in Phase One, Bond Issue Two, Project One, of the Project Plan for the North Overton Tax Increment Finance Reinvestment Zone. 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 27th day of January, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM 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 A copy of the Agreement is filed with Resolution No. 2005-R0042. This agreement is between the City and Lubbock 3 Student Housing, L.P. (Dinerstein/developer). With the contract, the City agrees to dedicate and pledge the use of revenue in the Tax Increment Fund to participate in the cost of the public improvements for Phase One, Bond Issue Two, Project Four of the Project Plan as recommended by the Board of Directors of the North Overton Tax Increment Finance (TIF) Reinvestment Zone. This agreement delineates the division of funding for the public improvements as represented in Exhibit D (TIF participation) and Exhibit E (developer participation). The total amount of tax increment financing for public improvements shown in Exhibit D is $1,030,577. The clause pertaining to electric utilities has been added to the contract. FISCAL IMPACT: Funding identified in Exhibit D, $1,030,577 will be provided through the sale of debt related to the North Overton TIF public improvements. Staff recommended approval of this resolution. Motion was made by Council Member Gilbreath, seconded by Council Member DeLeon to pass Resolution No. 2005-R0042 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused on this item. 100 Regular City Council Meeting January 27, 2005 Page 101 Water Utilities (48.) Ordinance No. 2005-00016 adding Article XIX of Chapter 2 of the Code of Ordinances with regard to the creation, duties, terms and responsibilities of the Water Utilities Board; amending Article I, Section 2-3 of Chapter 2 of the Code of Ordinances to conform to changes made to the duties and responsibilities of the Director of Water Utilities; reserving specific powers to the City Council; providing a savings clause and providing for publication first reading). VOID Ordinance No. 2005-00016 ORDINANCE N0.2005-00016 was never finalized AN ORDINANCE ADDING ARTICLE XIX OF CHAPTER 2 OF THE CODE OF ORDINANCES WITH REGARD TO THE CREATION, DUTIES, TERMS AND RESPONSIBILITIES OF THE WATER UTILITIES BOARD; AMENDING ARTICLE I, SECTION 2-3 OF CHAPTER 2 OF THE CODE OF ORDINANCES TO CONFORM TO CHANGES MADE TO THE DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF WATER UTILITIES; RESERVING SPECIFIC POWERS TO THE CITY COUNCIL; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal asked that the Lubbock Water Advisory Commission be given opportunity to look at it. Motion was made by Council Member DeLeon, seconded by Council Member Price to pass on first reading Ordinance No. 2005-00016 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (48A.) Resolution No. 2005-R0043 authorizing the City to participate with the member cities of the Canadian River Municipal Water Authority to finance the purchase of water rights in the northern panhandle as part of the Conjunctive Use Groundwater Supply Project. RESOLUTION NO.2005-R0043 RESOLUTION AUTHORIZING THE CITY OF LUBBOCK TO PARTICIPATE WITH THE MEMBER CITIES OF THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY TO FINANCE THE PURCHASE OF WATER RIGHTS IN THE NORTHERN PANHANDLE AS A PART OF THE CONJUNCTIVE USE GROUNDWATER SUPPLY PROJECT WHEREAS, the Canadian River Municipal Water Authority (the "Authority") is in the process of acquiring additional water rights, including the Duncan Ranch water rights, and to investigate potential water rights purchases or other activities related to securing groundwater rights or improving the well field in connection with the Conjunctive Use Ground Water Supply Project ("Project"); and WHEREAS, the Member Cities have been participating according to fixed shares of the Project; and WHEREAS, except for the Cities of Lubbock and O'Donnell, the remainder of the Member Cities have funded their portion of the Project through the issuance of the Authority's Contract Revenue Bonds, Series 1996 and Contract Revenue and Refunding Bonds, Series 1999; and WHEREAS, the City of Lubbock and the City of O'Donnell had previously elected to self -fund its portion of the Project; and WHEREAS, the City of Lubbock had previously assumed the City of O'Donnell's share of the Project; and 101 Regular City Council Meeting January 27, 2005 Page 102 WHEREAS, the Canadian River Municipal Water Authority (the "Authority") has $2,207,482 remaining in its Project Account for funding the Conjunctive Use Ground Water Supply Project ("Project"); and WHEREAS, the amount attributable to the City of Lubbock in order to maintain the same relationship of participation in the Project is $1,327,714, representing $1,137,815 for the City of Lubbock and $9,899 for the City of O'Donnell; and WHEREAS, the City of Lubbock desires to pay its share of the above -described participation, being $1,327,714, in order to keep its original participation interest in the Project; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT SECTION 1. The City of Lubbock shall participate in the Project by providing $1,327,714 to the Authority to provide funds to maintain the City of Lubbock's historical participation interests in the Project. SECTION 2. That the City Secretary be and is hereby authorized to deliver certified copies of this Resolution and minutes pertaining to its adoption and the Amendment to the Conjunctive Use Groundwater Supply Agreement to the Secretary of the Canadian River Municipal Water Authority in such number as may be requested for said Authority's records and proceedings. Passed by the City Council this 27th day of January, 2005. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer /s/ Lee Ann Dumbauld Lee Ann Dumbauld, Chief Financial Officer APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney This resolution funds the City's share of funds remaining from the Canadian River Municipal Water Authority (CRMWA) bond issues in 1996 and 1999. The majority of the funds will be used to purchase the Duncan water rights for approximately $2,200,000. A portion of the funds may also be used to purchase additional groundwater rights, investigate potential groundwater rights purchases, fund other activities related to securing groundwater rights, or fund activities related to developing or maintaining existing or future groundwater rights. CRMWA sold $13,505,000 in bonds in 1996 and $52,825,000 in bonds in 102 Regular City Council Meeting January 27, 2005 Page 103 1999 to purchase and develop the groundwater rights for the current John C. Williams well field and transmission system. Lubbock provided its $31,700,000 share of the total project by issuing the Series 1999 Waterworks CO's. Remaining funds from the construction and interest of the two CRMWA bond issuances totals $2,207,482. It is CRMWA's intent to use these funds along with Lubbock's separate contribution of $1,327,714 to purchase the Duncan groundwater rights, purchase additional groundwater rights, investigate potential groundwater rights purchases, fund other activities related to securing groundwater rights, or fund activities related to developing or maintaining existing or future groundwater rights. The CRMWA Board has approved the purchase of approximately 8,777 acres of water rights from the Duncan Ranch in Hutchinson and Roberts County. CRMWA plans to use remaining principal and interest on the bonds from the original purchase of water rights for the John C. Williams Well Field to effect the purchase of the water rights. Since the City did not participate with CRMWA on the financing of the JCW Well Field the remaining bond funds and interest do not contain Lubbock funds. Consequently, the City needs to fund its share of the Duncan Ranch project to participate in the water allocation. FISCAL IMPACT: The City's share of this project is $1,327,714. This covers the cost of Lubbock's share of the project (i.e., 37.277%) but also, O'Donnell's share (0.28%) that Lubbock purchased in the JCW project. The funds will come from $1,538,447 in unspent series 1999 Waterworks CO's proceeds, which were issued for this purpose. Staff recommended approval of this resolution. Motion was made by Council Member DeLeon, seconded by Council Member Gilbreath to pass Resolution No. 2004-R0043 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. PLANNING AND TRANSPORTATION Streets and Paving (49.) Resolution No. 2005-R0044 approving the plans or schematics for paving improvements on 98"' Street from FM 1730 (Slide Road) to Frankford Avenue. RESOLUTION NO.2005-R0044 WHEREAS, the City Council on December 7, 2004, passed Resolution No. 2004-RO572 providing for the improvements of portions of 98`h Street from FM1730 (Slide Road) to Frankford Avenue in the City of Lubbock, Texas, and along the boundaries of said City, and directing preparation of plans and specifications covering the street as named in said Resolution; and WHEREAS, the City Engineer has prepared and filed with the City plans or —"" schematics and standard specifications for such improvements, and the same have been examined; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the plans or schematics and standard specifications submitted by the City Engineer covering improvements contemplated by said Resolution BE and the same are hereby approved. 103 Regular City Council Meeting January 27, 2005 Page 104 Passed by the City Council this 27th day of January, 2005. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales Senior Attorney/Office Practice This resolution is the second of five resolutions associated with an assessment program for the construction of paving improvements approved by the City Engineer. The improvements are as follows: 98' Street from FM 1730 (Slide Road) to Frankford Avenue The plans or schematics for the paving improvements have been prepared by Parkhill, Smith & Cooper, Inc. and City staff and are available for inspection in the City Engineer's office. FISCAL IMPACT: None. Staff recommended approval of this resolution. Motion was made by Council Member DeLeon, seconded by Council Member Price to pass Resolution No. 2004-R0044 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. BOARD APPOINTMENTS (50.) Consider two appointments to the Building Board of Appeals. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to appoint John Sweeney and Doug Biles to the Building Board of Appeals. Motion carried: 7 Yeas, 0 Nays. (51.) Consider one appointment to the Citizens Traffic Commission. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to appoint Donna Baker to the Citizens Traffic Commission. Motion carried: 7 Yeas, 0 Nays. (52.) Consider one appointment to the Community Development & Services Board. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to appoint Peter Laverty to the Community Development & Services Board. Motion carried: 7 Yeas, 0 Nays. 104 Regular City Council Meeting January 27, 2005 Page 105 (53.) Consider two appointments to the Joint Airport Zoning Board. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to appoint Dudley Favor and Paul Johnson to the Joint Airport Zoning Board. Motion carried: 7 Yeas, 0 Nays. (54.) Consider one appointment to the Libraries Board. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to appoint Karen Savage to the Libraries Board. Motion carried: 7 Yeas, 0 Nays. (55.) Consider one appointment to the National Windmill Project, Inc. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to appoint Cynthia Martin to the National Windmill Project, Inc. Motion carried: 7 Yeas, 0 Nays. (56.) Consider five appointments to the Zoning Board of Adjustment. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to appoint Elizabeth Longren to member position from alternate, to reappoint Darrell Hill and Mike Moss as alternates, to reappoint J.Q. Wamick as member, and to appoint Glen Robertson as an alternate to the Zoning Board of Adjustment. Motion carried: 7 Yeas, 0 Nays. 10:25 A.M. CITY COUNCIL RECESSED 10:42 A.M. CITY COUNCIL RECONVENED IN REGULAR SESSION Council Chambers The next items considered were Items 38-43. 11:00 A.M. CITY COUNCIL WORK SESSION CONVENED The next items considered were Items 58-59. 11:29 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 1:07 P.M. CITY COUNCIL RECONVENED IN WORK SESSION At this time, Item 29 was reconsidered Mayor McDougal was away from the dais. (57.) The final presentation of the Central Lubbock Stabilization and Revitalization Master Plan by Gould Evans. This item was considered following reconsideration of Item 29. Council Member Boren gave comments on the Stabilization and Revitalization Master Plan concept and reasons for doing the study. He also thanked the Mayor for his development foresight, Mayor Pro Tern Martin and Council Member Gilbreath for their input, and Rob Allison, Business Development Director. Mayor Pro Tern Martin gave comments on ideas and concepts of the plan and recognized the interest and effort the council members have given on implementing the first steps. Rob Allison, Business Development Director, expressed appreciation to the Council and the staff for their support in this project. He expressed 105 Regular City Council Meeting January 27, 2005 Page 106 how the citizens of Lubbock have been the driving force through this process. Glen LeRoy of Gould Evans (consulting firm) gave a presentation on different aspects of the Central Lubbock Stabilization and Revitalization Master Plan. He then answered questions from Council Members. (58.) Presentation of the North and East Lubbock Development Corporation quarterly reports. John Hall, Executive Director, gave a briefing on the past quarter of activities that the organization has been performing. He also give comments on upcoming events in the next quarter. Mayor McDougal advised that John Hall would be working with Rob Allison, Business Development Director, so that if he needs something from City Hall, he will have a source to go to. The Mayor also stated that anything coming before the Council is to go to the Northeast Development Corporation Board first and then be brought back as a recommendation to Council. (59.) Presentation of the "Giant Side of Texas" marketing video. Brad Moran with Lubbock Chamber of Commerce presented the marketing video, "Lubbock, The Giant Side of Texas". He then gave comments on some of the reasons Lubbock is considered the "Giant Side of Texas". On a lighter note, he asked members of City Council and the audience to stand and take the "Bragging Rights" oath (from a brochure handed out). 1:57 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pro Tern Martin adjourned the meeting. Read and approved this day of4LILLI 2005. ATTEST: Re ecca Garza, City Secretary 106