Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 5/23/2002CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING May 23, 2002 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 23rd day of May, 2002, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:40 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tern Alex "Ty" Cooke, Councilmember Gary O. Boren, Councilmember Victor Hernandez, Councilmember Tom Martin, Councilmember Frank W. Morrison, Councilmember T.J. Patterson Absent: No one was absent. CITIZEN COMMENTS Eddie Contreras spoke to Council concerning airfare to London. Mayor McDougal asked him to give Harold Dominguez, Assistant to the City Manager, his name and address and Council would send him a letter. Edward Estrada, a District 4 voter, asked for the current status of Councilmember Morrison's residence and read a prepared statement. Fred Wilson, President of the West Texas Home Builders Association, and Danny Espinosa, President of the Lubbock Chapter of the American Institute of Architects, appeared to discuss the proposed ordinance adopting the 2000 International Residential Code. EXECUTIVE SESSION Mayor McDougal stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); to discuss, deliberate and take final action on a competitive matter regarding policies, recommendations and/or strategies related to avoiding the duplication of distribution facilities within the dually -certificated service area within the City of Lubbock (Electric Utilities); pending or contemplated litigation (Fire Department; Parks Department; Planning Department; Police Department; Stormwater; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Aviation; Water Utilities) and to discuss or deliberate regarding commercial or financial information received from, and to deliberate the offer of a financial or other incentive to, a business prospect with which the economic development negotiations are being conducted. 8:13 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). Regular City Council Meeting May 23, 2002 Page 366 (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, to discuss, deliberate and take final action on a competitive matter regarding policies, recommendations and/or strategies related to avoiding the duplication of distribution facilities within the dually certificated service area within the City of Lubbock (Electric Utilities). (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Fire Department; Parks Department; Planning Department; Police Department; Storm water; Water Utilities). (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Canadian River Municipal Water Authority Board Community Development and Services Board North and East Lubbock Development Commission South Plains Association of Governments Board Transportation Policy Committee for the Lubbock Metropolitan Planning Organization Youth Commission -Adults Youth Commission -Students ( 6.) 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 (Aviation; Water Utilities). ( 7,) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.087, to discuss or deliberate regarding commercial or financial information received from, and to deliberate the offer of a financial or other incentive to, a business prospect with which the economic development negotiations are being conducted. 9:45 A.M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. (8.) Presentation on funding arrangement philosophies for employee health plans. Mary House, Director of Human Resources (45 minutes) Last year, Council expressed an interest in evaluating our Minimum Premium approach to employee health insurance. Staff was asked to develop a presentation with the assistance of our insurance advisor and to bring that to Council prior to our planned bidding process. Randy Martell, HIA, MHP, CIC, of IPS Advisors, is the insurance consultant for the group health insurance plan. In July 2002, responses will be solicited through the Request for Proposals for the medical and dental insurance plans. In his presentation, Mr. Martell will explain the difference in the types of funding arrangements for these plans. The three types of funding options are the Minimum Premium Plan (the current funding method), Administrative Services Only (ASO), and fully insured. The City of Lubbock has been under a Minimum Premium plan since April 1988. The Minimum Premium arrangement requires the City to fund the amount of expected medical and dental claims up to an 366 Regular City Council Meeting May 23, 2002 Page 367 aggregate level, and the insurance carrier is responsible for the excess above the aggregate level. This level is based on past claims experience. If the medical and dental claims are below the expected level, the City retains the difference to offset future increases in premiums. The Minimum Premium funding arrangement allows the City to keep the costs to the City, employees, and retirees at a minimum. This type of funding is very predictable during the budgeting process because the City can budget for a specific level of risk. An alternative method is the Administrative Services Only plan. Under an ASO, the risk for expected claims is increased by 22%, but there is a decrease in administrative costs. The claims margin is 22% higher because of the way this type of insurance product is structured. The City does not have to budget for the claims margin; however, if claims reach the margin, it is the City's financial responsibility. The decrease in administrative costs does not counterbalance the potential risk in paid claims. The third type of plan is a fully insured plan, which is the same principle as auto insurance. A premium is paid to an insurance provider, and the City retains no funds. There is little risk with this product. Staff recommended that the request for proposals process include specifications for Minimum Premium and Administrative Services Only proposals. 10:25 A. M. WORK SESSION RECESSED 10:35 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tern Alex "Ty" Cooke, Councilmember Gary O. Boren; Councilmember Victor Hernandez, Councilmember Tom Martin; Councilmember Frank W. Morrison, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary No one was absent. Mayor McDougal called the meeting to order at 10:35 A. M. ( 9.) Invocation by Rev. Vergil Ichtertz, Forrest Heights United Methodist Church (10.) Pledge of Allegiance to the Flag. BOARD APPOINTMENTS RECOGNITION Animal Shelter Advisory Committee Receiving: Tommy Camden Dr. Larry Farley Laura Forsythe (unable to attend) Sherell Guichard-Thomas Evelyn Lehman (unable to attend) Margaret Meacham (unable to attend) Debbie Tennyson Market Lubbock Economic Development Corporation Receiving: David Alderson Public Transit Advisory Board Receiving: Ben Jaime 367 Regular City Council Meeting May 23, 2002 Page 368 Reese Redevelopment Authority Receiving: Connie Wharton (unable to attend) Youth Commission Students Receiving: Damarick Dewayne Harris (unable to attend) CITIZEN APPEARANCES (11.) Presentation of a Special Recognition to Adult Protective Services to commemorate May 2002 as Elder Abuse Prevention Awareness Month. May 2002 has been designated Elder Abuse Prevention Awareness Month in order to bring awareness to the problems of elder abuse in our community, state and nation. Each year, thousands of Texans are abused, neglected and exploited by family members and others. Many victims are people who are older, frail, and vulnerable, and they cannot help themselves and depend on others to meet their most basic needs. In 2001 in Texas, 40,559 elderly or disabled adults suffered abuse or neglect. This is up from 35,000 adults the year before. For this reason, Adult Protective Services will be coordinating events around the Lubbock area during the month of May to raise the level of awareness for this growing problem. A Special Recognition was presented to Adult Protective Services to commemorate May 2002 as Elder Abuse Prevention Awareness Month. Val Joiner, Adult Protective Services Program Administrator, accepted the recognition. (12.) Presentation of a Special Recognition to Lubbock Animal Services to commemorate May 19-25, 2002, as National Dog Bite Prevention Week. Approximately 400,000 people in the State of Texas are bitten by dogs annually. More than half of the victims are children under the age of eleven. Despite this alarming statistic, dog bites are often preventable through the proper socialization and training of dogs and through the education of children at an early age. Lubbock Animal Services has started the ASK (Animal Safety for Kids) program in an effort to positively enhance the relationship between children and dogs. In addition, they hope to raise awareness about the problem during National Dog Bite Awareness Week, an event started by the Humane Society of the United States. A Special Recognition was presented to Lubbock Animal Services to commemorate May 19-25, 2002, as National Dog Bite Prevention Week. Denise Jones, Education Officer for Lubbock Animal Services, accepted the recognition. (13.) Presentation of a Special Recognition to Dr. Sandy Fortenberry for her role in the implementation of the City of Lubbock Citizens University and for being honored by Senator Robert Duncan for her support of Lubbock city -government awareness. The City of Lubbock Citizens University is a ten -session course designed to promote the understanding and public awareness of the City of Lubbock as a municipal organization. The course explores the roles that citizens and City organizations play in maintaining an effective and productive municipal government. Dr. Fortenberry has been recognized with a Certificate of Appreciation from Texas State Senator Robert Duncan for her role in organizing and coordinating the Citizens University Program for the City of Lubbock. Regular City Council Meeting May 23, 2002 Page 369 A special recognition was presented to Dr. Sandy Fortenberry in appreciation for her hard work and dedication to the success of the Citizens University and for her recent recognition by Senator Robert Duncan for promoting Lubbock city -government awareness through this program. Ray Johnson with Senator Duncan's office was present for the recognition. CONSENT AGENDA (Items No. 14-18, 19-21, 25-33, 35-39) Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve Items 14-18, 19-21, 25-33, 35-39 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (14.) Approval of Minutes: May 9, 2002 Regular City Council Meeting May 9, 2002 Special City Council Meeting (15.) ORDINANCE #2001-00030-Abandoning and closing a 15-foot utility easement in Lots 49 and 50, Bobalet Heights Addition to the City of Lubbock (2215 Slide Road) (second and final reading). ORDINANCE NO. 2002-00030 AN ORDINANCE ABANDONING AND CLOSING TWO PORTIONS OF 98T`-` STREET LOCATED IN SECTION 17, BLOCK Fs-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. (16.) ORDINANCE #2002-00062-Amending Chapter 28 of the Code of Ordinances by adding Section 28-155(g) regarding repair and replacement of sanitary sewer taps (second and final reading). ORDINANCE NO. 2002-00062 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINACES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING A NEW SECTION 28 - 155(g) WITH REGARD TO THE REPAIR OR REPLACEMENT OF SEWER TAPS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE (17.) Ordinance No. 2002-00063 amending Chapter 28 of the Code of Ordinances of the City of Lubbock, with regard to updating the Water Conservation and Drought Contingency Ordinance (first reading). ORDINANCE NO. 2002-00063 AN ORDINANCE ADOPTING A CITY OF LUBBOCK WATER CONSERVATION PLAN AND DROUGHT CONTINGENCY PLAN; TO PROMOTE WISE AND RESPONSIBLE USE OF WATER; ESTABLISHING CRITERIA FOR THE DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES RELATED TO DROUGHT OR SHORTAGES; PROVIDING A PENALTY OF NOT LESS THAN TEN DOLLARS ($10.00) PER DAY NOR MORE THAN TWO HUNDRED DOLLARS ($200.00) PER DAY FOR :EACH DAY OF NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY PLAN, AND/OR DISCONNECTION OR DISCONTINUANCE OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY PLAN AND WATER 369 Regular City Council Meeting May 23, 2002 Page 370 CONSERVATION PLAN; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING. Senate Bill 1 requires that every Texas city develop and implement a drought contingency plan. On August 26, 1999 the City of Lubbock adopted its drought contingency plan. The plan was then submitted to the state for their review. Their review is complete and the state has asked that staff make two minor changes to the plan. The changes proposed in the plan are minor. They include adding two legal citations to Section IX that (1) clearly indicate the legal authority given to the City to curtail water supply to wholesale customers in the event of a drought or emergency water shortage situation and (2) to clearly state our intentions for supplying and limiting the use of water to all customers in the event of an emergency water shortage. Staff recommended approval of this ordinance. (18.) Ordinance No. 2002-00064 abandoning and closing a 15-foot alley located in Block 2, G.A. Rush Addition, and Paris Avenue between Block 1, G.A. Rush Addition and Block 2, G.A. Rush Addition to the City of Lubbock (1601 15`h Street) (first reading). ORDINANCE NO. 2002-00064 AN ORDINANCE ABANDONING AND CLOSING A 15 FOOT ALLEY LOCATED IN BLOCK 2, G.A. RUSH ADDITION AND PARIS AVENUE BETWEEN BLOCK 1, G.A. RUSH ADDITION AND BLOCK 2, G.A. RUSH 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. American State Bank has recently acquired all of the property from Avenue Q eastward to Avenue O between 15' Street and 16`' Street. They desire to close the east -west alley in the first block east of Avenue Q between 15°i and 16`h Street and the section of Paris Avenue between 15`h Street and 16`h Street for replat purposes so they can construct a new building and parking lot over the alley and street area. This alley and street area will not remain as easements for utilities so American State Bank will pay the appraised value for them according to our abandon and close resolution. These areas have been appraised at $2.30 per square foot from land sale comparables and tax office values, and there is 4,050 square feet of alley being closed and 16,500 square feet of Paris Avenue being closed for a total due the City of $47,265. The Right -of -Way Department recommended the approval of the first reading of this ordinance Next item to be considered was Item No. 19. (18A.) Ordinance No. 2002-00065 establishing procedures for adopting and amending a Comprehensive Plan for the long-range development of the City of Lubbock (first and final reading). This item was considered following Item No. 39. ORDINANCE NO. 2002-00065 AN EMERGENCY ORDINANCE ESTABLISHING PROCEDURES FOR ADOPTING AND AMENDING A COMPREHENSIVE PLAN FOR THE LONG-RANGE DEVELOPMENT OF THE CITY OF LUBBOCK AND PROVIDING A SAVINGS CLAUSE. A recent Texas Legislative session incorporated a section within State law regarding the methods of approval of Comprehensive Plans. In 370 Regular City Council Meeting May 23, 2002 Page 371 Texas, under previous law, if a City has a zoning code it must operate within the guidance of a Comprehensive Land Use Plan (CLUP), but the law gave no definition of what constituted a Plan. The City Of Lubbock has had a CLUP in effect as a policy document since 1975. The purpose of the Plan is to provide a document upon which property owners can depend with regard to the targeted use of land and that the City Council and the Planning Commission can use for guidance when considering zone cases. As noted, until Section 213 of the Local Government Code was adopted by the Legislature, no guidance existed within State law for what constitutes a Plan. Now, staff has that guidance. Section 213 also requires an additional responsibility to establish the procedure by which the Plan is adopted and amended. Since 1975, the CLUP has operated as a policy document adopted by various City Councils in resolution form. The new state law provides two options for adoption of the CLUP: a. Adoption and amendment by ordinance, or b. Establishment by ordinance for a procedure for adopting and amending a Plan. The Planning and Legal staff strongly supported the second option, that the proposed ordinance allowing the Plan to be adopted and amended by resolution (versus ordinance) be approved by the City Council. If major changes to the Comprehensive Plan were adopted by ordinance, the process would be a burdensome and a more time consuming process, and far less flexible than the current system. As proposed, and as practiced since 1975, minor changes would continue to be made within individual zoning ordinances proposed for approval during the zoning process and major changes to the Comprehensive Plan would occur by means of public hearings and resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Paterson to pass on first and final reading Ordinance No. 2002-0006 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (19.) Resolution No. 2002-RO189A authorizing the Mayor to execute a Contract of Sale and Quitclaim Deed with Chris White for Lot 89, Winniewood Addition to the City of Lubbock (1522 82nd Street). RESOLUTION NO. 2002-RO189A 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 Sale between the City of Lubbock, Seller, and Chris White, Buyer, and any other related documents. The Contract for Sale provides for the sale of City owned property described as 1522 82' Street, Winniewood Addition to the City of Lubbock, with legal description as shown on Exhibit "A" of the Contract for Sale. 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. 371 Regular City Council Meeting May 23, 2002 Page 372 Passed by the City Council this 23rd day of May, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Contract is filed with Resolution No. 2002-R0189A. In April the City of Lubbock had a real estate auction by sealed bid. One of the two properties put up for bid was Lot 89, Winniewood Addition. Chris White was the high bidder at $7,575 for the lot. The Right -of -Way Department recommended approval of this resolution. (20.) Resolution No. 2002-RO190 authorizing the Mayor to execute a Contract of Sale and Quitclaim Deed with Sentry Plaza L.P. for a 6,959 square foot tract of land located in Section 27, Block E-2, Lubbock County, Texas (6701 Albany Avenue). RESOLUTION NO. 2002-RO190 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 Sale between the City of Lubbock, Seller, and Sentry Plaza L.P., Buyer, and any other related documents. The Contract for Sale provides for the sale of City owned property described as 6701 Albany Avenue, Lubbock, Texas, with legal description as shown on Exhibit "A" of the Contract for Sale. 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 23rd day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ RebeccaGarza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney 372 Regular City Council Meeting May 23, 2002 Page 373 A copy of the Contract is filed with Resolution No. 2002-R0190. In April the City of Lubbock had a real estate auction by sealed bid. One of the two properties that was put up for bid was a 6,959 square foot tract of land out of Section 27, Block E-2, which is located at 6701 Albany Avenue. This is a remnant tract of unplatted property that the City acquired several years ago for the 66"' Street to 69`' Street cross over street just west of Slide Road. Sentry Plaza L.P. was the high bidder at $2,000 for the lot. The Right -of -Way Department recommended approval of this resolution. (21.) Resolution No. 2002-RO191 authorizing the Mayor to execute an alley -use license with Wilkerson Investment Company for the use of a City alley for ingress and egress to an adjacent property (601 341h Street). RESOLUTION NO. 2002-RO191 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 Alley Use License with associated documents, with Wilkerson Investment Company for ingress and egress to an adjacent property. Said agreements are 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 23rd day of May, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreements is filed with Resolution No. 2002-R0191. Wilkerson Investment Company represented by Gordon Wilkerson is requesting an alley -use license to allow vehicular traffic between two properties. They own the property at 601 34`' Street and 602 36`' Street and a 15-foot east -west alley divides the two properties. They desire to connect the two properties by constructing a paved area to cross the alley. The total area to be occupied is 15 feet north -to -south by 40 feet east -to -west for a total area occupied of 600 square feet. The Right -of - Way Department has valued land at $00.75 per square foot in this area. By using the alley -use license formula, staff get a cost due the City of: 600 square feet X $00.75 = $450 X 10 % = $45 per year. The minimum license fee is $50 per year and that is what they will be charged. This alley -use license will be for twenty years, payable every 373 Regular City Council Meeting May 23, 2002 Page 374 five years in advance. The City will receive $250 for each five-year period. The Right -of -Way Department recommended approval of this resolution. Next item to be considered was Item No. 25. (22.) Resolution No. 2002-RO207 authorizing the Mayor to execute a street -use license with Bleacher's Sports Cafe for the use of a City street in Block 215, Original Town Addition, for an overhead and ground level dining area (1719 Buddy Holly Avenue). This item was considered following Item No. 18A. Kurt McMillian owns Bleacher's Sports Caf6 at the northeast corner of 18' Street and Buddy Holly Avenue. He desires to build a ground level dining area with a balcony in the east right-of-way of Buddy Holly Avenue adjacent to the west side of his building and a balcony dining area in the north right-of-way of 18`h Street adjacent to the south side of his building. Total street area to be occupied will be 892 square feet, which will be eight feet in width on the Buddy Holly Avenue side and the 18`h Street side. This street -use license will be for twenty years, payable every five years in advance. The City will receive $178.40 per year or $892 for each five- year period. All City departments have reviewed this request and are supportive. Ed Bucy, Right -of -Way Agent, presented staff comments. The Right -of -Way Department recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 2002-RO207 as recommended by staff. Motion carried: 6 Yeas, 1 Nays. Councilmember Martin voted Nay. (23.) Resolution No. 2002-RO208 authorizing the Mayor to execute an Assignment and Bill of Sale with RJD Management Co., Inc. for oil and gas interests in Garza County, Texas (Lake Alan Henry). The City Of Lubbock acquired oil and gas leasehold property in April of 2001 in connection with the settlement of the Bert Fields, Jr. interests at Lake Alan Henry. In such settlement, the City acquired (through the Brazos River Authority [BRA] and subsequent assignment from the BRA) all of the interests of Bert Fields, Jr. in lands contiguous to Lake Alan Henry. The City put the oil and gas interests, insofar as they are located above the flood easement (above 2245 elevation), for sale through the sealed bid process. RJD Management Co., Inc. was the high bidder at $301,000. Richard Casner, Assistant City Attorney, presented staff comments. The Right -of -Way Department recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to pass Resolution No. 2002-RO208 as recommended by staff. Motion carried: 4 Yeas, 3 Nays. Mayor McDougal and Councilmembers Martin and Boren voted Nay. (24.) Resolution No. 2002-RO209 authorizing the Mayor to execute an Implementation Grant between the City of Lubbock and the State of Texas Telecommunications Infrastructure Fund Board (TIFB) for Community Networking for the City of Lubbock. The City Of Lubbock, "Access Lubbock" has received a Community Networking Implementation Grant totaling $500,000. The Implementation Grant is the second phase of the Community Network 2 awarded by Telecommunications Infrastructure Fund Board (TIFB). The grant award requires a 10 % match that is included in the City Of 374 Regular City Council Meeting May 23, 2002 Page 375 Lubbock Revised Budget. The first phase was the Planning Grant, which was received by the City Of Lubbock on September 27, 2001 for the amount of $22,500. TIFB has defined the Community Network Plan as a series of plans that interface to create a strong, dynamic direction for implementation. The plan will include many components that will work together to build a robust information delivery system that is accessible by a diverse audience. The overall goal of the community network is to provide public access points distributed in appropriate areas of the community to allow full citizen participation in the emerging information -based society. The Community Network will allow a partnership between the City Of Lubbock and three public agencies: Boys & Girls Club of Lubbock, YWCA and the Lubbock Housing Authority. The Access Lubbock Community Network plan is made up of the following features: A Wireless Communications network: • connects network sites via radio frequency • more cost-effective for network partners —no on -going line fees Video Conferencing: • two-way interactive video communications/conferencing • bridge will allow up to nine conference locations at a time Video streaming: • an "electronic VCR" with multiple uses and advantages • allows video taped segments stored on the Internet to be accessed by agencies Website clearinghouse: • Website devoted to promoting the activities of non-profit and other related organizations better informs the public The network is structured to enhance communication and information sharing among a diverse group of public service providers. This communication and information exchange can be put to a variety of uses that help foster community and the enrichment of individual citizens. Examples include: • Increased diversity and availability of training programs (computers, job skills, educational, etc.) among network partners • Enhanced opportunities for citizenship by electronic town hall meetings • More effective emergency preparedness through improved communications • Enhanced community group programs and activities Sharlett Chowning, Director and Mark Yearwood, Assistant Director of Information Technology, presented staff continents. Staff recommended approval of this resolution. Motion was made by Councilmember Martin, seconded by Councilmember Hernandez to pass Resolution No. 2002-R0209 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 34. (25.) Resolution No. 2002-R0192 approving and authorizing publication of "Notice of Sale" of Electric Light and Power System Revenue Bonds, Series 2002 in an amount not to exceed $8,500,000. 375 Regular City Council Meeting May 23, 2002 Page 376 This item was considered following No. 21. RESOLUTION NO.2002-RO192 A RESOLUTION approving and authorizing publication of notice of sale with respect to revenue bonds. WHEREAS, the City Council of the City of Lubbock, Texas, has determined to issue electric light and power system revenue bonds in the principal amount not to exceed $8,500,000 and, in connection therewith, the sale of such bonds is to be advertised in a newspaper once a week for a period of 30 days; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: The City Secretary is hereby authorized and directed to cause a notice of sale relating to the sale of electric light and power system revenue bonds to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. PASSED AND APPROVED, this May 23, 2002. CITY OF LUBBOCK, TEXAS /S/ MARC MCDOUGAL MAYOR ATTEST: /s/ Rebecca Garza City Secretary A copy of Exhibit A is filed with Resolution No. 2002-R0192. The proceeds from the sale of this bond issuance will be used for Electric Light and Power System improvements including overhead and underground distribution improvements, transmission system improvements, acquisition of equipment, a deposit to the debt service reserve fund and to pay the costs of issuance associated with the bonds. The anticipated amount of issuance will be $8,300,000, however the publication of notice will be for and amount not to exceed $8,500,000. The city intends to issue the $8.3 million, however if interest rates increase over the next 47 days, the amount necessary for deposit to the debt service reserve fund could be increased. Staff needs the flexibility to address market conditions at the time of pricing of the bonds. Projects tentatively scheduled to be funded are: Amount to LP&L System Projects Be funded Overhead Distribution 2001-03 $2,400,000 Underground Distribution 2001-03 $4,400,000 Service Distribution 2001-02 $ 127,000 Distribution Transformers 2001-02 $ 700,000 Debt Service Reserve Fund Deposit $ 350,000 Cost of issuance $ 323,000 ILP&L Total $8,300,000 376 Regular City Council Meeting May 23, 2002 Page 377 As this action is the first necessary step to proceed with a bond issuance, staff recommended passage of this resolution. Pricing date is set for July 9, 2002. (26.) Resolution No. 2002-RO193 approving and authorizing publication of "Notice of Intention to Issue" and "Notice of Sale" of Combination Tax & Sewer System Surplus Revenue Certificates of Obligation, Series 2002A in an amount not to exceed $2,700,000. RESOLUTION NO. 2002-RO193 A RESOLUTION approving and authorizing publication of (i) notice of intention to issue certificates of obligation and (ii) notice of sale with respect to such certificates of obligation. WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Sewer System, and (ii) professional services rendered in connection with such projects and the financing thereof; and WHEREAS, the City has determined to take bids for the purchase of such certificates of obligations and prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time provided by law and to publish a notice of sale with respect thereto in accordance with the provisions of the City's Charter; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $2,700,000 for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Sewer System and (ii) professional services rendered in connection with such projects and the financing thereof, such certificates to be payable from ad valorem taxes and a lien on and pledge of the net revenues of the City's Sewer System. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 2: The City Secretary is hereby authorized and directed to cause a notice relating to the sale of certificates of obligation to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 3: It is officially found, determined, and declared the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. 377 Regular City Council Meeting May 23, 2002 Page 378 PASSED AND APPROVED, this May 23, 2002. CITY OF LUBBOCK, TEXAS /S/ MARC MCDOUGAL Mayor ATTEST: /s/ Rebecca Garza City Secretary The proceeds from the sale of this bond issuance will be used for improvements and extensions to the City's Sewer System and to pay costs associated with issuance of these bonds. The issuance of bonds is necessary to fund projects that will ensure compliance with TNRCC regulations regarding effluent disposal and the groundwater remediation plan. Permit changes and modified irrigation application plans have necessitated infrastructure improvements The project tentatively scheduled to be funded is: Amount to Sewer System Projects Be funded Hancock Land Application Site System $2,500,000 Improvements Sewer Total $2,500,000 As this action is the first necessary step to proceed with a bond issuance, staff recommended passage of this resolution. Pricing date is set for July 9, 2002. (27.) Resolution No. 2002-RO194 authorizing the Mayor to execute a lease agreement between Charles M. Hall and the City of Lubbock for construction of a hangar at Lubbock International Airport. RESOLUTION NO.2002-RO194 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 Charles M. Hall for lease of property at Lubbock International Airport, and any other 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 23rd day of May, 2002. /S/ MARC MCDOUGAL MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation 378 Regular City Council Meeting May 23, 2002 Page 379 APPROVED AS TO FORM: /s/ Linda L Chamales Linda L. Chamales Supervising Attorney — Office Practice A copy of the Agreement is filed with Resolution No. 2002-RO194. This item involves the approval of a lease agreement between Charles M. Hall and the City of Lubbock. Mr. Hall is requesting to lease 35,200 square feet of land on the west side of the airport. He plans to build a 12,000-square-foot hangar, vehicle parking lot, and exclusive -use ramp space. The leased premises will be used primarily for personal aircraft storage and aircraft kit manufacturing. The lease has an initial term of twenty years, with two additional five-year extensions. The annual rent to the City for the leased premises will be $4,062.08. The Airport Board has reviewed this agreement and recommended approval. Staff also recommended approval of this resolution. (28.) Resolution No. 2002-RO195 authorizing the Mayor to execute a grant agreement between the Federal Aviation Administration and the City of Lubbock. RESOLUTION NO.2002-RO195 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Agreement for Grant No. 3-48-0138-24-02 from the United State of America, represented by the Federal Aviation Administration, for funding a portion of the direct costs associated with new, additional, or revised security requirements imposed on Lubbock International Airport, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 23rd day of May, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales _ Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2002-R0195. To compensate airports for a portion of direct operational costs associated with new, additional or revised security requirements imposed on or after September 11, 2001, the Federal Aviation Administration (FAA) made available $175 million to be distributed among the nation's 379 Regular City Council Meeting May 23, 2002 Page 380 airports as a supplement to the Department of Defense FY 2002 appropriation. The City of Lubbock, on behalf of Lubbock International Airport, applied for $170,000 of this supplemental appropriation to cover eligible costs through September 30, 2002. The City has received a grant offer for $85,000 under this appropriation. This represents one-half of the requested amount, which is the portion granted to all airports in the small hub category that applied. While it is recognized that this amount will not cover all of the increased operational costs related to the events of September 11, it represents the only federal assistance currently available. However, the FAA has indicated that it intends to pursue additional forms of assistance for airports, and the staff at LIA, on behalf of the City, will continue to seek additional funds as they become available. The Airport Board has reviewed this agreement and recommended approval. Staff also recommended approval of this resolution. (29.) Resolution No. 2002-RO196 authorizing the Mayor to execute a supplemental agreement between the Federal Aviation Administration Flight Standards District Office and the City of Lubbock. RESOLUTION NO.2002-RO196 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 Supplemental Agreement No. 1 with the United State of America, represented by the Federal Aviation Administration, amending Lease No. DTFA07-00-L-00760 at the Lubbock International Airport, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 23rd day of May, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2002-R0196. This item involves the approval of Supplemental Agreement No.1 between the Federal Aviation Administration Flight Standards District Office (FSDO) and the City of Lubbock. On May 27, 1999, the City of Lubbock entered into a ten-year agreement with FSDO to lease 4,745 square feet of office space at the old terminal building on the west side of Regular City Council Meeting May 23, 2002 Page 381 Lubbock International Airport. Since the execution of this agreement, the terminal building was selected as the site for the Silent Wings Museum, which will open October 2002. The museum will occupy the remainder of the terminal building for the duration of the lease agreement with FSDO. To accommodate the addition of the museum, alterations affecting two adjacent offices within FSDO's leased space are required. The alterations involve the repositioning of a common wall between the museum space and the FSDO space. These alterations will increase the size of office #1 by 32 square feet and reduce the size of office #2 by 27 square feet, resulting in an overall increase of 5 square feet within the FSDO space. Under the terms of the supplemental agreement, the total square footage and annual rent for the leased premises are to remain the same, with no adjustments required by the minor space alterations. The City will accomplish the alterations at no cost to FSDO. The Airport Board has reviewed this agreement and recommended approval. Staff also recommended approval of this resolution. (30.) Resolution No. 2002-RO197 authorizing the Mayor to execute Change Order No. 1 between the City of Lubbock and Duinick Brothers, Inc. for Lubbock International Airport, Westport Apron and Taxiway Expansion. RESOLUTION NO. 2002-RO197 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 Change Order No. 1 for Lubbock International Airport, Westport Apron and Taxiway Expansion, by and between the City of Lubbock and Duinick Brothers, Inc. of Roanoke, Texas, and related documents. Said Change 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 23rd day of May, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ John McGinley for M.E. John McGinley, LIA Deputy Director Operations & Safety APPROVED AS TO FORM: /s/William de Haas William de Haas, Contract Manager/Attorney A copy of the Change Order is filed with Resolution No. 2002-R0197. 381 Regular City Council Meeting May 23, 2002 Page 382 During construction of the Westport cargo apron expansion at Lubbock International Airport, it was discovered that groundwater was migrating underneath the original apron toward the construction site. To prevent the eventual erosion of the foundation underneath the new construction, the design engineers have recommended installation of an under - pavement drainage system that will allow the water to escape from beneath the concrete. This agenda item authorizes a change order to the construction contract that will allow the installation of the drainage system. The cost of the installation will add $46,367.80 to the construction project, making the overall cost of construction $4,891,291.30. All construction costs for this project will be funded by the Federal Aviation Administration under the Airport Improvement Program and the Passenger Facility Charge Program. Staff recommended approval of this resolution. (31.) Resolution No. 2002-RO198 authorizing the City Council to approve an application for the 2002 Summer Food Service Program for children funded by Texas Department of Human Services and authorizing the Mayor to execute all related documents with the Texas Department of Human Services. RESOLUTION NO.2002-RO198 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 summer lunch program, by and between the City of Lubbock and the Department of Human Services, 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 23rd day of May, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell, Director of Parks and Recreation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-RO198. The City of Lubbock Parks and Recreation Department is requesting pass -through funds through the Texas Department of Human Services from the United States Department of Agriculture. The City of Lubbock has participated in the Summer Food Program for the past eleven years with positive results. The program provides a nutritional noon meal for children ages 1 through 18, each weekday, beginning May 28 and ending on August 9, 2002. Any child is able to participate in the Summer Food Program and 382 Regular City Council Meeting May 23, 2002 Page 383 receive a free meal at Trejo, Mae Simmons, and Copper Rawlings Community Centers. Both direct and indirect costs for the Summer Food Program are reimbursed through the grant. This program is offered in conjunction with the Summer Satellite Program offered by the Parks and Recreation Department utilizing Community Development funding. The Summer Lunch program provides a service for the community by providing a nutritious meal for children who would normally participate in a meal program at their school, or for those whose parents are unable to prepare a meal for the children. Staff recommended approval of this resolution. (32.) Resolution No. 2002-RO199 authorizing the Mayor to execute for and on behalf of the City of Lubbock a Contract Amendment #1 for AE Services with Parkhill, Smith & Cooper, Inc. for Fire Station #6. RESOLUTION NO.2002-RO199 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment No. 1 to the Contract dated March 15, 1996 between the City of Lubbock and Parkhill, Smith & Cooper for A/E Services for Fire Station No. 6, and all related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of May, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Harlan Stauffer Harlan Stauffer, Facilities Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Amendment is filed with Resolution No. 2002-RO199. A resolution was approved March 28, 1996 by City Council to execute an Architectural Services Agreement with Parkhill, Smith & Cooper, Inc. for various Fire Department facilities. Original contract was for $421,999. Basic design services for Fire Station #6 were included for a total sum of $36,151. The execution of the project for Fire Station #6 was delayed due to consideration being given to various sites for the erection of the new facility. When it was determined that sites initially being considered on the Texas Tech University Campus were no longer available the decision 383 Regular City Council Meeting May 23, 2002 Page 384 was made to erect the new fire station on the site of existing Fire Station #6. The original agreement indicated that all architectural design services that were not completed within 36 months would be performed at an hourly rate established for additional services. This would have resulted in the design service fees being in excess of $75,000. Parkhill, Smith & Cooper, Inc. agreed to perform the design for Fire Station #6 on an updated firm price basis when the City of Lubbock indicated that performing the work on an hourly basis was not acceptable. The basic architectural services, at today's costs, for design of the standard fire station previously designed were established at $54,250. The City of Lubbock now requires that the new facility be designed in accordance with code requirements for ADA/TAS that added fees totaling $5,226 and new Energy Code, which added $7,088. Total proposed fees for architectural services to design Fire Station #6 are $66,564. Facilities Management and Fire Department recommended approval of the Service Contract Amendment One submitted by Parkhill, Smith & Cooper, Inc. The continued use of Parkhill, Smith & Cooper, Inc. for the design of this new fire station will benefit from the previous knowledge gained in performing similar services for successful prior fire station installations. (32A.) Resolution No. 2002-RO200 authorizing the Mayor to sign a Texas Department of Economic Development Defense Economic Adjustment Assistance Grant for $946,030 and associated documents for construction of a road and upgrade of a waterline at LIA Interport Industrial Park in association with the Tyco Fire Protection Division Project. RESOLUTION NO.2002-RO200 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 Defense Economic Adjustment Assistance Grant Application and any associated documents from the Texas Department of Economic Development for funding of design, engineering, and construction of roads and the upgrade of a water line being the necessary infrastructure required to develop the Lubbock International Airport Interport Industrial Park and any associated documents, which Application shall be spread upon the minutes of the council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of May, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager Regular City Council Meeting May 23, 2002 Page 385 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Application is filed with Resolution No. 2002-R0200. The Texas Department of Economic Development (TxED) notified the City of Lubbock of the availability of $1,000,000 appropriated by the 77' Legislature under the Defense Economic Adjustment Assistance Grant (DEAAG) program on May 9, 2002. Applications are to be reviewed by TxED and grants awarded by the TxED Governing Board at their June 11, 2002 meeting. This is a competitive grant program for Defense Dependent Communities and communities affected by the 1995 Base Realignment and Closure Commission. The City of Lubbock has received three DEAAG's totaling $6 million dollars since the inception of the program in 1997. Two of these grants totaling $4 million went to Texas Tech University's The Institute for Environment and Human Health and one grant for $2 million went to TTU's Wind Science Technology Transfer Program (Mesonet), all located at Reese Technology Center. Staff recommended approval of this resolution. (33.) Resolution No. 2002-R0201/RFP#262-01/RW-for Video Imaging Vehicle Detection System (Traffic Engineering). RESOLUTION NO. 2002-RO201 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a purchase order per RFP #262-01/RW, by and between the City of Lubbock and Texas Highway Products of Round Rock, 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 23rd day of May, 2002. /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/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0201. 385 Regular City Council Meeting May 23, 2002 Page 386 This purchase is for a video imaging vehicle detection system that will allow the Traffic Engineering Department to detect and count vehicles in all directions at the intersection of Slide Road and 60`h Street. The system will transmit video images to the Traffic Engineering Department for the purpose of observing traffic flow at this intersection. Evaluation criteria used by the selection committee included: price (40%), design field of view and detection performance (40%), detection zone placement and programming (10%), and miscellaneous (10%). Analysis included installation and testing of respondents' equipment at three different intersections along Slide Road for a period of 30 days. After the 30-day evaluation period, the selection committee reviewed the findings and ranked the respondents to the Request for Proposals as follows: Texas Highway Products of Round Rock, Texas 86.2 Paradigm Traffic Systems Inc. of Haltom City, Texas 83.8 Consolidated Traffic Controls Inc. of Arlington, Texas 80.1 The selection committee recommended contract award to Texas Highway Products of Round Rock, Texas. The cost is $33,000 and is within the Traffic Control System Capital Improvement budget. The Texas Highway Products system outperformed other systems both in operation and ease of programming. Unlike the other systems evaluated, Texas Highway Products equipment was trouble -free during the 30-day evaluation period. (34.) BID #273-01/RS-Playground Renovations at Various Parks (Park Development) and reject all bids. This item was considered following Item No. 24. This project is for the renovation of playgrounds at seven parks around the city. These parks are Carlisle, Davies, Davis, Jennings, McCullough, Overton, and Sedberry Parks. After a detailed review of bids and product material submittals, bid specifications were found to be inadequate. While the above referenced bids comply with written specifications, there are issues with product materials that do not meet the design standards and intent of the project. Consequently, staff recommended that Council reject all bids and direct staff to re -bid this project in the best interest of the health, safety and welfare of the playground patrons. Victor Kilman, Purchasing Manager, presented staff comments. Motion was made by Councilmember Hernandez, seconded by Councilmember Cooke to reject all bids and rebid this project as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 40. (35.) Resolution No. 2002-RO202/BID #062-02/RS-for Fertilizer Application (Park Maintenance). RESOLUTION NO.2002-RO202 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 fertilizer application, by and between the City of Lubbock and Kitten Fertilizer of Slaton, 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 May 23, 2002 Page 387 Passed by the City Council this 23rd day of May, 2002. /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/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-R202. This bid is for the purchase of turf grass fertilizer used to enhance turf appearance and to provide essential nutrients. Fertilizer applications will include park sites, street medians, LP&L Cooke Plant, and other city facilities. The bid specifications call for two applications in the 2001/2002 fiscal year. The low bid is $66,443 from Kitten Fertilizer of Slaton, Texas and is within the Park Maintenance Operation budget. (36.) Resolution No. 2002-R0203/BID #069-02/RS-for Summer Lunch Program (Indoor Recreation). RESOLUTION NO.2002-RO203 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 Summer Lunch Program, by and between the City of Lubbock and Aramark Educational Services, 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 23rd day of May, 2002. /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 387 Regular City Council Meeting May 23, 2002 Page 388 APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-R0203. The City of Lubbock has participated in the Summer Food Program for the past eleven years with positive results. The program provides a nutritional noon meal for children ages 1 through 18, each weekday beginning May 28 and ending on August 9, 2002. Any child is able to participate in the Summer Food Program and receive a free meal at Trejo, Mae Simmons, and Rawlings Community Centers. Staff projects to serve over 32,215 lunches this summer with the inclusion of 4 LISD summer school locations, Guadalupe Center, Parkway Center and Big Brothers/Big Sisters. Both direct and indirect costs for the Summer Food Program are reimbursed through a grant from the Texas Department of Human Services. Direct costs include the contract with the food vendor, consumable supplies, and salaries for food service personnel estimated to be $76,671.70. Indirect costs include program administration, personnel training, and supplies estimated to be $9,391.38. The maximum reimbursable rate is $2.58 per meal. This program is offered in conjunction with the Summer Satellite Program offered by the Parks and Recreation Department through Community Development funding. The program provides a service for the community by providing a nutritious meal for children who would normally participate in a meal program at their school or for those whose parents are unable to prepare a meal for the children. The low bid is $71,195.15 from ARAMARK Educational Services, Inc. of Lubbock, Texas and within the grant budget amount. (37.) Resolution No. 2002-R0204/BID #072-02/BM-for L.E.D. Traffic & Pedestrian Signals (Traffic Engineering). RESOLUTION NO. 2002-RO204 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Purchase Order per Bid #00-142 to furnish school zone pager system, by and between the City of Lubbock and Consolidated Traffic Controls, Inc., 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 23rd day of May, 2000. /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 .., Regular City Council Meeting May 23, 2002 Page 389 APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution no. 2002-R0204. This bid is for the purchase of Light Emitting Diode (red, yellow, and green) traffic signal lamp units and pedestrian "Don't Walk Symbol" hand units. This purchase will upgrade the existing lamps providing longer life expectancy and reducing maintenance and electrical costs over regular bulbs. The low bid is $38,037.44 from Consolidated Traffic Controls, Inc. of Arlington, Texas and is within the Equipment Capital Outlay and Maintenance System budget. (38.) Resolution No. 2002-R0205/BID #084-02/BM4or Lubbock Land Application Site Submersible Pumping Equipment (Public Works). RESOLUTION NO. 2002-RO205 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 Lubbock Land Application Site submersible pumping equipment, by and between the City of Lubbock and Acosta Drilling Company of Lamesa, 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 23rd day of May, 2002. /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/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-R0205. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 23rd day of May, 2002, 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 :• Regular City Council Meeting May 23, 2002 Page 390 OWNER, and Acosta Drilling Company, of the City of Lamesa, County of Dawson, 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 #084-02-BM - Lubbock Land ApplicationSite Submersible Pumping Equipment - $25,428.79 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. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CK•�Ih�:� • ; Acosta Drilling Company By: /s/ Victor M. Acosta, Jr. PRINTED NAME: Victor M. Acosta, Jr. TITLE: Partner COMPLETE ADDRESS: Acosta Drilling Company P. O. Box 1181 Lamesa, Texas 79331 This bid is for the purchase and installation of new pumping equipment for seven ground water remediation wells on the Lubbock Land Application Site (LLAS). The existing pumping equipment in these wells is in very poor condition. The ground water remediation plan for the LLAS requires these wells to be operational. Evaluation criteria included material and labor costs and the five-year operating cost of the equipment. The low bid is $ 25,428.79 from Acosta Drilling Company of Lamesa, TX and is within the System Improvements budget. 390 Regular City Council Meeting May 23, 2002 Page 391 (39.) Resolution No. 2002-R0206/BID #098-02/RW-for Motorola Base Stations (Radio Shop). RESOLUTION NO. 2002-R0206 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 interlocal agreement for cooperative purchasing, by and between the City of Lubbock and the Houston Galveston Area Council (HGAC), 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. Passed by the City Council this 23rd day of May, 2002. /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/ William de Haas William de Haas Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2002-R0206. This bid is for the purchase of four mutual aid channels to be used as a backup radio system for the SOOMHz trunked system. Mutual aid channels are used in case of problems and are also for inter -city communications. (For example, someone from another town that has these frequencies could talk to Lubbock.) These base stations will be installed at 35' Street and Avenue W, 4`' Street and Avenue L, and the Texas Tech Police Department tower after locations have been properly licensed for tower locations by the FCC. The cost is $45,924.64 through an inter -local cooperative purchasing agreement with the Houston -Galveston Area Council and is within the budget. Staff recommended award of each bid to the bidder as indicated on the tab sheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. ORDINANCES FOR PASSAGE (40.) Ordinance #2002-00040-Abandoning and closing a portion of three 20-foot alleys located in Blocks 68, 69, 70, Overton Addition and a portion of 91h Street and 101' Street between Avenue V and Avenue W in the Overton Addition to the City of Lubbock (901 Avenue W) (second and final reading). 391 Regular City Council Meeting May 23, 2002 Page 392 ORDINANCE NO. 2002-00040 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF THREE 20 FOOT ALLEYS LOCATED IN BLOCKS 68, 69, 70, OVERTON ADDITION AND A PORTION OF 9TH AND 10TH STREET BETWEEN AVENUE V AND AVENUE W IN THE OVERTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATON. This item was considered following Item No. 34. Ed Bucy, Right -of -Way Agent, presented staff comments. Motion was made by Councilmember Martin, seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 2002-00040 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. 41.) Ordinance #2002-00061-Amending Section 1-10 of the Code of Ordinances of the City of Lubbock, Texas, to provide for review and adjustment of permit, license and fee amounts on a semi-annual basis; providing a savings clause; and providing for publication (second and final reading). ORDINANCE NO. 2002-00061 AN ORDINANCE AMENDING SECTION 1-10 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, TO PROVIDE FOR REVIEW AND ADJUSTMENT OF PERMIT, LICENSE AND FEE AMOUNTS ON A SEMI-ANNUAL BASIS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Currently, the City of Lubbock is limited to an annual adjustment of permit, license and fee amounts. The annual adjustment is recommended by the Finance Director in conjunction with the adoption of the original budget for an effective date of October 1. Maximus was engaged in October 2001 to perform a User Fee Study covering the charges in use by General Fund departments. Because of the need to place emphasis on enhancing existing revenue streams to maximize the ability of the City to recover some or all of its cost of providing selected services, this user fee study is considered crucial in identifying opportunities to challenge current fee structures for General Fund services and the timely implementation of the fee recommendations is considered critical to the City's current operating budget. The amended ordinance would provide for semi-annual adjustment of permits, licenses and fees at original and revised budget adoption. City staff recommended adoption of the amended ordinance to allow for the semi-annual review and adjustment of permit, license and fee amounts. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to pass on second and final reading Ordinance No. 2002-00061 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (42.) Ordinance #2002-00060-Amending the 2001-02 Budget (second and final reading). 392 Regular City Council Meeting May 23, 2002 Page 393 ORDINANCE NO. 2002-00060 AN ORDINANCE MAKING CHANGES IN THE FY 2001-02 BUDGET OF THE CITY OF LUBBOCK FOR GOVERNMENT PURPOSES; AND The revised budget process is conducted annually in order to update estimates for both revenues and expenditures. It allows both Council and staff to more precisely control the budget and to adapt to any changes that may have occurred since original budget passage. Staff presented the revised budget for fiscal year 2001-02 for the General Fund, Enterprise Funds and Capital Projects during the April 25 City Council meeting. A summary overview by fund was provided. Since the passage of that item on first reading, staff is recommending additional updates: 1. Capital Projects: In the Sewer Capital Projects Fund, staff is recommending an increase of $757,000 in the Hancock Land Application site Transmission System Improvements project. As staff has worked with TNRCC, staff has been able to more precisely refine our estimates. The Airport Capital Projects Fund proposes two changes. The West Port Apron & Taxiway project is recommended for a $30,000 increase (for a new project total of $5,767,673). This project (an "under pavement" drainage system) is described elsewhere in the agenda. This increase prompts a change in another project (reducing it from $423,120 to $393,120) in order to fund the increase. Staff will be on hand to fully brief both of these items should Council so desire. 2. The Community Investment Fund (CIF) is being revised to accommodate the $10 million grant to Market Lubbock, Inc. in FY 2001-2002. The funding will come from CIF fund balance and proceeds from our portfolio. This item has been discussed with Council. In addition, staff are recommending that the policies related to the Community Investment Fund be revised as follows: a. Authorizing this type of financing. b. Allowing up to $1 million per year to pay back the loan, plus appropriate interest until the principal is retired. c. Setting a debt ceiling on economic development funds. Staff will be prepared to discuss this item. d. User Fees —Staff continues to work with departments and user groups in an attempt to refine our user fee recommendations. An earlier item on the agenda authorizes user fees to be addressed twice a year rather than a single time of year. That will simply allow more flexibility for Council and staff as staff addresses these types of issues. Action on the revised budget, if approved by Council, will have the impact of increasing fees in several categories. Those are included in an attachment in this packet. Appropriate department heads will be present at the City Council meeting in order to discuss these items. It should be pointed out that senior staff has pulled several items from the list of those that were being considered. Staff continues to work with departments and affected user groups on those fees and may bring them back to Council during the FY 2002-2003 budget process. Staff recommended approval of this ordinance. 393 Regular City Council Meeting May 23, 2002 Page 394 Motion was made by Councilmember Martin, seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 2002-00040 without the user fees (2d). Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 50. PUBLIC HEARINGS ZONING (43.) Ordinance No. 2002-00066/ZONE CASE NO. 2929 (south of Cornell Street and east of Frankford Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for Kyle Zahn) for a zoning change from R-1 to GO on an unplatted 6.51 acre tract of land out of Section 1, and to consider ordinance. ORDINANCE NO. 00066 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2929; A ZONING CHANGE FROM R-1 TO GO ZONING ON AN UNPLATED 6.51 ACRE TRACT OF LAND OUT OF SECTION 1, Block J-S, LUBBOCK,TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. This item was considered following Item No. 50. Mayor McDougal opened the public hearing at 11:57 a. in. No one appeared on behalf of Hugo Reed. No one appeared in opposition. Mayor McDougal closed the hearing at 11:58 a. m. The request is for a portion of land adjacent to Frankford between Amherst and Cornell, adjacent to a playa, to be zoned Garden Office. Only one use is permitted in Garden Office, professional offices. No retail operation is permitted. Adjacent land uses: North —A portion of the playa dedicated as park South —A portion of the playa dedicated as park East —playa West —Frankford Avenue and a personal care facility The north and south edges of the playa were dedicated as Park by plat years ago. Since then, the Parks Department has determined that this "hole" is not the best location for a neighborhood park in this area and has acquired a ten -acre site to the east, in the center of the residential areas. The GO request is consistent with the Comprehensive Land Use Plan objective for having all true commercial focused at the intersection of thoroughfare streets and only "buffer" uses adjacent to the thoroughfare mid -mile. Similar to the A-2 for a personal care facility across the street, GO adjacent to Frankford is acceptable as a buffer for the residential to the east. In this particular case, the Garden Office area will be isolated from all adjacent development. The parcel is on the west edge of a playa. The area of the playa reshaped for storm water storage will separate the development from adjacent and future residential development. The original application requested Garden Office on the entire approximate fifteen acres of the playa and land adjacent to Frankford. The amount of land that will be reclaimed by cut and fill will be less than three acres, immediately abutting Frankford. The Planning Commission, with the agreement of the proponent, reduced the land area to the west 394 Regular City Council Meeting May 23, 2002 Page 395 half of the original request. This will assure that the portion of the playa on the east side remains zoned R-1, which will blend with the start of a residential subdivision to the east at some point in the future. The project is consistent with zoning policy and should have no appreciable effect on the thoroughfare system. The Planning Commission recommended approval of the amended request. Randy Henson, Senior Planner, presented staff comments. —_ Staff supports approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 2002- 00066 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (44.) Ordinance No. 2002-00067/ZONE CASE NO. 1864-F (southeast corner of 34te Street and LaSalle Avenue): Hold a public hearing to consider request of John W. Nelson for a zoning change from A-2 to R-2 on Tract A-1 (less south 69.59 feet), Park Lorraine Addition, and to consider ordinance. ORDINANCE NO. 2002-00067 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1864-F A ZONING CHANGE FROM A-2 TO R-2 ZONING ON TRACT A-1, LESS THE SOUTH 69.59 FEET, PARK LORRAINE ADDITION, LUBBOCK,TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:57 a. m. No one appeared on behalf of John W. Nelson. No one appeared in opposition. Mayor McDougal closed the hearing at 11:58 a. m. An area west of La Salle and south of 34`h is currently zoned for high - density apartments. The proposal would downzone the parcel for development of duplex units. The development of this property will resolve the issue of maintenance outlined in one lengthy letter of opposition. The adjacent owner makes no mention of the proposed zoning, only the lack of maintenance. The proponent has owned the parcel for only a short period of time. The previous owner is deceased. Adjacent land uses: North —zoned for duplex development, partly built with a church property South --residential East residential West —zoned commercial The proposal meets both the Comprehensive Land Use Plan and zoning policy. The project should have little effect on the thoroughfare plan. As a development comment, the staff requested that when the tract is platted, if an alley is located against 34`'', that it be screened from the street. This would require a double fence on that side if the back yards of the units are fenced. Discussion with the developer indicates the intent to dedicate only an underground utility easement adjacent to 34', and request garbage collection for those units from the existing north/south alley on the east side. With no continuous trash pick-up, only buried utilities, the requested fence may not be necessary. The staff 395 Regular City Council Meeting May 23, 2002 Page 396 recommended maintaining or deleting the screening requirement at the Council meeting. The Planning Commission recommended approval of the request subject to a condition: A solid screening fence shall be installed on the street side for an alley abutting either 34`h or LaSalle. Randy Henson, Senior Planner, presented staff comments. The staff recommends approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 2002- 00067 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (45.) Resolution No. 2002-RO211 - Hold a public hearing to consider a resolution to amend the Comprehensive Land Use Plan for the North Overton Subdivision. RESOLUTION NO. 2002-RO211 WHEREAS, the City Council adopted Resolution No. 2118, dated August 22, 1985, a Comprehensive Land Use Plan for development in the City of Lubbock; and WHEREAS, this Comprehensive Land Use Plan is a collection of maps, defined goals, objective, and recommendations upon which to base decisions affecting the growth and development of the City of Lubbock that may from time to time need to be amended; and WHEREAS, the City Council desires to amend the Comprehensive Plan to allow for redevelopment of the North Overton area; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the amendment to the Lubbock Comprehensive Land Use Plan for the North Overton area, attached hereto as Exhibit A, is hereby adopted by the City Council of the City of Lubbock and shall become a part of the Lubbock Comprehensive Land Use Plan. Passed by the City Council this 23rd day of May, 2002. /S/ ALEX "TY" COOKE ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Henson Randy Henson, Senior Planner APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice A copy of Exhibit A is filed with Resolution No. 2002-R211. t •: Regular City Council Meeting May 23, 2002 Page 397 Mayor Pro Tem Cooke opened the public hearing at 12:01 p.m. No one appeared in opposition. Mayor Pro Tem Cooke closed the hearing at 12:02 p.m. The Overton area has been the topic of two major Comprehensive Land Use Plan versions, the proposal recommended by the Planning Commission on May 2, 2002 for approval being the third. The 1975 Plan targeted virtually the entire north half of the Overton Addition as apartments. That "A-2" Policy for zone cases introduced a mix of apartments and lower density residential that has not proved a stable or compatible combination of land uses. In 1984, a committee of the Planning Commission and neighborhood residents participated in a study group that reversed the A-2 policy, limiting future requests to parcels abutting already zoned apartment property. In 1986, based on a privately funded proposal by Dr. George Peng for the Overton square mile, the Planning Commission and Council adopted an amended version of the Peng Plan that is the current neighborhood level Comprehensive Land Use Plan for Overton North. The new Plan recommended for approval by staff and the Planning Commission represents the basics of the development plan proposed by the McDougal group. The greatest single difference of the proposed Plan versus the current Plan is the closure of a number of streets to create "superblocks" of more integrated development. In addition, the three levels of use (commercial, apartment, and low to mid density residential) are defined more clearly than the current plan. With a shift of blocks from one place to another, the proposed Plan is not significantly different from the current Plan for total acreage of land uses (residential, apartments and commercial). The Planning and Engineering staffs have worked with McDougal representatives for the past year to formalize the document being considered. The Planning staff is in the process of drafting a booklet containing comprehensive design guidelines for the project. When complete, the Planning Commission will be asked to recommended that document to the Council for approval as a set of guidelines that any future developer will use within this area to meet design and layout expectations of the City of Lubbock and the developer of the Centre. Several hundred notices of the Planning Commission meeting date about this proposal were mailed to property owners in Overton North. Approximately six residents appeared during the meeting, and the staff had calls from 30-40 persons. The three residents speaking at the hearing had no concern for the proposed land use, but continue to voice a concern that condemnation through the use of imminent domain by the City would benefit the developer. The staff indicated that the Council has made a strong commitment to not have the City involved in the acquisition process. As the first step toward accommodating this large redevelopment, the Planning Commission recommended adoption of the proposed change to the City of Lubbock Comprehensive Land Use Plan. Randy Henson, Senior Planner, presented staff comments. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Martin, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 2002- 00211 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. 397 Regular City Council Meeting May 23, 2002 Page 398 (46.) Ordinance No. 2002-00068 - Hold a public hearing to consider assessments for paving improvements on the Milwaukee Avenue Paving Assessment, and conduct the first reading of the assessment ordinance. ORDINANCE NO. 2002-00068 AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING STREET: MILWAUKEE AVENUE FROM FM 2255 (4TH STREET) TO 34TH STREET SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF, AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS ON EVIDENCE HEREOF, ALLOCATING FUNDS. Mayor McDougal opened the public hearing at 12:12 p.m. David Small, President of West End Neighborhood Association, Dub Mantooth, Ron Betenbough, Doug Corley, and Scott MacKenzie appeared in opposition and recommended paying upon platting without interest. Mayor McDougal closed the hearing at 12:24 p.m. The paving assessment program is actually a process, which recognizes that both the public and adjacent property owners benefit when thoroughfares are paved. It attempts to assess a portion of the cost for the project to adjacent landowners. In many cases, the enhancement is greater for adjacent commercial properties than for adjacent residential properties. From the staff perspective, that is true in this particular instance. The proposed paving improvements consist of a portion of the following street: Unit Number Description 2386-004 Milwaukee Avenue from FM 2255 (4"' Street) to 34`h Street Milwaukee Avenue is a thoroughfare and is being paved as a capital improvement project with federal participation. Assessments are proposed against the owners of property abutting the portion of Milwaukee Avenue to be improved in order to obtain their share of the paving costs. The Milwaukee Avenue project was designed, bid and is being constructed by the Texas Department of Transportation (TxDOT). TxDOT is paying 80% of the paving cost, and the City is responsible for 20 % of the cost of construction, plus 100 % of the cost of right-of-way or any eligible utility relocation costs. The total estimated cost of the project is $5.5 million. The estimated City cost is $1.7 million. The City's portion of the paving cost will be paid with approved bond funds, prepaid paving accounts, and assessments. The recommended rates to be assessed against the abutting properties are less than the City's total participation in the cost of the project. Under Texas law a municipality may not assess an amount exceeding the special benefits, or enhancement value, of the paving improvements to the abutting properties. The enhancement value must be established by a qualified person, and the municipality must participate in at least 10 % of the cost of the paving. A qualified appraiser was engaged by the City of Lubbock to determine the enhancement value of the paving improvements. Regular City Council Meeting May 23, 2002 Page 399 The maximum legal rate indicated on the assessment rolls is the maximum assessment rate, which may be levied consistent with state law and the City of Lubbock policy, exclusive of the enhancement value issue. That rate is calculated on the basis of property owners paying 100 % of the curb cost and 90 % of the paving cost. The appraised rate (enhancement rate) indicated on the assessment rolls is the appraiser's opinion of the amount the value of the abutting property will be increased by the paving improvements. The enhancement rates for various commercial zoned property was determined to be $42.74, $45.70, and $91.79 per linear foot of frontage. The enhancement rate for residential zoned property was determined to be $0.00. The rates being recommended by staff are: Commercial: Either the enhancement rate or a maximum of $65.69 for paving and $7.42 for curb per linear foot of abutting property (total of $73.11 per foot). The recommended maximum is based on the City's prepaid paving policy, which is the amount developers are charged for thoroughfare paving at the time of platting. (Note: Two commercially zoned properties had an enhancement amount less than $73.11 per foot). Residential: Enhancement rate of $0.00 per linear foot of abutting property. The public hearing will serve as the first of three readings of the assessment ordinance. The incomplete ordinance is included in the Council's backup materials. The ordinance will be completed following testimony given at the public hearing. Upon completion of the paving construction, the amounts determined by the City Council will be assessed to the abutting property owners. The property owners may pay the assessment entirely in one payment, or in five annual payments at 8 % interest. Staff recommended that the assessments be established at the lesser amount of either the enhancement rates, or maximum prepaid paving rate, as follows. Commercial Zoned Property: Parcel 1 $73.11 per abutting foot Total assessment $47,958.70 Parcel 15 $73.11 per abutting foot Total assessment $15,937.98 Parcel 17 $42.74 per abutting foot Total assessment $12,977.57 Parcel 34 $73.11 per abutting foot Total assessment $51,908.10 Parcel 47 $73.11 per abutting foot Total assessment $33,630.60 Parcel 77 $45.70 per abutting foot Total assessment $ 5,231.28 All Residential Zoned Property $0.00 Larry Hertel, City Engineer, presented staff comments. Nancy Haney, Manager of Community Development, presented comments concerning whether the neighborhood was CDC eligible at this time. She stated that it would be approximately 2004 before they were. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to pass on first reading Ordinance No. 2002- 00068 as recommended by staff . Motion carried: 7 Yeas, 0 Nays. (47.) Ordinance No. 2002-00069 adopting the 2000 International Residential Code with local amendments (first reading). 399 Regular City Council Meeting May 23, 2002 Page 400 Prior to 2000 there were three different building codes utilized in different areas of the country. Lubbock has traditionally adopted the Uniform Codes published by the International Conference of Building Officials. The three model code groups joined forces to publish a single set of codes for the 2000 edition. The organization the three groups formed is called the International Code Council. They publish the International Codes. A new code was published that covers all aspects of one and two family dwellings, the International Residential Code. It covers building, plumbing, mechanical, and electrical in a single document. Since this was a new document that would affect Lubbock, an ad hoc committee was formed to review it. The staff notified the professional organizations affected, and those with an interest attended meetings once a week for several months. The committee was comprised of mostly homebuilders with a few architects participating. A separate committee worked on the plumbing and mechanical portions of the code. The Board of Electrical Examiners recommended not adopting the IRC electrical chapters because it is based on the National Electric Code that is published on a different cycle. The Board thought having two different codes for electrical would be confusing. The IRC committee finished its work with homebuilders offering to compile the findings and to research several issues. After several months the homebuilders group presented their final recommendations to the Building Board of Appeals. That group recommended 58 proposed changes. Of the 58 proposed changes to the International Residential Code, the Building Official's staff supported 52 changes for adoption, and recommended against six of the changes. After a public hearing, the package was recommended by the Building Board of Appeals for adoption. Four of the items Building Inspection staff recommended against were: 1. deletion of water/damp proofing basements, 2. deletion of requirements for brick ledges above ground level due to termite and drainage concerns, 3. venting bathrooms/humidity into attics instead of outside, and 4. allowing overhangs of garden homes to project across property lines. A fifth issue that created much discussion was deleting the requirement for an escape window or door in basements. Both Building Inspection and the Fire Marshal's office recommended against adopting this amendment, because it is a life/safety issue. A similar amendment had been adopted in the previous Building Codes. The homebuilders offered a compromise with a threshold of 500 square feet before additional safety measures are required in lieu of a window, and up to 800 square feet with just an exterior exit within 10 feet of the stairway to the basement. However, very few basements would be affected because most are less than 800 square feet. The deletion of the requirement passed. The sixth issue is the size of the window in a residential sleeping area. The code as published requires escape windows on the ground floor to have 5 square feet of open able area and 5.7 square feet on other floors. The window openings are sized to allow a fire fighter with an air pack to enter the room and rescue a victim. The homebuilders are suggesting 3.8 square feet. Again, both Building Inspection and Fire Department staff recommended against this amendment from the national standard due to life/safety issues. There was a great deal of discussion on this point by the Building Board. It was passed. i11 Regular City Council Meeting May 23, 2002 Page 401 The local chapter of the American Institute of Architects (AIA) appeared at a subsequent meeting and asked that the exterior exit for basements and window size be reconsidered. The Board did discuss the issue again and there was a lively debate. The Building Board voted to not reconsider their original decision. The Building Board of Appeals has recommended that the International Residential Code be adopted along with the 58 proposed amendments. Comments from City Manager Bob Cass: While acknowledging the high degree of professionalism in both the Building Inspection and Fire Departments, I am comfortable with the analysis of the Building Board of Appeals and support that body's recommendations. Craig Farmer, Managing Director of Planning and Transportation, presented staff comments. Steve Hailey, Fire Chief, also presented comments concerning the life safety issues. Motion was made by Councilmember Martin, seconded by Councilmember Cooke to pass on first reading Ordinance No. 2002- 00069 as recommended by staff. Motion carried: 6 Yeas, 1 Nays. Councilmember Hernandez voted Nay. (48.) Resolution No. 2002-RO212 designating Mayor Pro Tempore. RESOLUTION NO. 2002-RO212 WHEREAS, the City Council of the City of Lubbock is required to elect a mayor pro tern from among its membership after each City General Election pursuant to Chapter 1, Article IX, Section 12, of the City Charter; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Victor Hernandez is elected mayor pro tern of the Lubbock City Council until such time as a successor may be elected and qualified. Passed by the City Council on this 23rd day of May, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney The members of the City Council are required by Chapter 1, Article IX, Section 12 of the City Charter to elect a Mayor Pro Tempore from among the Council members at the first regular meeting of the City Council after newly elected members have qualified and taken their seats on the City Council following a regular municipal election. The canvass of the returns and declaration of the results was accomplished, and the newly elected officials are now seated as of May 9, 2002. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 2002-RO212 designating Councilmember Hernandez as Mayor Pro Tempore. Motion carried: 7 Yeas, 0 Nays. 401 Regular City Council Meeting May 23, 2002 Page 402 (49.) Resolution No. 2002-00213 granting D. Elegance Limousine approval to operate a 1991 model Lincoln Towne Car in its limousine business. 402 Regular City Council Meeting May 23, 2002 Page 403 RESOLUTION NO.2002-R021.3 WHEREAS, Section 27-1 of the Code or Ordinances of the City of Lubbock defines a "limousine" as being a "late model luxury vehicle" which "shall not be more than ten (10) years old unless special permission for the use of such vehicle is granted by the City Council;" and WHEREAS, D. Elegance Limousine has requested City Council approval to operate a 1991 model Lincoln Towne Car in its limousine business; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT D. Elegance Limousine is hereby authorized to use a 1991 Model Lincoln Towne Car, License No. BF31 J, in its limousine business. Passed by the City Council on this 23rd day of May, 2002. /S/ MARC MCDOUGAL MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney Section 27-1 of the Code of Ordinances of the City of Lubbock defines a "limousine" as being a "late model luxury vehicle" which "shall not be more than ten years old unless special permission for the use of such vehicle is granted by the City Council." D. Elegance has requested City Council approval to operate a 1991 model Lincoln Towne Car in its limousine business. Staff recommended that Council approve the operation of the limousine for one year if it passes the inspection at Fleet Services. Staff is currently revising the current limousine ordinance and will present recommended changes to the ordinance to the Council in the near future. Harold Dominguez, Assistant to the City Manager, presented staff comments. Kathy and Emilio Adame, owners of D Elegance spoke to council. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 2002-00213 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (50.) Resolution No. 2002-RO210 authorizing the Mayor to execute a Supplemental Grant Agreement by and between the City of Lubbock and Market Lubbock Economic Development Corporation for economic development. RESOLUTION NO. 2002-R0210 WHEREAS, the City of Lubbock, a Texas Home Rule Municipal Corporation (the "City"), and Market Lubbock Economic Development Corporation, a Texas non-profit corporation 403 Regular City Council Meeting May 23, 2002 Page 404 ("Market Lubbock") have heretofore on January 19, 1996, entered into a Grant Management Agreement (herein so called) for economic development purposes pursuant to Section 380.002 of the Local Government Code of the State of Texas; WHEREAS, the Grant Management Agreement provides, in Section 2.03(a), thereof, that the City may from time to time make separate grants of funds for specific projects to Market Lubbock; WHEREAS, Market Lubbock and Tyco Fire Products, LP, a Delaware limited partnership ("Tyco"), Tyco being duly qualified to do business, and in good standing in the State of Texas, have entered into that certain Economic Development Grant and Contract providing for, among other things, the provision of certain incentives from Market Lubbock to Tyco; WHEREAS, the City desires to make such a grant to Market Lubbock for economic development purposes, specifically the incentives provided in the Tyco Contract by Market Lubbock to Tyco, and Market Lubbock desires to receive such grant. 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 Supplemental Grant Agreement, by and between the City of Lubbock and Market Lubbock Economic Development Corporation ("MLI"), granting the sum of Ten Million and No/100 Dollars ($10,000,000.00) as an economic development grant to be utilized for economic development programs, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 23rd day of May, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra Forte Debra Forte, Deputy City Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Agreement is filed with Resolution No. 2002-R0210. This item was considered following Item No. 42. The City of Lubbock and Market Lubbock Inc. entered into a Grant Management Agreement on January 19, 1996. Provisions within this agreement allow for separate grants of funds for specific projects to Market Lubbock, Inc. The agreement to be considered is to provide an economic development incentive through the use of funds totaling $10,000,000 for Market Lubbock, Inc. to utilize for the Tyco deal. Funds for the agreement are to come from the Community Investment Fund. MLI agrees to recommended that annually $1,000,000 of the Community Investment Fund be dedicated to repay the internal loan. David Sharp, President of MIL and Steve Massengale, Chamber of Commerce, both spoke to Council. Staff recommended approval of this resolution. 0 Regular City Council Meeting May 23, 2002 Page 405 Motion was made by Councilmember Hernandez, seconded by Councilmember Morrison to pass Resolution No. 2002-RO210 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 43. (51.) Resolution No. 2002-RO214 authorizing the Mayor to execute an Agreement by and between the City of Lubbock and Market Lubbock Economic Development Corporation (MLI), providing for the exchange of certain real property located on and/or in the vicinity to the Lubbock International Airport and certain services to be performed by MLI regarding said exchange. RESOLUTION NO. 2002-RO214 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 by and between the City of Lubbock and Market Lubbock Economic Development Corporation (MLI), providing for the exchange of certain real property located on and/or in the vicinity to the Lubbock International Airport and certain services to be performed by MLI regarding said exchange. 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 23rd day of May, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra Forte Debra Forte, Deputy City Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Agreement is filed with Resolution No. 2002-R214. Over the past several years, the City of Lubbock has been working to develop surplus property on Lubbock International Airport. Marketed as Interport Trade Center, the intent of the project is to create new revenue sources that will make Lubbock International as financially self-sufficient as possible, and in the process, help Market Lubbock, Inc. in its efforts to create new jobs in the manufacturing sector of our region's economy. — The first large project for Interport Trade Center is the Tyco project, a 225,000 square foot world class manufacturing and distribution facility that will be located in the northwest corner of the airport property. To facilitate this project, Lubbock International Airport will exchange 38.98 acres of airport land acquired under an FAA grant for property located just north of the airport that has equal economic value. In the exchange, Lubbock International Airport will receive 170.53 acres of land located HIR Regular City Council Meeting May 23, 2002 Page 406 immediately north of the airport. A breakdown of the cost of each parcel is shown below. Tyco Parcel 38.98 acres @ $3500 per acre = $136,430 Rail Spur Parcel 170.53 acres @ $800 per acre = $136,424 The land that the airport will receive in the exchange was acquired approximately 1-1hyears ago by Market Lubbock Inc. to facilitate the construction of a rail spur for Interport Trade Center. From the outset, Market Lubbock's intent has been to convey the property to the airport. This land exchange is an opportunity to convey the rail property to the airport in a "no cash" transaction. In the process, Market Lubbock will acquire a prime industrial site that can be offered to Tyco at a minimal cost. In addition to the economic development aspect of the land exchange, there are aeronautical advantages as well. The property that the airport will convey to Market Lubbock is a remnant of a parcel purchased for the extension of our primary north/south runway. There is no operational use for the land. The land that the airport will acquire in the trade, however, lies directly beneath the extended centerline of the airport's primary runway, and outside of the Lubbock city limits. Its acquisition will give the City direct control of the land uses in this critical area, ensuring that it is compatible with airport operations. Once this exchange is completed there will be approximately 129.5 acres of land remaining in the rail spur parcel. Market Lubbock will transfer that parcel to the airport at a future date in exchange for a hangar building located on the west side of the airport. This agreement includes a statement of intent by both parties to complete this exchange once the details have been worked out. The land/hangar building exchange will be brought before the City Council at a future date as a separate agenda item. The Federal Aviation Administration has reviewed this exchange and has given its tentative approval. Final written approval should be received within the next few days. Staff recommended approval of this resolution subject to final approval from the Federal Aviation Administration. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 2002-R0214 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (52.) Consider one appointment to the Libraries Board. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Beth George, President, of Friends of the Library . Motion carried: 7 Yeas, 0 Nays. (53.) Consider three appointments to the Lubbock Regional NHUgR Board of Trustees. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to reappoint Jim Bertram, Harvey Morton and Brian Shannon to the Appointments Advisory Board. Motion carried: 7 Yeas, 0 Nays. (54.) Consider one appointment to the Citizens Traffic Commission. U1• Regular City Council Meeting May 23, 2002 Page 407 Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Robert. Giovannetti to the Citizens Traffic Commission. Motion carried: 7 Yeas, 0 Nays. (55.) Consider four appointments to the Electric Utility Board. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to reappoint Randy Andrews, John Bowen, Marciano Morales, and Gwen Titus to the Electric Utility Board. Motion carried: 7 Yeas, 0 Nays. (56.) Consider one appointment to the Keep Lubbock Beautiful Advisory Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint April Howell to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 7 Yeas, 0 Nays. (57.) Consider appointments to the North and East Lubbock Development Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Gary Lawrence, Chair, Randy Andrews, Isaac Garnett, Jim Gomez, Wayne Havens, Dr. Heenan Johnson, II, Esther Sepeda, Irasema Velasquez and Greg Garrison to the North and East Lubbock Development Corrimission. Motion carried: 7 Yeas, 0 Nays. (58.) Consider one appointment to the Urban Design/Historic Preservation Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to reappoint Donna Armstrong to the Urban Design/Historic Preservation. Motion carried: 7 Yeas, 0 Nays. (59.) Consider one appointment to the Youth Commission —Adults. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Eric Benson to the Youth Commission - Adults. Motion carried: 7 Yeas, 0 Nays. 1:10 P.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference ]Zoom All councilmembers were present. 2:41 P.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers 2:42 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor McDougal adjourned the meeting. Read and approved this r day of'�f� MARC MCDOUGAL, MAYOR ATTEST: ty Rebecca Garza, City Secreta 407 Regular City Council Meeting May 23, 2002 Page 408 m1: