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Home My WebLink AboutMinutes - City Council - Regular - 3/2/2000CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING March 2, 2000 8:00 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 2" day of March, 2000, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 A. M. 8:00 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Marc McDougal CITIZEN COMMENTS One citizen, Ms. Mary Lou Bailey, appeared to express comments to the Council as to the Character First Program. EXECUTIVE SESSION Mayor Sitton 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, City Secretary); deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); and pending or contemplated litigation (City Secretary, Civic Services, Fire Department, Police Department, Zoning). 8:07 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 551.086 to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (City Secretary, Civic Services, Fire Department, Police Department, Zoning). 9:48 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. Mayor Sitton recognized Ms. Marla Blackwell from Cara Speer's Macro Social Work Class at Lubbock Christian University, who was in attendance. ( 4.) Update of the activities of the Community Relations Commission by Ruben Reyes, Chair. This is the annual Council update of Community Relations Commission (CRC) activities, as required in the resolution. The CRC was formed in City Council Meeting March 2, 2000 Page 164 February of last year by the City Council. The Commission is the result of a merger of two existing commissions: the Committee for Women (women's issues) and The Human Relations Commission (race/diversity/disability issues). Mayor Sitton has met with both commissions several times, and proposed a merger, a new name, and a redefined focus. In addition to race, gender, and disability issues, those impacting the aging community were added to the new Commission's charge. The CRC holds an annual recognition awards program called "The Extra Mile Awards" and Chairman Reyes will report on upcoming activities in each of the four categories in the CRC's mission. The Community Relations Commission Chairman, Ruben Reyes, made a presentation updating Council on its activities the past year. ( 5.) Status of Municipal Court operations by Municipal Court Judge, Robert Doty. Judge Doty gave a short briefing to Council on Municipal Court operations including: Trends of court operations • Data supporting trends • Progress of court proceedings • Customer service issues • Future areas of emphasis (6.) Presentation on City of Lubbock Performance Measurement Program by Anna Mosqueda, Director of Management Services. This item was not presented. 10:24 A. M. WORK SESSION RECESSED 10:39 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councihnember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: None. Mayor Sitton called the meeting to order at 10:39 A. M. ( 7.) Associate Pastor of Church on the Rock, Gary Delay, gave the invocation. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. 164 City Council Meeting March 2, 2000 Page 165 BOARD APPOINTMENTS RECOGNITION Community Development and Services Board Receiving: Judy Blakey Carey Don Childers (unable to attend) Youth Commission Receiving: Smylie Wilson Junior High: Darnisha Molett (unable to attend) CITIZEN APPEARANCES ( 9.) Presentation of a special recognition to Frank Newton, Dean of the Texas Tech University Law School, and to Merrick Matthews and John West representing Delta Theta Phi Law Fraternity —Lindsey Senate for their volunteer work with the City of Lubbock Teen Court program. Dean Newton has been an ardent supporter of the Lubbock Teen Court program since its inception in 1987. Dean Newton's involvement has increased the amount of Texas Tech University Law School student participation in the program. As a result, Lubbock's Teen Court has developed into a quality program that has received national recognition. Likewise, the Delta Theta Phi Law Fraternity —Lindsey Senate, has provided services to the City of Lubbock Teen Court since 1991. Fraternity members have served as judges and counsel for teens during the adjudication of offenses, and they have helped train and coach Teen Court Bar members and mock trial teams. A special recognition was presented to Dean Newton, and Merrick Matthews and John West accepted the special recognition on behalf of the Delta Theta Phi Law Fraternity. Municipal Judge Robert Doty spoke and recognized Ed Cooper, Teen Court Coordinator, for his work in this regard. CONSENT AGENDA (Items 10-22) Motion was made by Councilmemall lr items t onon, seconded by consent agenda as Councilmember McDougal to approve recommended by staff. Motion carried: 7 Yeas, 0 Nays. (10.) Ordinance No. 2000-00006 abandoning Spur 327 Busineand ss Park Addition sto egress easement located m Loh the City of Lubbock (5902 66 Street) (second and final reading). ORDINANCE N0.2000-00006 AN ORDINANCE ABANDONING AND CLOSING A 201FOOT INGRESS- EGRESSESS EASEMENT LOCATED UB LUBBOCK, N LOT I3, SPUR LUBBOCK COUNTY, TEXAS, AND ADDITION TO THE CITY MORE PARTICULARLY DESCRIBED IN THE BODY O O I THIIAL ORDINANCE; THE DIRECTING THE CITY ENGINEER TO MARK THE CIT Y TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 165 City Council Meeting March 2, 2000 Page 166 (11.) Ordinance No. 2000-00007 abandoning and closing portions of Emory Street, Duke Street, and North Avenue V (also known as Canyon View Drive) and a 10-foot fire hydrant and water supply line easement located in Blocks 1 and 2, Canyon View Addition to the City of Lubbock, Lubbock County, Texas (2102 Emory Street) (second and final reading). ORDINANCE NO. 2000-00007 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF EMORY STREET, DUKE STREET, AND NORTH AVENUE V (ALSO KNOWN AS CANYON VIEW DRIVE) AND A 10 FOOT FIRE HYDRANT AND WATER SUPPLY LINE EASEMENT LOCATED IN BLOCKS 1 AND 2, CANYON VIEW 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. (12.) Ordinance No. 2000-00009 amending Chapter 27 of the Code of Ordinances with regard to the operation of taxicabs within the City of Lubbock (second and final reading). ORDINANCE NO. 2000-00009 AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE OPERATION OF TAXICABS WITHIN THE CITY OF LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (13.) Ordinance No. 2000-00010 changing the City of Lubbock 1999-2000 _ budget for municipal purposes for purchase of additional land for irrigation of effluent (second and final reading). ORDINANCE NO. 2000-00010 AN ORDINANCE MAKING CHANGES IN THE FY 1999-2000 BUDGET OF THE CITY OF LUBBOCK FOR GOVERNMENTAL PURPOSES. (14.) Ordinance No. 2000-00012 — Zone Case No. 2874 (north of 4th Street and east of Guava): Request of David L. Billingsley (for Fay Tice Billingsley) for a zoning change from R-1 to C-3 on Lots 5-8, Block 1, Moore-Elliston Addition (second and final reading). ORDINANCE NO. 2 000-00012 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2874; A ZONING CHANGE FROM R-1 TO C ZONING ON LOTS 5-8, BLOCK 1, MOORE-ELLISTON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE CK PROVIDING FOR PUBLICATION. AND (15.) Ordinance No. 2000-00013 — Zone Case No. 2875 (4230 37th Street). Request of ADC, Inc. (for Horace Henley) for a zoning change fro R-1 to R-1 specific use for townhomes on Lot 17, Block 6, Highland Place Addition (second and final reading). 166 City Council Meeting March 2, 2000 Page 167 ORDINANCE NO. 2000-00013 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2875; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR TOWNHOMES ON LOT 17, BLOCK 6, HIGHLAND PLACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) Ordinance No. 2000-00014 — Zone Case No. 2876 (west of Quaker and north of 1101h Street): Request of Burl Masters (for Excel Development) on a zoning change from R-1 to R-1 specific use for a reduced front setback, R-2, A-1 and A-2 limited to a private community center as defined in Section 29-10 (c) (10) on 14.26 acres of land out of Section 16, Block E-2 (second and final reading). ORDINANCE NO. 2000-00014 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2876; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR A REDUCED FRONT SETBACK, R-2, A-1 AND A-2 ZONING ON 14.26 ACRES OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (17.) Ordinance No. 2000-00015 abandoning and closing a down guy easement located in the High Plains Addition to the City of Lubbock (2605 82nd Street) . ORDINANCE NO.2000-00015 AN ORDINANCE ABANDONING AND CLOSING A DOWN GUY EASEMENT LOCATED IN THE HIGH PLAINS 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. When several of the tracts along 82' Street were dedicated in the High Plains Addition, a down guy easement for LP&L was dedicated along the south side of 82' Street, just west of University Avenue. LP&L no longer needs this easement and the owner of the property has requested that it be closed. The Right -of -Way Department recommended the approval of the first reading of this ordinance. (18.) Resolution No. 2000-R0071 authorizing the Mayor to execute a contract with Texas Tech University for campus bus service. 167 City Council Meeting March 2, 2000 Page 168 RESOLUTION NO. 2000-R0071 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, by and between the City of Lubbock and Texas Tech University to provide bus service for Texas Tech University. 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 City Council this 2nfl day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/Mildred Cox Mildred Cox, Director of Transportation Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Agreement is filed with Resolution No. 2000-R0071. The contract with Texas Tech University (TTU) for transit services is for a one-year period beginning September 1, 2000 and ending on August 31, 2001. Contract cost per hour will be $35 for each bus, with fuel cost adjustment above or below $1.05 per gallon. The price of $35 per hour covers full cost recovery for the City of Lubbock. Citibus has had a contract with TTU since 1968, with the fuel cost adjustment being added to the contract in 1981. In accordance with the TTU contract, Citibus does not collect fares from its passengers. If funds are available, The City of Lubbock is eligible to receive an equal amount from the Federal Transit Administration for each dollar collected from TTU. The additional funds are used to pay for system expenses which otherwise would have to be paid by the City. Citibus anticipates receiving $880,951 from TTU in FY 2000. The TTU Board of Regents will consider approval of the contract at their May meeting. The TTU Board of Regents requests that the City Council execute the contract first. Citibus recommended the approval of the TTU contract. 168 City Council Meeting March 2, 2000 Page 169 (19.) Resolution No. 2000-R0072 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development funding contract and all related documents between the City of Lubbock and the South Plains Community Action Agency/Child Care Management System for Quality Care enhancement of playgrounds from the Community Development Block Grant for Public Service. RESOLUTION NO. 2000-R0072 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and the South Plains Community Action Agency/Child Care Management System for Quality Care enhancement of playgrounds from the Community Development Block Grant (CDBG) Program for Public Service, 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 City Council this 2" day of March, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Interim Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Contract is filed with Resolution No. 2000-R0072. Grantee:. South Plains Community Action Management System Pro ram: Quality Care enhancement of playgrounds Agency/Childcare Funding Source: 1999-2000 Community Development Block Grant Use of Funds: Enhancement of two learning environments playgrounds. Amount: $15,000 Match: 25 % Return of Investment: 25 % over a ten-year period at 0 % interest. I•6i City Council Meeting March 2, 2000 Page 170 Terms: October 1, 1999 through September 30, 2000 Comments: Funding for this contract was approved by City Council at the June 10, 1999 City Council meeting. The contract is available for review in the City Secretary's Office. Community Development recommended the approval of this resolution authorizing the Mayor to execute this contract. (20.) Resolution No. 2000-R0073 authorizing the Mayor to execute an amended contract with V-Tech Environmental Services for a pre - construction environmental assessment of Lubbock Police Department firing range site at Lubbock Reese Redevelopment Authority. RESOLUTION NO.2000-R0073 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 of Company Standard Agreement between the City of Lubbock and Polly D. Vann d/b/a V-tech Environmental Services, 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 City Council this 2nd day of March, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Dan Dennison Dan Dennison, Environmental Compliance 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. 2000-R0073. On February 5, 2000, a contract was signed authorizing a Phase II Environmental Investigation for the Police Department small arms range to be located at Reese Center, and non -testing aspects of the assessment are presently underway. The cost for this environmental assessment was anticipated to be under $25,000 based on an estimate of the property boundaries. A boundary estimate was necessary due to a shortage of surveyors, and the contract was approved at that time in order to avoid construction delays that would affect the scheduled Police Games event. 170 City Council Meeting March 2, 2000 Page 171 Actual physical survey and boundary marking of the property was accomplished on or about February 21, revealing that the site was larger than estimated. Due to a significant number of environmental concerns in the vicinity of this property, an increased number of subsurface samples involving the whole of the staked area must be collected and tested. An adequate environmental assessment is essential to protect the City from potential liability for environmental problems that could be present on the property. The cost for an adequate assessment is $49,470 as indicated on the attached copy of the contract amendment. Staff recommended Council approval. (21.) Resolution No. 2000-R0074 (1) rescinding Resolution No. 2000-R0014 dated January 13, 2000 and (2) approving and authorizing publication of notice of sale for general obligation bonds and (3) ratifying said publication for the publication dates February 20, 2000 and February 27, 2000. RESOLUTION NO.2000-R0074 WHEREAS, the City Council of the City of Lubbock, Texas, has determined to issue general obligations bonds in the principal amount of $7,000,000; and WHEREAS, in connection therewith, the City Council passed Resolution No. 2000-R0014, dated January 13, 2000, approving and authorizing publication of notice of sale with respect to these general obligation bonds once a week for a period of thirty days prior to March 9, 2000; WHEREAS, the City Council meeting scheduled for March 9, 2000, was rescheduled to March 23, 2000, after four publications of the notice for the March 9 sale; and WHEREAS, February 20, 2000 and February 27, 2000 notice of sale was published with respect to these general obligation bonds for March 23, 2000, the next scheduled City Council meeting; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, that: 1. Resolution No. 2000-R0014, dated January 13, 2000, is hereby RESCINDED; and 2. The City Secretary is hereby authorized and directed to cause a notice of sale relating to the sale of general obligation bonds to be published once 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; and 3. Publication of said notice on February 20, 2000, and February 27, 2000 is hereby RATIFIED. PASSED AND APPROVED, this March 2, 2000. /s/ WINDY SITTON ATTEST: WINDY SITTON, MAYOR /s/ Kaythie Darnell Kaythie Darnell, City Secretary 171 City Council Meeting March 2, 2000 Page 172 A copy of Exhibit A is filed with Resolution No. 2000-R0074. Resolution No. 2000-R0014 dated January 13, 2000 was approved by the City Council and directed publication of the Notice of Sale of $7,000,000 in General Obligation Bonds on March 9, 2000. Subsequent to the passage of that resolution, it became necessary to change the City Council meeting from March 9, 2000 to March 23, 2000. In order to change the date and comply with the City Charter as to publication requirements in a general obligation bond sale, City Council is required to (1) rescind the earlier resolution and (2) pass a resolution to publish the new sale date of March 23, 2000. There is also a need to (3) ratify the two publication dates that occur prior to the March 2, 2000 City Council meeting. As the City Charter requires that the Notice be published weekly for 30 days, it was necessary to advertise on February 20, 2000, February 27, 2000, March 5, 2000 and March 12, 2000. Therefore, the Notice was published for the bond sale date of March 23, 2000 on February 20, 2000 and on February 27, 2000. Staff recommended passage of this resolution. (22.) Bid #00-011 - Utility Bodies (Fleet Services). This bid is for the purchase of twelve utility bodies to be installed on truck chassis for various departments. The low bid is $71,416.52 from Pick Up Pals, Inc. of Lubbock, Texas and is within the Capital Outlay - Motor Vehicle budget amount. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. 172 City Council Meeting March 2, 2000 Page 173 10:51 A. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Patterson made a motion to adjourn; Councilmember McDougal seconded the motion. Motion carried: 7 Yeas, 0 Nay. Y SIMN, MAYOR ATTEST: Kaythid Darnell, City Secretary Read and approved thisday ofi "_ <�l , 2000. WINDY SI , MAYOR B 173