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Home My WebLink AboutMinutes - City Council - Regular - 2/10/2005CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING February 10, 2005 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the loth day of February, 2005, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:32 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Pro Tem Tom Martin, Council Member Linda DeLeon, Council Member Jim Gilbreath, Council Member Phyllis Jones, and Council Member Floyd Price Absent: Mayor Marc McDougal and Council Member Gary O. Boren CITIZEN COMMENTS Tony Thornton, President and CEO of Planned Parenthood requested that City Council check the wording of Item #32 on today's Consent Agenda which relates to approval of a contract between the City of Lubbock and SPAG for the 2-1-1 Information System because it may include language that would exclude referral of providers of abortion services. Even though Planned Parenthood is associated with agencies that perform abortions, they do not perform them in Lubbock. They also provide other vital services to the community and should not be excluded from the 2-1-1 Information System. Mayor Pro Tem Martin directed him to speak with City Attorney, Anita Burgess, regarding the wording of Item #32. EXECUTIVE SESSION Mayor Pro Tem Martin stated: "City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to pending or contemplated litigation; the purchase, exchange, lease, or value of real property; personnel matters; competitive matters of the public power utility as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:35 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present, except Mayor McDougal and Council Member Boren. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Cemetery; Planning and Transportation; Water Utilities). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Code Enforcement). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager; City Secretary) and take appropriate action. (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): Regular City Council Meeting February 10, 2005 Page 108 to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding operation, financial and capital statements and budgets, revenue and expense projections, strategic and business plans and studies of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency. 9:31 A. M. CITY COUNCIL REGULAR MEETING CONVENED City Council Chambers Present: Mayor Pro Tem Tom Martin; 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: Mayor Marc McDougal and Council Member Gary O. Boren Mayor Pro Tern Martin called the meeting to order at 9:31 A. M. (5.) Invocation by Father James Haney, St. Christopher's Episcopal Church. (6.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. Mayor Pro Tern Martin acknowledged Father James Haney's upcoming retirement. Father Haney gave comments. BOARD APPOINTMENTS RECOGNITION Building Board of Appeals Receiving: Doug Biles John Sweeney Citizens Traffic Commission Receiving: Donald Baker Community Development & Services Board Receiving: Peter Laverty Libraries Board Receiving: Karen Savage Zoning Board of Adjustment Receiving: Elizabeth Lonngren (Unable to attend) Glen Robertson CITIZEN APPEARANCES The first item considered was Item 9. (7.) Dr. Quest will appear to present comments regarding the history of Lubbock. This item was postponed until a later date. 1' Regular City Council Meeting February 10, 2005 Page 109 (8.) Recognition of District Chief Chris Angerer for receiving the 2005 Earl Malone Training Officer of the Year Award from the Texas Association of Fire Educators. City Manager Fox presented District Chief Chris Angerer with his award. Fire Chief Steve Hailey also gave comments. The next item considered was Item 10. (9.) Presentation of a proclamation/special recognition for Health, Fitness, and Nutrition Day to be celebrated on February 12, 2005. Mayor Pro Tern Martin presented on behalf of Mayor McDougal a proclamation/special recognition to Dee Dee Lewis and Janie Davis, both with Clear Channel Communications, for Health, Fitness, and Nutrition Day, which will be celebrated on February 12, 2005. Dee Dee Lewis gave comments on who the speakers were for this event. The next item considered was Item 8. CONSENT AGENDA (Items 10-34, 36-45) Motion was made by Council Member Gilbreath, seconded by Council Member Price to approve Items 10-34, 36-45 on consent agenda as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Council Member Boren were absent. Council Member Gilbreath recused on Item 28. (10.) Approval of Minutes: January 27, 2005 Regular City Council Meeting January 18, 2005 Work Session (11.) ORDINANCE NO. 2005-00011—Abandoning and closing a 60-foot wide drainage easement located in Section 25, Block E-2, Lubbock County (5701 1041h Street) (Right -of -Way) (second and final 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 100' Street at Elkhart Avenue that was dedicated with the West Lake Estates plat. This ordinance was read for the first time as a routine consent agenda item at the January 27, 2005 City Council meeting. FISCAL IMPACT: None, The Right -of -Way Department recommended approval of the second reading of this ordinance. 109 Regular City Council Meeting February 10, 2005 Page 110 (12.) 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 5th Street) (Right -of -Way) (second and final 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 ordinance was read for the first time as a routine consent agenda item at the January 27, 2005 City Council meeting. FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the second reading of this ordinance. (13.) 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) (second and final 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. (14.) 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) (second and final reading). 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 ordinance recently approved, which abolished the Board of Electrical Examiners due to assumption of electrician licensing and regulation duties by the State of Texas. Both the Electrical 110 Regular City Council Meeting February 10, 2005 Page 111 Board and the Building Board of Appeals recommended 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 twelfth member. Experience has also shown that the journeyman plumber, who necessarily works for a master plumber and consequently is not a business owner, is rarely able to attend daytime Board meetings. FISCAL IMPACT: None. Staff, as well as the Board of Electrical Examiners and the Building Board of Appeals recommended approval of the second reading of this ordinance. (15.) ORDINANCE NO. 2005-00017—ZONE CASE NO. 1943-B (east of North Quaker Avenue and north of Erskine Street): 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 (second and final 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-B; 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. (16.) ORDINANCE NO. 2005-00018—ZONE CASE NO. 3031 (south of 83d Street and east of Upland Avenue): Consider the request of Bobby McQueen (for Russ Autry) for a zoning change from T to GO on lots 1 through 7, Westwood Addition (second and final 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. (17.) ORDINANCE NO. 2005-00020—ZONE CASE NO. 2508-D (proposed Cooper Creek Addition Phase II, 1111h Street between Canton and University Avenues): 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 (second and final 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. Regular City Council Meeting February 10, 2005 Page 112 (18.) ORDINANCE NO. 2005-00015—Amending the FY 2004-2005 budget (Amendment #5) (second and final reading). ORDINANCE NO.2005-00015 AN ORDINANCE MAKING CHANGES IN THE FY 2004-05 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. FISCAL IMPACT: Establish a capital project for a new roof at the Silent Wings Museum: The Silent Wings Museum is in need of replacing the current roof. 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: 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 $196,711 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 is $23,567,786 (unaudited) of which there is more than $6 million in unrestricted cash and investments. This $196,711 transfer will not impact the Solid Waste operating budget or rates. Funding in the amount of $71,000 is also requested for aerial photography at Lake Alan Henry. At this point, no additional funding is needed; instead funding from the Water Fund Approved Budget has been identified and will be moved to the contractual services account in the Water Reservoir cost center. 3. Establish a capital project for the Renovation of Station 13 located in northwest Lubbock: At the January 13"' 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: 112 Regular City Council Meeting February 10, 2005 Page 113 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 North and East Lubbock Development Commission and eliminate transfer from Economic Development Fund to North and East Lubbock Development Commission: The transfer of $250,000 from the Solid Waste fund balance to 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 Airport Operating budget to the Silent Wings Fund: 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. 113 Regular City Council Meeting February 10, 2005 Page 114 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 — Duncan Property: 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 (CRMWA). The funding for the project comes from unspent proceeds of the Series 1999 Certificate of Obligation bonds totaling $1,538,447. 11. Establish a capital project in the Water Capital Projects Fund for Water Rights acquisition — Tidwell: A new $50,000 project will be established in the Water Capital Fund for the purpose of water rights acquisition in Bailey County (Tidwell property). The funding for the project comes from unspent proceeds of a capital project that is complete, 90278 Water Major Equipment Replacement — over $55,000 remains in this proj ect. 12. Establish a capital project in the Water Capital Projects Fund for emergency water repairs: A new $190,000 project will be established in the Water Capital Fund to fund emergency water repairs on Avenue U. This capital project will be funded through the Water Fund fund balance. 13. Forgive loan made to the General Fund from the Solid Waste Fund: The loan for $1,023,705 made to the General Fund from the Solid Waste Fund will not be paid back. The loan initially funded the purchase of police vehicles. Instead this loan will be forgiven. 14. Accept and appropriate a grant from the Texas Department of Housing and Community Affairs for the SPS Weatherization Assistance Program (WAP) — an energy conservation program: Funding will be received in the amount of $26,350. The grant will fund programs to assist low-income persons and families with energy conservation and energy efficiency. The grant pays up to $2,672 per case including program delivery costs. The contract will expire December 31, 2005. A separate item (Item #30) is on this same agenda requesting approval of the contract. 15. Accept and appropriate a grant from the Texas Department of Housing and Community Affairs for the Comprehensive Energy Assistance Program (CEAP) — an energy assistance program: Funding will be received in the amount of $360,072. The grant will fund programs to assist low-income persons and families with 114 Regular City Council Meeting February 10, 2005 Page 115 energy assistance and energy efficiency. This is accomplished by funding both sub -recipient programs and City programs that address this issue. The grant pays for both programmatic expenditures and administration of the funds. The contract will expire December 31, 2005. A separate item (Item #31) is on this same agenda requesting approval of the contract. 16. Accept and appropriate grant from the Texas Department of Housing and Community Affairs for the Community Services Block Grant: Funding will be received in the amount of $397,756. The grant will fund programs to assist low-income persons and families with Self - Sufficiency, Information and Referral, and energy assistance support. This is accomplished by funding both sub -recipient programs and City programs that address this issue. The grant pays for both programmatic expenditures and administration of the funds. The contract will expire December 31, 2005. A separate item approving the contract amendment has been previously approved. Staff recommended approval of the second reading of this ordinance. (19.) Ordinance No. 2005-00021 amending Chapter 2 of the Code of Ordinances of the City of Lubbock, Texas, with regard to the membership of the City of Lubbock Board of Health; providing a savings clause; and providing for publication (Health Department) first reading). ORDINANCE NO. 2005-00021 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE MEMBERSHIP OF THE CITY OF LUBBOCK BOARD OF HEALTH; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Lubbock Board of Health approved a motion 6-0 at its January 14, 2005 monthly meeting to recommended to City Council an expansion of the Board of Health membership from seven to nine. This will add diversity to the Board and provide the opportunity to enhance the expertise with the addition of other professions being represented on the Board, such as veterinarians, pharmacists, other allied health professionals, as well as the general public. The current professional make-up of the Board includes one restaurant entrepreneur, four physicians, one optometrist, and one dentist. In the past staff have had non -health related business owners, private citizens with an interest in health issues, veterinarians, and school nurses. Section 2-187 expands the Board of Health to nine members with terms of three years. Section 2-192 changes the concurring vote to five members of the Board for recommendations to City Council, with the majority of the total members of the Board constituting a quorum for the transaction of all matters to be considered. FISCAL IMPACT: The impact to the General Fund will be less than $25 per month. Health Department staff recommended approval of the first reading of this ordinance. 115 Regular City Council Meeting February 10, 2005 Page 116 (20.) Resolution No. 2005-R0046 authorizing the Right -of -Way Department to make an offer to the Trustees of the Faith Assembly of God Church, Lubbock, Texas, for a 3,750 square foot tract of land located in Lot 615, Richland Hills Addition to the City of Lubbock for the 50th Street Widening Project, Slide Road to Loop 289 (5426 50th Street) (Right -of -Way). RESOLUTION NO.2005-R0046 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 50`h 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 further 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 Trustees of the Faith Assembly of God Church, Lubbock, Texas, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $200,000.00 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 10th day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM 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 The City is in the beginning stages of acquiring right-of-way for the 50`h Street Widening Project from Slide Road westward to Loop 289. There will be 20 parcels acquired for this project. This resolution authorizes the Right -of -Way Department to make an offer to the Trustees of the Faith Assembly of God Church, Lubbock, Texas for one of these parcels. This parcel is located on the north side of 50`h Street, just east of Belmont Avenue. Tommy Cantrell, M.A.I., is the appraiser for this project and appraised this 3,750 square foot tract of land at $3 per square foot for a total of $11,295. Improvements taken are valued at $2,756 and the damages to the remainder of the property are valued at $185,949. The 116 Regular City Council Meeting February 10, 2005 Page 117 damages are due since the new right-of-way line intersects the very south end of the Church building and leaves it with zero setback from 50th Street. The total appraised value of the taking is $200,000, which is the recommended offer to the Trustees of the Church. This resolution also authorizes the City to institute condemnation proceedings to acquire this property if the offer is refused. FISCAL IMPACT: Cost to the City of $200,000 from account #915-9146-9280-40000, a Street Capital Projects account. The Right -of -Way Department recommended approval of this resolution. (21.) Resolution No. 2005-R0047 authorizing the Right -of -Way Department to make an offer to Dorothy Elizabeth Boyer, individually and as independent executrix of the estate of Jim Richard Boyer, deceased, for a 2,176 square foot tract of land out of Lot 1, Jim Boyer Office Park Addition to the City of Lubbock for the 50th Street Widening Project, Slide Road to Loop 289 (5313 C and D 50th Street) (Right-of- way). RESOLUTION NO.2005-R0047 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 50th 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 further 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 Dorothy Elizabeth Boyer, individually and as independent executrix of the estate of Jim Richard Boyer, deceased, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $31,000.00 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. 117 Regular City Council Meeting February 10, 2005 Page 118 Passed by the City Council this 1 Oth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM 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 The City of Lubbock is in the beginning stages of acquiring right-of-way for the 50th Street Widening Project from Slide Road westward to Loop 289. This resolution authorizes the Right -of -Way Department to make an offer to Dorothy Elizabeth Boyer for a parcel of land for this project. This parcel is located on the south side of 50th Street, immediately east of Bangor Avenue. Tommy Cantrell, M.A.I., is the appraiser for this project and appraised this 2,176 square foot tract of land at $8.50 per square foot for a total of $18,496, improvements taken of $1,536, and damages to the remainder of $10,968 for a total appraised value of $31,000, which is the recommended offer to Mrs. Boyer. This resolution also authorizes the City to institute condemnation proceedings to acquire this property if the offer is refused. FISCAL IMPACT: Cost to the City of $31,000 from account #915-9146-9280-40000, a Street Capital Projects account. The Right -of -Way Department recommended approval of this resolution. (22.) Resolution No. 2005-ROO48 authorizing the Right -of -Way Department to make an offer to CALAB, Inc. for a 2,348 square foot tract of land out of Lot 3, Jim Boyer Office Park Addition to the City of Lubbock for the 501h Street Widening Project, Slide Road to Loop 289 (5313 A and B 50th Street) (Right -of -Way). RESOLUTION NO.2005-ROO48 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 50th 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: 118 Regular City Council Meeting February 10, 2005 Page 119 SECTION 1. THAT the fee simple title to the tract of land further 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 CALAB, Inc., BE offered through the Right -of -Way Department of the City of Lubbock the amount of $35,500.00 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 1 Oth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM 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 The City of Lubbock is in the initial stages of acquiring right-of-way for the 50`h Street Widening Project from Slide Road westward to Loop 289. This resolution authorizes the Right -of -Way Department to make an offer to CALAB, Inc. for a parcel of land for this project. This parcel is located on the south side of 50`h Street, just east of Bangor Avenue. Tommy Cantrell, M.A.I., is the appraiser for this project and appraised this 2,348 square foot tract of land for $8.50 per square foot for a value of $19,958, improvements taken of $1,818, and damages to the remainder of $13,724 for a total appraised value of $35,500, which is the recommended offer to CALAB, Inc. This resolution also authorizes the City to institute condemnation proceedings to acquire this property if the offer is refused. FISCAL IMPACT: Cost to the City of $35,500 from account #915-9146-9280-40000, a Street Capital Projects account. The Right -of -Way Department recommended approval of this resolution. (23.) Resolution No. 2005-R0049 authorizing the Mayor to execute an agricultural lease with Kurtis Thomas — TKT Farms (northeast corner, FM 1585 and Milwaukee Avenue) (Right -of -Way). 119 Regular City Council Meeting February 10, 2005 Page 120 RESOLUTION NO.2005-R0049 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 Agricultural Lease Agreement, by and between the City of Lubbock and TKT Farms, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 1 Oth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Senior Attorney/Office Practice This one-year agricultural lease allows Kurtis Thomas of TKT Farms to farm the 160-acre City -owned tract of land at the northeast corner of FM 1585 and Milwaukee Avenue. FISCAL IMPACT: Annual revenue to the Water Fund from the sale of agricultural products. The Right -of -Way Department recommended approval of this resolution. (24.) Resolution No. 2005-R0050 authorizing the Mayor to execute a street use license with Wilkerson Storage Company for an underground communication cable in the street right-of-way of Elm Street (502 East 50th Street) (Right -of -Way). RESOLUTION NO.2005-R0050 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 for a Street Use License, by and between the City of Lubbock and Wilkerson Storage Company, 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 City Council. 120 Regular City Council Meeting February 10, 2005 Page 121 Passed by the City Council this 1 Oth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM 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 A copy of the Agreement is filed with Resolution No. 2005-R0050. This license was issued to Wilkerson Storage Company on February 14, 1985 to install an underground communication cable in the east right-of- way of Elm Street between East 50`h and East 64 b Streets. This license is for 20 years and expires in February. The licensee, Wilkerson Storage Company, has requested to renew the license for an additional 20 years. The City will receive $50 per year or $250 for the first five-year term. FISCAL IMPACT: Annual revenue of $50 to the City. The Right -of -Way Department recommended approval of this resolution. (25.) Resolution No. 2005-ROO51 authorizing the Mayor to execute a street use license with Gary D. Condra and Betty M. Condra for the use of a City street for an additional paved parking area (1306 16th Street) (Right -of -Way). RESOLUTION NO. 2005-R0051 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 for a Street Use License for a parking lot encroachment, by and between the City of Lubbock and Gary D. Condra and Betty M. Condra, 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 City Council. 121 Regular City Council Meeting February 10, 2005 Page 122 Passed by the City Council this 1 Oth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM 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 A copy of the Agreement is filed with Resolution No. 2005-RO051. Gary and Betty Condra purchased the building at the northwest corner of 16th Street and Avenue L that used to be a drive -through carwash, to renovate into an office building for their business. They are in the process of remodeling this building and the parking lot. They desire to utilize a portion of the parkway of 16`h Street for a paved parking area for 10 head in parking spaces. The parkway of 16th Street at this location is extra wide, 22.5 feet in width and they want to utilize 8.5 feet of the parkway leaving 14 feet of parkway area. The portion of 16th Street right-of-way to be used measures 8.5 feet north to south by 90 feet east to west for a total street area usage of 765 square feet. Using the street -use license formula to determine the amount due the City for this license, a value is determined of 765 square feet X $1.25 per square foot = $956.25 X 10% = $95.63 per year or $478.15 per 5-year term of this 20-year license. The Engineering and Planning Departments have reviewed this request and find it acceptable. FISCAL IMPACT: Annual revenue to the City of $95.63. The Right -of -Way Department recommended approval of this resolution. (26.) Resolution No. 2005-ROO52 authorizing a temporary overnight camping area in Mackenzie Park on Saturday, April 16, 2005, for the 4th Annual Lubbock Grand Prix to be held on Sunday, April 17, 2005, by the Montford Unit Volunteer Employees (Parks and Recreation). RESOLUTION N0.2005-R0052 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby authorize a temporary overnight camping area in MacKenzie Park on Saturday, April 16, 2005, for the 41h Annual Lubbock Grand Prix to be held on Sunday, April 17, 2005, by the Montford Unit Volunteer Employees, as set forth in Exhibit "A" hereto, which said Exhibit "A" is attached hereto and made a part hereof as if fully copied herein in detail. 122 Regular City Council Meeting February 10, 2005 Page 123 Passed by the City Council this 1 Oth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell Community Services Director APPROVED AS TO FORM: /s/ Amy_L. Sims Amy L. Sims Assistant City Attorney A copy of the Exhibit "A" is filed with Resolution No. 2005-R0052. The Montford Unit Volunteer Employees have asked permission to allow overnight camping in Mackenzie Park on April 16, 2005, the night before their motorcycle race benefiting the Special Olympics on Sunday, April 17, 2005. This will be the fourth year this race has been held in the undeveloped portion of Mackenzie Park, south of Parkway Drive and west of Oak Avenue. No campfires will be allowed, and porta-potties, extra trash cans, and security will be provided by the Montford Unit employees. Chapter 19-1(5) of the Code of Ordinances allows for the designation of camping areas. If approved by City Council, camping will be allowed on April 16-17, 2005, at the location indicated on the map. FISCAL IMPACT: None. On January 25, 2005 the Parks and Recreation Advisory Board approved recommendation of this request to City Council. Staff supports the approval of temporary overnight camping in Mackenzie Park by participants in the 4t' Annual Lubbock Grand Prix on April 16-17, 2005. (27.) Resolution No. 2005-ROO53 authorizing a temporary overnight camping area in McAlister Park by the South Plains Council of the Boy Scouts of America for a Boy Scout event on September 9-11, 2005 (Parks and Recreation). RESOLUTION NO. 2005-R0053 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby authorize a temporary overnight camping area in McAlister Park by the South Plains Council of the Boy Scouts of America for a Boy Scout event on September 9-11, 2005, as set forth in Exhibit "A" hereto, which said Exhibit "A" is attached hereto and made a part hereof as if fully copied herein in detail. 123 Regular City Council Meeting February 10, 2005 Page 124 Passed by the City Council this 1 Oth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell Community Services Director APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims Assistant City Attorney A copy of the Exhibit "A" is filed with Resolution No. 2005-R0053. The Chaparral District of the South Plains Council of the Boy Scouts of America is requesting use of an area of McAlister Park from September 9- 11, 2005, for an event called the Fall Camporee. This first time event will include various Boy Scout troops from the Lubbock area that will compete in a number of events. Organizers plan to set up for the event on Friday, September 9, beginning at 6:00 p.m. The event will end around Noon on Sunday, September 11. Events include camping for the older scouts (younger scouts will come out on Saturday only), first aid, cooking, dutch oven cooking, pioneering, derbies, kite flying, and games. All cooking will be done on a stove or in an above ground container. The public will be invited to observe the events. Chapter 19-1(5) of the Code of Ordinances allows for the designation of camping areas. If approved by City Council, camping will be allowed on September 9-11, 2005, at a location as indicated on the map. FISCAL IMPACT: None. On January 25, 2005 the Parks and Recreation Advisory Board approved recommendation of this request to City Council. Staff supports the approval of a temporary overnight camping area in McAlister Park for the South Plains Council of the Boy Scouts of America for a Boy Scout event on September 9-11, 2005. (28.) Resolution No. 2005-ROO54 ratifying the Mayor's execution of an agreement with Craig, Terrill, Hale & Grantham, L.L.P. for professional services to represent the City of Lubbock regarding the Oscar Renda Contracting, Inc. matter (Legal). 124 Regular City Council Meeting February 10, 2005 Page 125 RESOLUTION NO.2005-R0054 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council ratifies the action of the Mayor of the City of Lubbock in executing for and on behalf of the City of Lubbock, an Agreement for Professional Services by and between the City of Lubbock and Craig, Terrill, Hale & Grantham, L.L.P., regarding the Oscar Renda Contracting, Inc. matter. Said executed Agreement for Professional Services 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 1 Oth day of February 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Anita Burgess Anita Burgess, City Attorney APPROVED AS TO FORM: /s/ Anita Burgess Anita Burgess, City Attorney A copy of the Agreement for Professional Services is filed with Resolution No. 2005- R0054. Council Member Gilbreath recused on this item. The City of Lubbock has worked with this law firm in the past. This agreement is for the Firm to work on the Oscar Renda Contracting, Inc. matter. FISCAL IMPACT: Charges as agreed upon. The City Attorney recommended approval of this resolution. (29.) Resolution No. 2005-R0055 authorizing the Mayor to execute an agreement for professional services between the City and Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C. (Legao. RESOLUTION NO.2005-R0055 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 for Professional Services by and between the City of Lubbock and Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C., regarding the City's water matters. Said Agreement for Professional Services is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 125 Regular City Council Meeting February 10, 2005 Page 126 Passed by the City Council this 1 Oth day of February 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Anita Burizess Anita Burgess, City Attorney APPROVED AS TO FORM: /s/ Anita Burgess Anita Burgess, City Attorney A copy of the Agreement is filed with Resolution No. 2005-110055. The City of Lubbock has worked with this law firm on water issues in the past. This agreement is for the Firm to work on water rights for storm water, water supply matters including appropriate rights, reuse, and matters related to sewage. FISCAL IMPACT: Charges as agreed upon. The City Attorney recommended approval of this resolution. (30.) Resolution No. 2005-ROO56 authorizing the Mayor to execute the contract, and all related documents, between the Texas Department of Housing and Community Affairs and the City of Lubbock Community Development Department for the SPS Weatherization Assistance Program (Community Development). RESOLUTION NO.2005-ROO56 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, by and between the City of Lubbock and Texas Department of Housing and Community Affairs for the SPS Weatherization Assistance Program and all related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 126 Regular City Council Meeting February 10, 2005 Page 127 Passed by the City Council this l Oth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM 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 contract is filed with Resolution No. 2005-R0056. This is a renewal of a program that funds the testing of low-income persons' homes to determine the feasibility that some minor rehabilitation such as insulation, caulking, and replacing doors or windows would increase the energy efficiency of the home. Weatherization consists of several different sources. The source of funding for this contract is through the Texas Department of Housing and Community Affairs in the amount of $26,350. This is an electronic contract and can be viewed online in the Community Development office. FISCAL IMPACT: This grant will add funds to assist low-income families in making their homes more energy efficient. There will be no impact to the general fund as the program is 100% grant funded and there is no match required. The amended budget ordinance includes this item. The Community Development Service Board and staff recommended approval of this resolution. (31.) Resolution No. 2005-R0057 authorizing the Mayor to execute a contract, and all related documents, between the Texas Department of Housing and Community Affairs and the City of Lubbock Community Development Department for the Comprehensive Energy Assistance Program (Community Development). RESOLUTION NO. 2005-R0057 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, by and between the City of Lubbock and Texas Department of Housing and Community Affairs for the Comprehensive Energy Assistance Program and all related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 127 Regular City Council Meeting February 10, 2005 Page 128 Passed by the City Council this 1 Oth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM 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 contract is filed with Resolution No. 2005-R0057. This is a renewal of a program that funds utility assistance to low-income persons that targets the elderly, disabled, and those who qualify during an energy crisis. The program also allows the home to be inspected and to repair or replace HVAC or other appliances that are not energy efficient. The source of funding for this contract is a pass -through grant from the Texas Department of Housing and Community Affairs in the amount of $360,072. This is an electronic contract and can be viewed online in the Community Development office. FISCAL IMPACT: This grant will add funds to assist low-income families in making their homes more energy efficient and assist them with their energy bills. There will be no impact to the general fund as the program is 100% grant funded and there is no match required. The amended budget ordinance includes this item. The Community Development Service Board and staff recommended approval of this resolution. (32.) Resolution No. 2005-R0058 authorizing the Mayor to execute a Community Development funding contract, and all related documents, between the City of Lubbock and the South Plains Association of Governments for the 2-1-1 System (Community Development). 128 Regular City Council Meeting February 10, 2005 Page 129 RESOLUTION NO. 2005-R0058 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and the South Plains Association of Governments and all related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 1 Oth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM 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 contract is filed with Resolution No. 2005-R0058. Grantee: South Plains Association of Governments Program: Information and Referral Funding Source: 2005 Community Service Block Grant Use of Funds: Provide information and referral services to Lubbock County residents, and publication of an information and referral guide. Amount: $63,800 Term: February 10, 2005 to December 31, 2005 Fiscal Impact: This will be 100% grant funded from State grants; should the funding be reduced or eliminated, the contract allows the City to reduce or discontinue the program so there would be no impact to the General Fund. Comments: Funding for this project was approved by the Community Development Services Board. The contract is available for review in the City Secretary's Office. Community Development recommended approval of this resolution. 129 Regular City Council Meeting February 10, 2005 Page 130 (33.) Resolution No. 2005-R0059 authorizing the Mayor to execute a Community Development funding contract from the Community Development Block Grant, and all related documents, between the City of Lubbock and the North & East Lubbock Community Development Corporation (Community Development). RESOLUTION NO.2005-R0059 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and the North & East Lubbock Community Development Corporation from the Community Development Block Grant Program and all related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 1 Oth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM 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 contract is filed with Resolution No. 2005-R0059. Grantee: North & East Lubbock Community Development Corporation Program: Infrastructure Project Funding Source: 2004 Community Development Block Grant Use of Funds: Project will allow the funds to be used to construct necessary infrastructure for a housing development that will be located in East Lubbock. Amount: $250,000 Term: February 10, 2005 to September 30, 2006 Return of Investment: 25% of grant funds used will be paid back. Grantee will have the option of paying back in one lump sum 30 days after completion of the project or equal payments for up to ten years with no interest charged. 130 Regular City Council Meeting February 10, 2005 Page 131 Fiscal Impact: There is no fiscal impact on the General Fund with this project or contract. The funds used are Federal funds from the Community Development Block Grant. The maximum to be allocated to this project is $250,000. If the project runs over budget, neither Federal funds nor the General Fund will be impacted. As the Return of Investment is collected, the funds will be designated as Program Income and will be allocated to other Community Development projects. Comments: Funding for this project was approved by City Council during the June 29, 2004 meeting. The contract is available for review in the City Secretary's Office. Community Development recommended approval of this resolution. (34.) Resolution No. 2005-R0060 authorizing the Mayor to execute a Community Development funding contract from the HOME Investment Partnership Program, and all related documents, between the City of Lubbock and the North & East Lubbock Community Development Corporation (Community Development). RESOLUTION NO.2005-R0060 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and the North & East Lubbock Community Development Corporation from the HOME Investment Partnership Program and all related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 10th day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Isl Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: Is/ Amy Sims Amy Sims, Assistant City Attorney A copy of the contract is filed with Resolution No. 2005-R0060. Grantee: North & East Lubbock Community Development Corporation Program: Pre -development Project Funding Source: 2004 HOME Investment Partnership Program 131 Regular City Council Meeting February 10, 2005 Page 132 Use of Funds: Project will allow the funds to be used to pay for pre - development costs for a housing development to be constructed in East Lubbock. Amount: $56,100 Term: February 10, 2005 to September 30, 2006 Return of Investment: 25% of grant funds used will be paid back. Grantee will have the option of paying back in one lump sum 30 days after completion of the project or equal payments for up to ten years with no interest charged. Fiscal Impact: There is no fiscal impact on the General Fund with this project or contract. The funds used are Federal funds from the HOME Investment Partnership Program. The maximum to be allocated to this project is $56,100. If the project runs over budget, neither Federal funds nor the General Fund will be impacted. As the Return of Investment is collected, the funds will be designated as Program Income and will be allocated to other Community Development projects. Comments: Funding for this project was approved by City Council during the June 29, 2004 meeting. The contract is available for review in the City Secretary's Office. Community Development recommended approval of this resolution. (35.) Resolution No. 2005-R adopting the Central Lubbock Stabilization and Revitalization Master Plan as a general decision - making and implementation guide for the development of the area defined within the study (Business Development). This item was deleted. (36.) Resolution No. 2005-R0061 authorizing the Mayor to execute an interlocal agreement between the City of Lubbock and the City of Idalou adding the Idalou Public Safety Departments to the City's 800 MHz radio system (Information Technology). RESOLUTION NO.2005-R0061 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 for an 800 MHz trunked radio system, by and between the City of Lubbock and the City of Idalou, Texas, 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 City Council. 132 Regular City Council Meeting February 10, 2005 Page 133 Passed by the City Council this loth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Yearwood Mark Yearwood Director of Information Technology APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2005-RO061. The City installed an 800MHz Radio System in 1995, which supplies communications to the City's Public Works and Public Safety Departments, as well as external agencies including the County Sheriffs Department, EMS, Red Cross, and Lubbock Independent School District. The Idalou Police Department, needing to communicate with other Public Safety Agencies, is requesting to subscribe to the City's radio system and to purchase radios to aid their communications with other public safety agencies in the event of an emergency. FISCAL IMPACT: This agreement will add several radios to the Radio Shop system, and will increase revenue by approximately $434 per radio per year. Staff recommended approval of this resolution. (37.) Resolution No. 2005-R0062 authorizing the purchase of Interoperable Communications Equipment authorized under the State Homeland Security Grant Program, 2003II SHSGP — 45000 (Emergency Management). RESOLUTION NO.2005-R0062 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for interoperable communications equipment, by and between the City of Lubbock and South Plains Communications of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 133 Regular City Council Meeting February 10, 2005 Page 134 Passed by the City Council this 1 Oth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2005-R0062. This purchase involves two types of Interoperable Communications Equipment. The tactical unit is a portable unit that can accompany any quick response vehicle and the two hard mounted units will be installed in the City's Mobile Operations Vehicle and the Communications Center. This equipment will be used to provide communications capability for multiple agencies responding to an incident within the City of Lubbock or the South Plains Association of Governments Region. The purchase of this equipment is from and through GSA contract #GS-35F-4097G in support of the Regional Mutual Aid Agreement authorized by Resolution No. 2004-RO214 dated May 6, 2004. The purchase of this equipment has been approved by the South Plains Association of Governments and the Texas Engineering Extension Service as required by the State Homeland Security Grant Program. FISCAL IMPACT: Resolution No. 2003-RO295 dated July 24, 2003 authorized a total of $1,314,685 in grant funds. There will no additional operations cost associated with this equipment. However, any maintenance cost after the warranty period is the City's responsibility. Staff recommended purchase award to South Plains Communications of Lubbock, Texas for $79,600. (38.) Resolution No. 2005-ROO63 authorizing the purchase of a Mobile Operations Vehicle from Farber Specialty Vehicles authorized under the State Homeland Security Grant Program, 2003II SHSGP — 45000 (Emergency Management). 134 Regular City Council Meeting February 10, 2005 Page 135 RESOLUTION NO.2005-R0063 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for a mobile operation vehicle, by and between the City of Lubbock and Farber Specialty Vehicles of Columbus, Ohio, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 1 Oth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2005-R0063. This project involves the purchase of a Regional Mobile Operations Vehicle that will be used for all hazards emergency response within the South Plains Association of Governments Region. The purchase of this equipment is from Farber Specialty Vehicles of Columbus, Ohio and is through GSA contract #GS-30E-0008N in support of the Regional Mutual Aid Agreement authorized by Resolution No. 2004-R0214 dated May 6, 2004. The purchase of this equipment has been approved by the South Plains Association of Governments and the Texas Engineering Extension Service as required by the State Homeland Security Grant Program. FISCAL IMPACT: Resolution No. 2003-R0295 dated July 24, 2003 authorized a total of $1,314,685 in grant funds. There will be no additional operations cost associated with this equipment. The operations cost of this equipment will be allocated to the participating jurisdictions within the South Plains Association of Governments Region. Staff recommended purchase award to Farber Specialty Vehicles of Columbus, Ohio for $303,339. (39.) Resolution No. 2005-R0064 authorizing the purchase of two 4 x 4 Utility Vehicles authorized under the State Homeland Security Grant Program, 2003II SHSGP — 45000 (Emergency Management). 135 Regular City Council Meeting February 10, 2005 Page 136 RESOLUTION NO.2005-R0064 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for 4 X 4 utility vehicles, by and between the City of Lubbock and Western Implement of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 10th day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2005-R0064. This purchase provides two utility vehicles that will be used to transport portable decontamination units to remote sites during an emergency requiring the decontamination of a facility and/or area. This equipment will be used for all hazards emergency response within the South Plains Association of Governments Region. The purchase of this equipment is from Western Implement Company of Lubbock, Texas and is through the Interlocal Cooperative Purchasing Agreement with Texas Tech University (Bid #733-421970) in support of the Regional Mutual Aid Agreement authorized by Resolution No. 2004-RO214 dated May 6, 2004. The purchase of this equipment has been approved by the South Plains Association of Governments and the Texas Engineering Extension Service as required by the State Homeland Security Grant Program. FISCAL IMPACT: Resolution No. 2003-RO295 dated July 24, 2003 authorized a total of $1,314,685 in grant funds. There will be no additional operations cost associated with this equipment. However, any maintenance cost after the warranty period is the City's responsibility. Staff recommended purchase award to Western Implement Company of Lubbock, Texas for $29,740. (40.) Resolution No. 2005-R0065 authorizing the Purchasing Manager to approve change orders for $25,000 or less (City Manager). 136 Regular City Council Meeting February 10, 2005 Page 137 RESOLUTION NO. 2005-R0065 WHEREAS, the Local Government Code of the State of Texas provides at Section 252.048(c) that the governing body of municipalities may grant general authority to approve change orders to an administrative official within the amounts specified; and WHEREAS, the City Council has deemed it to be in the best interest of the citizens of the City of Lubbock to expedite the performance of City business by granting the City Purchasing Manager authority to approve change orders as specified by the Local Government Code; and WHEREAS, Resolutions 4151, 4256, 4583 and 5839 authorized the City Manager to approve routine contracts for goods and services involving an expenditure or receipt of $25,000 or less on standard City contract forms or in a form approved by a City Attorney pursuant to Chapter 1, Article X, Section 4 of the Lubbock City Charter; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of Lubbock to provide for change orders to be approved by the Purchasing Manager and to continue the City Manager's authority to approve contracts involving a cumulative expenditure of $25,000 or less of City funds; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Purchasing Manager of the City of Lubbock is hereby authorized and directed to approve routine contract change orders involving an increase or decrease of $25,000 or less, or such other amount as may be specified hereafter by applicable provisions of state law. SECTION 2. THAT the City Manager of the City of Lubbock, or his designee is hereby authorized and directed to approve routine contracts for goods and services involving expenditures or the receipt of $25,000 or less that are executed on standard City contract forms or in a form approved by the City Attorney. SECTION 3. THAT City of Lubbock Resolution No. 5839 enacted on April 23, 1998, and any other prior resolution or parts of resolution in conflict with this Resolution are hereby repealed to the extent of any conflict are hereby repealed. Passed by the City Council this 1 Oth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Lee Ann Dumbauld Lee Ann Dumbauld, CFO/ACM APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel The effect of this resolution will give the Purchasing Manager the authority to execute change orders in amounts up to $25,000. Resolution No. 5839 previously adopted by City Council gives the City Manager the authority to approve change orders up to $25,000. This 137 Regular City Council Meeting February 10, 2005 Page 138 resolution delegates this authority to the Purchasing Manager. This authority has already been delegated to the Purchasing Manager for contracts up to $25,000. FISCAL IMPACT: None. Staff recommended approval of this resolution. (41.) Resolution No. 2005-R0066 authorizing the Mayor to execute a contract of sale, by and between Frank Tidwell and Robert and Kay Lepard for 137.73 surface acres of groundwater rights in Bailey County for $30,013 (Water Utilities). RESOLUTION NO.2005-R0066 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 of Sale for Groundwater Rights by and between the City of Lubbock (as Buyer) and Frank Tidwell and Robert Lepard and wife, Kay Lepard, (collectively, as Seller) regarding groundwater rights in Bailey County, Texas. Said Contract of Sale 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 1 Oth day of February 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ches Carthel Ches Carthel, Water Planning Engineer APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, First Assistant City Attorney A copy of the Contract is filed with Resolution No. 2005-R0066. This agreement is with Frank Tidwell, owner of approximately 184 acres of groundwater rights in Bailey County. The water rights are part of the Garza County School Land, which are to the north of and adjacent to existing City of Lubbock groundwater rights. This agreement is for 137.73 acres of the 184-acre tract of which Mr. Shane Hone owns the surface rights. The Tidwell water rights are between water rights owned by the City of Muleshoe. The Muleshoe water rights to the west are developed with a well field. The Muleshoe water rights to the east are not developed. It is estimated that when fully developed the water rights will produce about 1,000,000 gallons per day. FISCAL IMPACT: The $30,013 purchase price equates to about $217 per surface acre. This is 138 Regular City Council Meeting February 10, 2005 Page 139 less than the $288.95 per surface acre Lubbock paid the Bakers for the most recent purchase of groundwater rights in Bailey County. Funds for the purchase will be from unused funds in two projects (90278 Water Major Equipment Replacement and 90338 Water Feet Replacement) that have a combined balance of about $106,000. This CIP amendment is included in a budget revision ordinance. The development costs are estimated at $676,000 to drill five wells and lay approximately two miles of collection pipe. The estimated unit cost of the water from these rights is $0.39/1000 gallons ($128.10/acre-foot). Funds for development will come from future bond sales as authorized by City Council. Staff recommended approval of this resolution. (42.) Resolution No. 2005-R0067 authorizing the Mayor to execute a contract of sale, by and between Frank Tidwell and Shane H. Hone for 45.83 surface acres of groundwater rights in Bailey County for $9,987 (Water Utilities). RESOLUTION NO. 2005-R0067 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 of Sale for Groundwater Rights by and between the City of Lubbock (as Buyer) and Frank Tidwell and Shane H. Hone (collectively, as Seller) regarding groundwater rights in Bailey County, Texas. Said Contract of Sale 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 1 Oth day of February 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ches Carthel Ches Carthel, Water Planning Engineer APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, First Assistant City Attorney A copy of the Contract of Sale is filed with Resolution No. 2005-R0067. This agreement is with Frank Tidwell, owner of approximately 184 acres of groundwater rights in Bailey County. The water rights are part of the Garza County School Land, which are to the north of and adjacent to existing City of Lubbock groundwater rights. This agreement is for 45.83 acres of the total tract of 184 acres of which Robert and Kay Lepard own the surface rights. The Tidwell water rights are between water rights owned by the City of Muleshoe. The Muleshoe water rights to the west are developed with a well field. The Muleshoe water rights to the east are not developed. It is 139 Regular City Council Meeting February 10, 2005 Page140 estimated that when fully developed the water rights will produce about 1,000,000 gallons per day. FISCAL IMPACT: The $9,987 purchase price equates to about $217 per surface acre. This is less than the $288.95 per surface acre Lubbock paid the Bakers for the most recent purchase of groundwater rights in Bailey County. Funds for the purchase will be from unused funds in two projects (90278 Water Major Equipment Replacement and 90338 Water Feet Replacement) that have a combined balance of about $106,000. This CIP amendment is included in a budget revision ordinance. The development costs are estimated at $676,000 to drill five wells and lay approximately two miles of collection pipe. The estimated unit cost of the water from these rights is $0.39/1000 gallons ($128.10/acre-foot). Funds for development will come from future bond sales as authorized by City Council. Staff recommended approval of this resolution. (43.) Minuted action to declare the reappointment of eight members to the Entertainment Lubbock Task Force (City Secretary). The Entertainment Lubbock Task Force has eight members, all appointed by the Mayor. The Mayor has reappointed all eight members to the Task Force. Jim Bertram, reappointment Don Caldwell, reappointment Dr. Donald Haragan, reappointment Virgil Johnson, reappointment Velma Medina, reappointment Kent Meredith, reappointment Dick Milam, reappointment Philip Price, reappointment FISCAL IMPACT: None. (44.) Resolution No. 2005-R0068 — BID #04-192/MA—Consider one resolution for Contract Turf Maintenance for Various Parks and Properties (Parks & Recreation). RESOLUTION NO.2005-R0068 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 turf maintenance for various parks and properties, by and between the City of Lubbock and Star Landscape Maintenance 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. 140 Regular City Council Meeting February 10, 2005 Page 141 Passed by the City Council this 1 Oth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM 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 Contract is filed with Resolution No. 2005-R0068. In 2004, seven new parks were completed consisting of 48 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. (45.) Resolution No. 2005-ROO69 — RFP #04-217/RW—Consider one resolution for Aerial Photography and Digital Orthophotography 2005 (Planning). RESOLUTION NO. 2005-ROO69 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 aerial photography and digital orthophotograpy, by and between the City of Lubbock and Pinnacle Mapping Technologies, Inc. of Indianapolis, Indiana, 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. 141 Regular City Council Meeting February 10, 2005 Page 142 Passed by the City Council this 1 Oth day of February, 2005. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM 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 Contract is filed with Resolution No. 2005-R0069. Digital orthos are scalable, measurable aerial photographs with an accurate coordinate system. They are the basis on which departments align their individual mapping and Geographic Information System (GIS) efforts into a single, accurate coordinate system and provide standardized input criteria for all users of the City's GIS. Citizens and professionals, including neighborhood organizations, realtors, appraisers, engineers, contractors and developers use the images, maps and other data collected. These images and data are used as background for the new Tiburon Computer Aided Dispatch System (CAD for Police and Fire). Maps are available to citizens in the City's map room and on the maps website, one of the most popular sections of the City's web pages. Respondents to the Request for Proposal included: Williams-Stackhouse, Inc. of San Antonio, TX Sanborn of Colorado Springs, CO Stewart GEO Technologies, Inc. of San Antonio, TX Pinnacle Mapping Technologies, Inc. of Indianapolis, IN Western Air Maps of Overland Park, KS Digital Link Atlanta/Markhurd of Marietta, GA/Maple Grove, MN Bohannan Huston of Albuquerque, NM Dallas Aerial Surveys of Dallas, TX Criteria used for the evaluation included: Price (25%) — How well does cost balance with added value? 2. Functionality (25%) — How well does solution satisfy requirements? 3. Experience and history of firm (25%) — How successful is the firm with previous clients? What is the record of performance of the 142 Regular City Council Meeting February 10, 2005 Page 143 firm? Does their history indicate an ability to complete the work on time and in budget? 4. Methodology and Management Approach (25%) — Is the proposed methodology thorough and complete? Are the types of services clearly identified? Is the project timeline and proposed work schedule suitable to the project scope and the City of Lubbock needs? After ranking written proposals, the Evaluation Committee conducted oral presentations and interviews with the four highest ranked firms. These firms were then ranked as follows: Pinnacle Mapping Technologies, Inc. 95 Dallas Aerial Surveys, Inc. 83 Sanborn 68 Markhurd 68 References provided by Pinnacle Mapping Technologies gave excellent reports on the firm's technical ability, responsiveness and pricing. The Evaluation Committee recommended Pinnacle Mapping Technologies, Inc. to provide digital orthophotography and aerial photography services for the City of Lubbock. This was a difficult decision because all of the proposals were found to be prepared in a professional manner and each of the four firms interviewed were technologically competent. The methodology or concept of the work to be performed developed by Pinnacle Mapping Technologies was most satisfactory. Pinnacle displayed a good understanding of the project scope and technical issues and willingness to do what is necessary to meet the City's needs. One local business was notified of the Request for Proposal. FISCAL IMPACT: A total of $267,711 was appropriated with $196,711 available from the Solid Waste fund balance and $71,000 available from the remaining funds in two water capital projects, which are being closed. Staff recommended contract award to Pinnacle Mapping Technologies, Inc. of Indianapolis, Indiana for $267,711. ORDINANCES FOR PASSAGE Second Reading (46.) ORDINANCE NO. 2005-00019—ZONE CASE NO. 2189-B (north of 871n Street and east of University Avenue): 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 (second and final reading). 143 Regular City Council Meeting February 10, 2005 Page 144 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. Motion was made by Council Member Gilbreath, seconded by Council Member DeLeon to pass on second and final reading Ordinance No. 2005-00019 as recommended by staff. Motion carried: 4 Yeas, 1 Nay. Mayor Pro Tern Martin voted nay. Mayor McDougal and Council Member Boren were absent. 9:48 A. M. CITY COUNCIL WORK SESSION CONVENED City Council Chambers Items 49-50 were considered. 9:59 A. M. CITY COUNCIL RECESSED 10:32 A. M. CITY COUNCIL REGULAR MEETING RECONVENED PUBLIC HEARINGS Zonin The next item considered was Item 48. (47.) Hold a public hearing to consider annexation of an area bounded by Ursuline Street, North Frankford Avenue, Clovis Highway, and North Quaker Avenue. first reading). This item was considered following Item 48. Randy Henson outlined the case. Mayor Pro Tern Martin opened the public hearing at 10:40 a. m. Tom Baker, co-owner of Great Plains Steel located at 5001 Clovis Road, appeared on behalf of the annexation. No one appeared in opposition. Mayor Pro Tern Martin closed the hearing at 10:44 a. m. By Resolution No. 2004-R0571, City Council directed staff to initiate the process and time line mandated by State law regarding annexation of an area in north Lubbock. North Frankford Avenue, Ursuline Street, the north right-of-way line of Clovis Highway and the existing City limits west of North Quaker Avenue bound the area advertised. The Planning Commission held a public hearing on February 3, after the assembly of Council back-up. Staff provided a report to Council regarding the Planning Commission recommendation during the February 1 oth City Council meeting. A significant number of the property owners adjacent to Clovis Highway and North Frankford Avenue have submitted a petition in opposition to the non -farm portion of the proposal. Because of a recent state law allowing a City to contract with owners adjacent to the City in lieu of annexation, Planning staff is going to recommend to both the Planning Commission 144 Regular City Council Meeting February 10, 2005 Page 145 and City Council that the annexation be limited to the request from George Hardeberger to annex only his property, which is currently all vacant and farmed. This will allow the Legal Department to research the new state law, and for a contract to be written that will be offered to the property owners along Clovis Highway and North Frankford Avenue in lieu of annexation. The contract will allow a level of control of future development without the property actually being annexed into the City at this time. Should the contract prove unacceptable to the owners, a new annexation process can begin with direction from City Council. The only reservation of staff at this time is the impact the discussion may have on future proposed annexations. If City Council is comfortable that most or all future requests will have the same "can't staff do this contract thing" versus being annexed, staff finds no fault with dropping back to only annexing the area that is requested. The Planning Commission recommended approval of the request. FISCAL IMPACT: Not applicable. Staff supported the recommendation of the Planning Commission. The Planning Commission hearing was held on February 3, 2005. At this time, Council Member Gilbreath gave comments, and Council gave consensus to proceed with completing the first draft of this agreement/contract so that City Council will have something soon to present to the land -owners. Special (48.) Hold a public hearing to authorize the request of an exception to the general Community Development Block Grant program regulations governing conflict of interest requirements for Councilman Price. Nancy Haney, Community Development Director, gave comments. Mayor Pro-Tem Martin opened the public hearing at 10:34 a. in. No one appeared on behalf and no one appeared in opposition. Mayor Pro Tern Martin closed the hearing at 10:35 a. in. Council Member Price was away from the dais. As per Housing and Urban Development regulations, this request is being brought to City Council to get permission to request an exception to the conflict of interest regulations. This request will allow Community Development's Housing Department to continue with the housing assistance application for the 108 rehab program for home repair for Mrs. Viola McKelvey, Councilman Price's mother -in law. Mrs. McKelvey completed an application and followed the process as any other citizen does. When her application came up for review the conflict was noted. She qualifies by HUD's guidelines and the repairs requested are eligible. This is a request to HUD to allow this exemption and HUD will make the final decision. 145 Regular City Council Meeting February 10, 2005 Page 146 FISCAL IMPACT: There will be no impact on the General Fund by approving the request. Should the request be granted, work would be paid for by the grant. This will come back to Council as an action item at the next City Council meeting. WORK SESSION Items 49-50 were considered after Item 46 at 9:48 A.M. (49.) Discussion/recommendations for Lubbock's Centennial — 2009. Dixon Platt, Chief of Staff, gave comments on Lubbock's upcoming 100th year anniversary in 2009. Mayor McDougal is asking the Entertainment Lubbock Task Force to take on the planning of the celebration as a project and present recommendations back to City Council. Platt indicated that Don Caldwell, Chairman of the Entertainment Lubbock Task Force, is excited about working with other organizations to coordinate a "100th Anniversary Year" and to include that theme in all events. Council Member Gilbreath suggested that by consensus Council should broaden the charter of the Entertainment Lubbock Task Force to include the birthday celebration. Council agreed. (50.) Presentation of broadcasting Council meetings via streaming video. Mark Yearwood, Director of Information Technology, gave a presentation on making it possible for citizens to view the City Council Meetings live on the Internet. It is already available on the City Of Lubbock's Intranet. The only cost that was incurred was $3000 for the server. Council gave consensus on live broadcast of the meetings via Internet. 10:46 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 12:20 P. M. COUNCIL ADJOURNED There being no further business to come before Council, the meeting was adjourned. Read and approved this 123 rc( day of S-t 2005. TOM MARTIN, MAYOR PRO TEM ATTEST: Rebecca Garza, City Secretary 146