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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/20/1997CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 20, 1997 8:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 20th day of November, 1997, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 A.M. 8:02 A.M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Councilmember Victor Hernandez, Council - member Randy Neugebauer, and Councilmember T. J. Patterson. Mayor Sitton stated the Council would be holding an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager; City Secretary); pending or contemplated litigation (Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Municipal Court Temporary and Substitute Judges; Boards and Commissions); to deliberate the purchase, exchange, lease, or value of real property (Fire Department); and to deliberate the implementation of security personnel or devices (City Buildings and Facilities). 8:05 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; City Secretary). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Police Department; Water Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Municipal Court Temporary and Substitute Judges Committee for Women Structural Standards Commission ( 4.) 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 (Fire Department). ( 5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.076 to deliberate the implementation of security personnel or devices (City Buildings and Facilities). 9:45 A.M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 ( 6.) Discuss regular agenda items. Item No. 18A was moved from consent agenda to regular agenda. 311 City Council Minutes November 20, 1997 Page 312 (7.) Legislative process and update presented by Ron Lewis, Assistant City Manager. This item was not presented. ( 7A.) Receive update on Robert's Rules of Order presented by City Attorney Anita Burgess. This item was not presented. (8.) Discussion of playa lake ownership by Marsha Hensley, City Staff. This item was not presented. 10:40 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Max Ince, Councilmember David Nelson, Councilmember Randy Neugebauer, Councilmember T. J. Patterson, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. Absent: None Mayor Sitton called the meeting to order at 10:40 A.M. ( 9.) The Invocation was given by Reverend John Strappazon, University Ministry, First Baptist Church. (10.) Pledge of Allegiance was given in unison by those in the City Council Chambers. Committee for Women Receiving: Jone Fisher Committee for Women Receiving: Ronda Langston Lubbock Library Board Receiving: Ida Johnson (11.) Presentation of Special Recognition to Richard Wright in honor of National Adoption Awareness Month. Richard Wright accepted this Special Recognition. National Adoption Awareness Month recognizes that protection of the child should be the first priority of any intervention when a child has been abused or neglected and when it is determined that a child is not safe with their family. The Governor's Committee to Promote Adoption proclaimed... "All children should be able to expect their basic needs for safety, security and stability be provided: *Successful families are the most efficient and effective means of meeting a child's needs; *Communities must insure that society establishes and maintains encouragement and support of well -functioning families." Every child in Lubbock deserves an equal opportunity to be placed in a permanent home where their 312 City Council Minutes November 20, 1997 Page 313 needs will be met emotionally, mentally, physically, socially, educationally and culturally. (12.) Presentation of Honorary Citizenships by Mayor Sitton and Beverly Boucher, ESL Specialist at Texas Tech University, to Intensive English Program Students of Texas Tech University. Beverly Boucher, ESL Specialist, assisted with this presentation of Honorary Citizenships. The following students from the Intensive English Program at Texas Tech University attended the Council meeting to receive honorary citizenships: Ms. Tomoko Hayashida - Japan Ms. Ana Maria Perez - Ecuador Mr. Jung Moo Rho - Korea Ms. Yi Lu - People's Republic of China Mr. Jong -Sin Yun - Korea Ms. Mi-A Hwang - Korea These students have fulfilled the requisites for honorary citizenships through Texas Tech. Activities in which they have participated include a tour of the South Plains Food Bank, tour of the Ronald McDonald House, tour of the Breedlove Dehydration Plant, tour of KLBK-TV facilities, and ten hours of volunteer work through the Community Action Network. (13.) Presentation of update on activity of Structural Standards Commission by Gene Bals, Chair. Mayor Sitton asked that a representative of each board address the City Council. Gene Bals, Chair of the Structural Standards Commission, gave a brief overview of the functions and accomplishments of this board. The Structural Standards Commission is one of the City of Lubbock boards with the designation Officer of the City Status, whereby the board provides for final interpretation of the provisions of the Structural Standards Code and provides for hearings and the issuance of Orders. The Board consists of a total of five members and two alternate members. The Board was originally created as the Housing Standards Commission and in 1994 was changed by City Ordinance to the Structural Standards Commission. (14.) Consider Resolution No. A-5709 for City Council to lower property tax rate by $0.03 in the event of passage of an Economic Development Sales Tax at the January 17, 1998 Special Election. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, COMMITTING THE CITY COUNCIL TO REDUCE THE PROPERTY TAX RATE BY THREE CENTS IN THE EVENT OF PASSAGE OF A 3/8 OF A CENT SALES TAX FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES WITHIN THE CITY OF LUBBOCK. WHEREAS, there has been presented to the City Council of the City of Lubbock a petition to call an election to impose a 3/8 of a cent sales tax for the promotion and development of new and expanded business enterprises within the City of Lubbock; and 313 City- Council Minutes November 20, 1997 Page 314 WHEREAS, pursuant to said petition the City of Lubbock has called an election for presentation of the question to the voters; and WHEREAS, the City of Lubbock currently dedicates three cents of its property tax rate to economic development; and WHEREAS, in the event of the passage of the proposed tax, the funds will no longer be required for economic development purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT in the event of the passage of the proposed tax for promotion and development of new and expanded business enterprises within the City of Lubbock, the City Council will act to reduce the effective property tax rate of the City of Lubbock by three cents for the budget year 1998-1999 and will not thereafter impose such a tax for economic development. Passed by the City Council this 20th day of November, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary Mr. Mike Cunningham of Lubbock Citizens for Better Jobs asked that this item be placed on the agenda under citizen appearances. As staff understands it, passage of this resolution would indicate the City Council's intent to reduce property taxes by three cents (the rate currently allocated for economic development purposes) in the event that the proposed 3/8 cent sales tax is adopted by the public in the January vote. Following is a transcript on this item: Mayor Sitton: "Item No. 14, Presentation by Lubbock Citizens for Better Jobs of a proposed resolution for City Council to lower the property tax rate by three cents in the event of passage of an Economic Development Sales Tax at the January 17, 1998 Special Election, and to take appropriate action. Who will be speaking to Item No. 14?" Mike Cunningham: "Good morning, Madam Mayor, members of the City Council. I don't know if..." Mayor Sitton: "State your name, please." Mike Cunningham: "My name is Mike Cunningham and I am the volunteer chairman of Lubbock Citizens for Better Jobs. I was going to say I don't know if Gene Bals' comments about gangrenous waste made everybody walk out, or if they just didn't want to listen to what I had to say. I'm not sure I know what gangrenous waste is, and I'm not sure I want to know what it is. But I believe that our neighborhoods need to be improved. Madam Mayor, we believe, Lubbock Citizens for Better Jobs believes that in order for Lubbock to compete in the current economic environment, we must have a strong, adequately funded economic development program. Currently, we are using general revenue funds for economic development. Three cents of the property 314 City Council Minutes November 20, 1997 Page 315 tax rate is dedicated to economic development, and to supplement that, we are stripping money from various city department's operating budgets. "There are several problems with this approach. First of all, the funding is inadequate. Three cents on the property tax rate generates approximately 1.6 million dollars per year, and that is not an adequate amount when you take into consideration that cities directly to the north of us in Amarillo, to the east of us in Wichita Falls, to the south of us in Abilene, and to the west of us now in Odessa are raising three to four times that amount of money with their sales taxes. Secondly, stripping the operating funds from city departments reduces the quality of services necessary for economic development to succeed in our city. And if you think about it, if our city doesn't look like a place where people would want to live, no one's going to want to move here to begin with. "With a 3/8 cent sales tax, the cost of economic development will be shared. Everybody who spends money in Lubbock, whether they live here or not, will contribute to the sales tax base. The sales tax will provide approximately eight billion dollars a year, and it will put Lubbock, Texas in the top three cities in the State of Texas in terms of economic development money raised. We will be a formidable force in economic development in the State of Texas with this tax. As a result it will free the City of the need for three cents on the property tax rate that it currently uses for economic development. A lower property tax rate is, in and of itself, a reason for people to come here. And, therefore, Lubbock Citizens for Better Jobs challenges the City Council to support the sales tax and to pass a resolution, promising the citizens of this city that if the sales tax is approved, the Council will drop the property tax rate three cents. Our property tax -paying citizens have borne the burden of economic development alone long enough. It's time we give them a break." Councilmember Neugebauer: "Madam Mayor, I so move that in the event that we pass the Lubbock vote to a 3/8 cent sales tax for economic development, that by resolution this Council would agree at the next fall, when we set the tax rate, to reduce that rate by the three cents currently funding economic development." Councilmember Nelson: "Second." Mayor Sitton: "There's the second. A motion has been made..." Councilmember Cooke: "In actuality, we're taking up Item 28." Councilmember Nelson: "No, no, Item 28 is a different resolution." Bob Cass: "This is an action item and so, `and take appropriate action' allows an action item." Mayor Sitton: "Motion has been made by Councilman Neugebauer, seconded by Councilman Nelson..." Councilmember Hernandez: "Discussion." Mayor Sitton: "Discussion." Councilmember Hernandez: "In reference to Item 28, that's the resolution that I'm proposing, you know, I agree with Mr. Cunningham. He made a statement that I totally agree with. He says a lower property 315 City Council Minutes November 20, 1997 Page 316 tax rate is a reason for people to move here; and so if, in fact, that's the case, that's why I submitted that separate resolution; simply because this particular resolution is contingent upon the passage of the 3/8 cent sales tax; and I don't think it needs to be contingent upon that. And it just makes much more sense to go ahead and make that commitment to the citizens of Lubbock, regardless of the outcome. "The second point, and the last point, is this: assuming that the 3/8 cent sales tax is passed, and even with the reduction of the property tax rate to three cents, we're still, the property owners are still going to end up — paying twice as much out of their pocket. So again, for those reasons, I think my resolution is better, because under my resolution it gets passed regardless of what happens in January, number one; and number two, you provide the tax relief you are talking about should it fail come January with my resolution, and they would end paying less than they are currently paying now instead of more. So, really, those were the only two points I wanted to make, Madam Chair. " Councilmember Ince: "I would have a comment, or question, for Councilman Hernandez, because I know exactly, I feel like, where he's going with this. I guess the question that I have is that if the sales tax does not pass, and you reduce that by three cents, then what you've done in effect, my understanding is, is that you have done away with any funds or any revenue streams to support economic development. Is that your intention?" Councilmember Hernandez: "My intention is to reduce the property tax rate and to comply with what the voters have, through previous elections concerning the sales tax, told us to do, and that is to not dedicate any funds to economic development. And that's why I went over the history of previous sales taxes that have been proposed and have failed, simply because I think that shows the will of the people. And to me, the will of the people is no dedicated funds for economic development except for specific projects that they can actually touch, feel and see." Councilmember Nelson: "I don't recall the ballot language being that broad a statement, Councilman Hernandez. And certainly if I've misread it in the past, or if I haven't been as observant, I stand to be corrected. But that is not the message that I've heard." Councilmember Hernandez: "Well, and certainly you can interpret it whichever way you..." Councilmember Nelson: "I'm just looking at ballot language, and that's what we need to look to." Councilmember Hernandez: "And, again, you can interpret it any way you want to, Councilman Nelson." Councilmember Nelson: "I think we need to interpret it within the confines of the language." Councilmember Hernandez: "Well, actually..." Councilmember Patterson: "Call for a question, Madam Mayor." Councilmember Hernandez: "Point of order..." Mayor Sitton: "Do I hear a second?" 316 City Council Minutes November 20, 1997 Page 317 Councilmember Hernandez: "Point of order; I don't think that's the proper motion... " Councilmember Neugebauer: "Objection; I called for the question. If there is no objection, then I'll move for a motion for the question." Councilmember Hernandez: "I didn't hear that part." Councilmember Neugebauer: "Is there an objection for the question?" Councilmember Hernandez: "None from me." Councilmember Neugebauer: "Okay." Mayor Sitton: "Okay, the motion has been made to call the question. Do I hear a second?" (Several voices speaking at once; unable to make out.) Mayor Sitton: "So, the motion has been made by Councilman Neugebauer and seconded by Councilman Nelson on Item No. 14 to reduce the ad valorem tax by three cents if, in fact, the 3/8 cent sales tax is approved by the voters in January. All in favor, say `Aye'..." Mayor Sitton, Councilmembers Cooke, Ince, Nelson, Neugebauer, and Patterson: "Aye. " Mayor Sitton: "...all opposed say `Nay'..." Councilmember Hernandez: "Nay." Mayor Sitton: "Motion carries, 6-1." Six citizens expressed comments to the council. They were: Cecil Puryear Mikel Ward Gary Bennett Kevin McMahon Richard King Maria Guerrero Councilmember Ince responded to Mr. Bennett; Councilmember Hernandez asked for clarification from the Mayor as to Councilmembers asking questions during Citizen Comments. Mayor Sitton responded with the following: "The ruling from the chair is it will be left up to the discretion of the chair. The chair feels very strongly that, if there is a question that needs to be asked for clarification, that we should allow, the chair will allow the members to do that. However, the chair feels that this is not an appropriate time to be overly zealous in any way in our being able to use that time to push our own political agendas or our own political ideas about certain items. I think we, as councilmembers, are afforded that opportunity when we are allowed to vote on action items and the discussion therein. So, it is the ruling of the chair that, at a very minimal, minimal point that each one of us should be able to ask a question for clarification or make a very simple comment. Next, please." 317 City Council Minutes November 20, 1997 Page 318 Councilmember Nelson gave his Top Ten Positive Things About Lubbock. CONSENT AGENDA (Items No. 15-18 and No. 19-24) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve all items on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (15.) Approval of the minutes of the Regular City Council Meeting of — November 13, 1997. (16.) Ordinance No. 10032 - Zone Case No. 2781 (K. N. Clapp Park south of 40th Street and east of University): Request of the Urban Design and Historic Preservation Commission (for Lubbock Heritage Society) for a zoning change from R-1 to R-1 (DH) (historic landmark designation) on a portion of Lot 2, Block 13, Crump 5 Acre Addition (second and final reading). AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2781: A ZONING CHANGE FROM R-1 TO R-1 (DH) ZONING ON PORTION OF LOT 2, BLOCK 13, CRUMP 5 ACRE ADDITION, LUBBOCK, TEXAS; DESIGNATING A LANDMARK THEREON; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (17.) Ordinance No. 10033 - Amend Chapter 29, L.C.O., Comprehensive Zoning Ordinance, Section 29-3, definitions related to sexually oriented businesses (second and final reading). AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, THE CITY OF LUBBOCK COMPREHENSIVE ZONING ORDINANCE SECTIONS: 29-3 (82a) DEFINING NUDE, NUDITY, STATE OF NUDITY, SEMI-NUDE AND SIMULATED NUDITY; 29-3 (103a) DEFINING SEXUALLY ORIENTED BUSINESS; 29-3 (106a) DEFINING SPECIFIED ANATOMICAL AREAS; AND, 29-3 (106b) DEFINING SPECIFIED SEXUAL ACTIVITIES. (18.) Consider Ordinance No. 10034 abandoning and closing a portion of a two -foot underground street light cable easement located in Lot 48, Winniewood Addition to the City of Lubbock (1310 81st Street) (first reading). AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A TWO -FOOT UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN LOT 48, WINNIEWOOD 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. 318 City Council Minutes November 20, 1997 Page 319 This ordinance abandons and closes a two -foot underground street light easement along the west two feet of Lot 48, Winniewood Addition for building purposes. A new easement has been dedicated just to the east of the easement being closed. The Right -of -Way Department recommended the approval of the first reading of this ordinance. (18A.) Consider Ordinance No. 10035 amending Ordinance No. 10025, Section 5 with regard to commencement of early voting in the January 17, 1998 Special Election (first reading). AN ORDINANCE AMENDING ORDINANCE NO. 10025 ORDERING A SPECIAL ELECTION TO BE HELD ON JANUARY 17, 1998, FOR THE PURPOSE CORRECTING THE DATE UPON WHICH EARLY VOTING SHALL COMMENCE STATED IN SAID ORDINANCE. This item was moved from consent to regular agenda during work session. Due to a September, 1997, legislative revision, the early voting by personal appearance election period begins seventeen (17) days prior to the election day, January 17, 1998. The early voting begins on Wednesday, December 31, 1997. Staff recommended that early voting for the January 17, 1998 Special Election commence on December 31, 1997 as required by law. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10035 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Neugebauer had stepped away from the dais. (19.) Consider Resolution No. 5709 authorizing the Mayor to execute a contract with the Texas Department of Health to provide preventive, health promotion and direct services in the areas of Epidemiology, Immunizations, Tuberculosis Control, Milk and Dairy Testing, Sexually Transmitted Diseases, Cancer Prevention Activities, and HIV/AIDS Surveillance. 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 Contract Change Notices No. 1, 2, 3 and 4 to the existing Contract (TDH Document No. 7560005906) by and between the City of Lubbock and the Texas Department of Health for health services, attached herewith, and any additional associated documents, which Change Notices 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. 319 City Council Minutes November 20, 1997 Page 320 Passed by the City Council this 20th day of November, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Copies of Change Notices 1, 2, 3, and 4 are filed with Resolution 5709. This year's annual contract with the Texas Department of Health totals $359,076 and includes both financial and direct assistance. This is a decrease of $102,889 from last fiscal year, which will be explained in the specific attachment reviews that follow. All programs as outlined in the contract are continuing operations from previous years. Contract distribution is as follows: Milk and Dairy Testing (attachment 02). The Health Department Regional Laboratory is reimbursed for laboratory analysis of milk and dairy samples at a specified rate, depending on what kind of analysis is performed. The lab performs over 3,000 tests on the more than 700 samples submitted each year. These activities include full program cost recovery and are directly related to protection of the public. No dollar amount is specified in this year's contract, so the total contract amount above does not include $5,005 that was included last fiscal year. Immunizations --Epidemiology (attachment OD. The City of Lubbock provides an immunization clinic with the fewest barriers to service. Activities include providing immunizations at the Health Department clinic; outreach activities for infants, children and high risk adults in their homes, at day care centers, health fairs and senior citizen centers; and investigation and initiation of control measures for vaccine - preventable diseases. For example, staff scheduled over forty clinics to provide the flu vaccine and are collaborating with LISD, Shots Across Texas, TTUHSC School of Nursing, and Methodist Hospital School of Nursing to provide Hepatitis B immunization to eligible seventh through ninth grade students. Salaries and fringe benefits for a Registered Nurse, a Licensed Vocational Nurse and a Secretary to run the program are included in this attachment of $68,356, no change. In addition to salaries, this attachment provides direct assistance of vaccine, valued at $115,729, a decrease of $24,282. Since reorganization, the Health Department has reduced clinic hours in the facility to provide more 320 City Council Minutes November 20, 1997 Page 321 outreach events, and has experienced a decline in population base, so less vaccine is required. This change will not affect program operations. Preventing diseases by the use of vaccine is considered a core service of public health, and good public health practice provides that you do not miss an opportunity to vaccinate a child when you have a chance. Many parents do not think about immunizing their children until they take them to school at five years of age. Therefore, providing immunizations must utilize a proactive, on -going approach to reach effective levels. This attachment serves to further the Healthy People 2000 goal that 90 % of children under two years old be adequately immunized. The current Health Department rate is 76 %, exceeding the Texas goal of 72 % for the past fiscal year. A community with sufficiently high immunization rates avoids disease outbreaks and the cost in human suffering, hospitalization and sometimes even death. Staff believe it is important to keep this clinic operating in the community and that without it the lives of many children would be at risk. HIV Surveillance (attachment 04). This $40,436 supports salary, fringe benefits, travel and supplies for the HIV/AIDS Surveillance specialist. In addition, $1,565 of indirect (administrative) costs are included in this attachment. The increase from last fiscal year of $5,038 completely finances the salary and fringe benefits of the employee and provides additional funds for travel and indirect costs. This person does not operate a clinic; rather as a surveillance specialist, he is dedicated to investigating cases of HIV and AIDS infection in Lubbock. To date, 508 individuals have been diagnosed as HIV positive, 346 have AIDS, and 162 individuals have died of AIDS -related complications. One of the primary missions of public health is to monitor the health status of the community by identifying and investigating health problems and health hazards. On -going surveillance is essential in determining the nature and extent of HIV and AIDS infection in Lubbock. Accurate numbers may increase the availability of additional funding from outside sources, in order to provide services to those infected. Regional Administrative Services (attachment 05). This attachment supports comprehensive public health services that are consistent with the Health Department Mission Statement. Qualifying activities include TDH general fund laboratory, S.T.D. and community education services. Efforts must also be directed at preventing heart disease and cancer. The $69,182 in financial assistance provides salaries and fringe benefits for three City employees, no change, and direct assistance equivalent to $45,300 for two State -paid employees, an increase of $1,860 for employee raises. Their services are available at no cost to the City. Of the five employees, two work in the S.T.D. program, one works in the laboratory and one in Health Education. The fifth person is the TDH employee who manages all TDH contracts, reports, time sheets and accounting of expenditures. The Sexually Transmitted Disease Program is designed to stop the spread of disease by tracking down the partners of those diagnosed with sexually transmitted diseases and either treating them or referring them to another clinic or physician. Tuberculosis Control (attachment M. The TB Control attachment of $20,073 provides salary, fringe benefits and travel for a Health Aide who follows up on all individuals tested positive for tuberculosis. It also includes $835 for indirect (administrative) costs, no change from last 321 City Council Minutes November 20, 1997 Page 322 year. The Health Aide's job is to ensure that clients with diagnosed, active TB take medications as prescribed. She goes to the infected person's home or place of employment to give them their medication, observes for patient drug reaction, monitors family members and other close contacts for TB, and screens high risk populations for TB. This activity effectively limits disease spread and the development of drug resistant forms of Tuberculosis. Lubbock averages twelve to fifteen new cases of TB each year. Laboratory. There is no laboratory attachment included in the TDH contract this year, which was $80,500 for last fiscal year. However, reagents and supplies for selected tests will still be provided to the Health Department laboratory by TDH. Without the Texas Department of Health contract, fulfilling the Core Missions of Public Health — Surveillance, Health Education, Prevention services and Laboratory support — will be greatly impaired and at a much reduced level. Therefore, staff recommended approval of the resolution. (20.) Consider Resolution No. 5710 authorizing the Mayor to execute a contract to sublease the Aggressive Curfew Enforcement Center (Curfew Center) to Court Ordered Visitation Exchange (COVE). 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 Sublease Agreement, attached herewith, by and between the City of Lubbock and Court Ordered Visitation Enforcement, Inc. (COVE), and any associated documents, for leasing property to use as a custody exchange location for children of divorced parents, which Agreement 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 20th day of November, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte Debra B. Forte, First Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR 322 City Council Minutes November 20, 1997 Page 323 A copy of the Sublease Agreement is filed with Resolution 5710. COVE, Inc. is a nonprofit organization devoted to providing a child - friendly location for custody exchange and supervised visitation for children of parents who are undergoing divorce or are already divorced. COVE is in need of a location in which to conduct their mission. The Curfew Center is being used by the City of Lubbock during the night and early morning hours. The operations for COVE include the daytime and early evening hours. Staff recommended that the City of Lubbock sublease the detention center during daytime and evening hours to COVE. (21.) Consider Resolution No. 5711 authorizing the Mayor to extend the Long Term Disability Contract with Canada Life for one year, with the addition of Short Term Disability. 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 Addendum to an Agreement by and between the City of Lubbock and Canada Life Assurance Company dated October 19, 1995, 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 20th day of November, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Director of Human Resources APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Addendum to Agreement is filed with Resolution 5711. The City entered into a two year contract with Canada Life to provide Long Term Disability for employees. All of our insurance contracts are for three years renewable annually, and this would bring this contract into the same time frame ending November 31, 1998. The City pays $193,800 annually for this insurance. 323 City Council Minutes November 20, 1997 Page 324 Canada Life will add short term disability to this contract and actually reduce the annual cost to $190,740. Short Term Disability will mean that the City can utilize the services of Canada Life as an insurance company to contact doctors and other health care providers about an employee's illness or injury. The employee still receives only the sick leave they accrue from the City as their leave time. The Short Term Disability agreement will also allow Canada Life to intervene at an earlier point in time on potential long term disabilities. With recommended rehabilitation they may help avoid some Long Term Disability claims. The entire contract would be put out for comparison through an RFP process next year. Staff recommended the extension of this contract with the addition of the Short Term Disability addendum. (22.) Resolution No. 5712/RFP #97143 - Internet Service Provider (Information Services) RESOLUTION NO, 5712 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 an Agreement and associated documents for and on behalf of the City of Lubbock with PSINet, Inc. to provide Internet services. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 20th day of November, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning Information Services Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Copies of the InterFrame Agreement and Addendum to InterFrame Agreement are filed with Resolution 5712. 324 City Council Minutes November 20, 1997 Page 325 The City is currently receiving its Internet Service from The Higher Education Network (THENet) through Texas Tech University. The City of Lubbock is currently competing with Texas Tech and other local agencies for this very limited bandwidth to the Internet. To allow greater access and improve the speed to the Internet, the City of Lubbock issued a High Technology Request for Proposals. The RFP asked for a vendor to provide a high-speed T-1 communications line or equivalent high-speed data link. The City further asked for a secondary Domain Name Service to be available 100% of vendor's Lubbock Point of Presence (POP). Each response was evaluated based upon configuration, cost, bandwidth availability, service and maintenance, and vendor qualifications. PSINet received the highest score on the evaluation of eight proposals. In addition to the cost of a CSU-DSU for $1095, PSINet's one time setup fee will cost $995 with the circuit installation fee from Southwestern Bell estimated to be $314. The monthly vendor fee and the monthly circuit fees will be approximately $2,259 per month. This funding has been approved for FY 1997-98 in the Information Services operating budget. The respondents and their ranking are shown below: PSINet ARNET COMPANY MCI AT&T NTS THE DOOR SWWS HUBNET Herndon, Virginia 8.75 Amarillo, Texas 8.40 Amarillo, Texas 7.50 Lubbock, Texas 7.25 Lubbock, Texas 6.95 Lubbock, Texas 6.45 Lubbock, Texas 6.15 Lubbock, Texas 5.40 The Internet Capital Project budget is $26,000 for fiscal year 1997-98. (22A.) Bid #97225 - Two Color Printing Press (Print Shop) This bid is for the purchase of a two-color printing press. The new press will replace a press that is approximately 30 years old which is very limited in its printing capabilities and has no safety features to protect the operator. The new press will produce enhanced quality of printing and provide the operator with necessary safety features. It will operate at twice the speed of the old press, thereby increasing productivity by as much as 50 % . The new press will enable the print shop to produce jobs that have previously been out -sourced. The lowest bid for the printing press was $49,950 from Dixon Paper Company of Lubbock, Texas. They bid a Ryobi brand printing press. However, this press did not meet specifications that staff considers important. The next low bid was $54,650 from Heidelberg USA and met the specifications. The Internal Services Capital Project Fund budget amount is $65,000. The low bid meeting specifications is $54,650 from Heidelberg USA, Inc. of Dallas, Texas. 325 City Council Minutes November 20, 1997 Page 326 (23.) Bid ##97232 - Microfilming Services - Annual Pricing (City Secretary) In the past nine months, the City Secretary has evaluated the efficiency of the Microfilming function. A comparison to similar operations revealed that the City's overall cost of the microfilm function was 40- 50 % greater than the function provided by the comparables as well as the productivity level being lower. The potential benefits of contracting the operation to a private sector company were studied. Because of the function similarities and an almost identical process, a few private sector operators were contacted to observe and to learn from their specific processes. The study revealed that the City's costs were some 50% greater than the private sector operations. In early October, competitive bid specifications were issued. Three companies responded, each of them with experience and a local presence in the document duplicating industry. The companies were asked to propose a quote per microfilm image. The low bid is $28,800 from Quality Micro Graphics d.b.a. Micro Information Services of Lubbock, Texas. (24.) Bid ##97257 - Traffic Signal Arm and Shaft Assemblies - Annual Pricing (Traffic Engineering) This bid establishes annual pricing for the purchase of traffic signal arms and shaft assemblies. The assemblies will be used at locations where new traffic signals are to be installed and to replace damaged units at existing locations. This bid includes assemblies for University and 98th Street and intersections along Slide Road from 42nd Street to 82nd Street. The Computer System Design Budget amount is $660,000, and the Traffic Operations Systems Maintenance -Street Lighting Budget amount is $70,000. The low bid is $23,504 from Valmount Industries of Dallas, Texas. Staff recommended award of each of the above bids to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. (25.) Ordinance No. 10036 - Zone Case No. 2673-A (2555 and 2603 34th Street): Public hearing to consider request of Don Parks (for Car City) for zoning change from C-3 and C-4 to C-4 for a secondhand or used car sales lot, garage and public repair on Lots 9 and 10, Block 1, Kinser Addition and Lots 1 and 2, Block 1, Lisemby Addition. K� City Council Minutes November 20, 1997 Page 327 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2673-A: A ZONING CHANGE FROM C-3 AND C- 4 TO C-4 ZONING FOR A SECONDHAND OR USED CAR SALES LOT, GARAGE AND PUBLIC REPAIR ON LOTS 9 AND 10, BLOCK 1, KINSER ADDITION AND LOTS 1 AND 2, BLOCK 1, LISEMBY ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:38 a.m. Don Parks appeared on behalf of Car City to present the zone change. The following citizens also appeared in favor of the zone change: Don Parks, Cecil Puryear, Donnie Baker, Mikel Ward, and Maria Guerrero. The Monterey Neighborhood Association was neutral but did ask several questions relating to the proposed change. The following citizens appeared in opposition: Don Alderson, Donna Zartman, David Driscoll, Dan Hardy, Brent Pillars, Cathy 011er, Ty Kriler, and James Mahan. Mayor Sitton closed the hearing at 12:36 p.m. The request would amend the current zoning on the southwest corner from C-4 limited to windshield repair and rezone the southeast corner which is zoned C-3, the site of a previous service station. Adjacent land uses: North - commercial South - residential East - commercial West - commercial The proposal is not in accordance with one Comprehensive Plan policy which has been a topic of discussion in nearly each agenda of the previous year. The policy indicates the need for C-4 zoning to be located adjacent to a state or regional thoroughfare because open C-4 represents "heavy" commercial. 34th is not a highway but is a thoroughfare level street. As in previous cases, this request is limited to one set of commercial uses — used vehicle sales and the repair and detail associated with preparing the vehicles for sale. Mr. Parks illustrated a used car lot in a recycled service station at 34th and Wayne that has been approved, and that the facility has proved an asset to the area. The staff reviewed two items for discussion relative to zoning policy: 1. The proposed use is only one of the C-4 list, which in other cases has not seemed to create problems. 2. As discussed in previous cases, many areas of 19th, 34th and 50th are beginning to age and a natural result is pressure for heavier uses to be allowed. The balance sought by the Planning Commission and City Council is that these changes benefit proposed business at unused or under used locations while not contributing to a decline of adjacent business and residential. At this location, any change and investment would seem to represent an improvement. The staff reviewed the uses that could be developed on the lots with the existing C-3 zoning: car wash, bowling alley, discount store, service station, quick tune or oil change facility, skating rink, tire battery and accessory stores. All C-2 and C-2A uses would be eligible such as a fast food 327 City Council Minutes November 20, 1997 Page 328 restaurant and many other retail ventures. A new solid screening fence will be required on the alley property line; no substantial zoning policy issues exist. The proposal should have no effect on traffic patterns in the vicinity. One neighbor appeared and expressed complaints about several zoning code and environmental issues along the alley, not so much the proposed use. Mr. Parks spent a lot of time visiting the persons in the notice area and reports a large measure of support. The request was approved by the Planning and Zoning Commission with the following condition: Limited to used car sales, garage and public repair and all unconditionally permitted C-3 uses. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to uphold the recommendation of the Planning Commission and pass on first reading Ordinance No. 10036 as recommended by staff. Motion carried: 4 Yeas, 3 Nays. Mayor Sitton, Councilmember Nelson, and Councilmember Patterson voted Nay. (26.) Ordinance No. 10037 - Zone Case No. 2804 (3620 26th and 2511 Louisville): Public hearing to consider request of Bill W. Cantrell (for Dr. M. D. Mattison) for zoning change from R-1 to R-1 Specific Use for townhomes on Lots 11 and 12, Block 2, Englewood Homes Addition. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2804: A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR TOWNHOMES ON LOTS 11 AND 12, BLOCK 2, ENGLEWOOD HOMES ADDITION, LUBBOCK COUNTY, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:57 p.m. Bill W. Cantrell and Cheryl Mattison appeared on behalf of Dr. M. D. Mattison to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 1:02 p.m. The proposal is to locate six two bedroom townhomes in the $100,000 (plus) range on what would equate to three (plus) single family lots. Adjacent land uses: North - residential South - residential East - residential West - residential No significant Comprehensive Land Use Plan issues exist. The Zoning Code considers garden homes and townhomes as alternative style of residential development. 328 City Council Minutes November 20, 1997 Page 329 Two zoning related issues merit discussion: A. Of lesser importance, the proposed site plan indicates a 15-foot front setback. The proposed homes have garage access from the alley. The remaining lots to the north will remain R-1 with a minimum 25-foot front setback. With rear garages proposed, the reduced setback should have no dramatic effect on the blockface. B. The second issue, which may be more important in terms of design or aesthetic concerns, is the normal requirement within R-1 Specific Use for townhome/garden home development proposed district be from street to street along a blockface. However, the current code does allow a mixture of townhomes and garden homes in that blockface, which is no different than a mix of townhouses and "regular" homes. The original intent was to not mix "standard" R-1 with garden home/townhome style structures. This amendment was made twelve years ago when townhomes and garden homes were not as well accepted as "single family" as they are now. The determining issue in this case should be the acceptability of the style of construction to adjacent owners. A mixed return of comment sheets is on file. Several neighbors appeared contesting the proposal. The style of housing did not seem as important as their concern about adding housing units to the neighborhood. Apparently this area is popular as rental for university students, and a number of the homes violate the more than two unrelated rule. Also, parties and parking have been a problem. The description of these townhomes as being targeted toward older "empty nester" owners and that they would be built handicapped accessible did not satisfy several of the neighbors. They are upset about a perceived or actual lack of code enforcement from the Police and Environmental Services. The project should not have a significant effect on traffic in the neighborhood. As noted, the unit count is six versus the three (actually 3.8 with a 5,000-foot lot minimum) units that could be built on the property at present. The residents are typically empty nesters or couples with no children that create less than normal vehicular trips than a family with children. Randy Henson, Senior Planner, presented staff comments. The staff found no fault with the proposal but was careful to indicate concern about the neighborhood comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10037 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. MISCELLANEOUS (27.) Consider Resolution No. 5713 appointing temporary and substitute judges for the Lubbock Municipal Court of Record. 329 City Council Minutes November 20, 1997 Page 330 WHEREAS, Subsection 30.004(h) of the Government Code of the State of Texas provides that the governing body of the City of Lubbock may appoint temporary and substitute judges for the Lubbock Municipal Court of Record; and WHEREAS, such temporary and substitute judges shall meet the same qualifications to serve as are required of a regular municipal judge; and WHEREAS, the City Council of the City of Lubbock has determined that it is in the best interest of the citizens of the City of Lubbock to appoint the following named person as temporary and substitute judge for the Municipal Court of Record; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the following named person is hereby appointed temporary and substitute judge of the Lubbock Municipal Court of Record. Said person shall receive $30.00 per hour during regular hours and $50.00 per hour outside regular hours as pay for such position. Passed by the City Council this 20th day of November, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, 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 In conjunction with the opening of holding facility, temporary and substitute municipal judges have been appointed to arraign prisoners. Due to the presiding judge's schedule in daily operations of the court, assistance is required when she is unable to act for any reason during regular business hours and during her absence from the court. The individual(s) will work under the direction of the presiding municipal court judge, and will assist the presiding judge with arraignment responsibilities, hearings, trials and any other duties required of the presiding judge during her absence. Compensation for this position is recommended at $30 per hour during regular business hours, Monday -Friday 8:00 a.m.-5:00 p.m.; $50 per hour outside regular business hours. 330 City Council Minutes November 20, 1997 Page 331 The staff recommended Council approve the appointment of a temporary and substitute municipal court judge. Motion was made by Councilmember Neugebauer, seconded by Councilmember Nelson to pass Resolution No. 5713 and appoint Robert Doty, to be compensated at a rate of $30 per hour during regular business hours and $50 per hour outside regular business hours, as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez recused himself. (28.) Consider a resolution of the City Council of the City of Lubbock, Texas committing the City Council to reduce the property tax rate by three cents in the event of passage or defeat of a 3/8 cent sales tax for the promotion and development of new and expanded business enterprises within the City of Lubbock. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Councilmember Hernandez made a motion to pass this resolution, but the motion died for lack of a second. 1:15 P.M. COUNCIL RECESSED TO EXECUTIVE SESSION 2:24 P.M. COUNCIL RECONVENED 2:25 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Patterson made a motion to adjourn; Councilmember Cooke seconded the motion. Motion carried: 5 Yeas; 0 Nays. Councilmember Neugebauer and Councilmember Ince were not present when council reconvened. • •' ATTEST: ythi arnel , City Secretary Read and approved this AU- day of �� a , 199�. INDY T , MAYOR ATTEST: Kaythi arnell, City Secretary 331