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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/10/2003CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING APRIL 10, 2003 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 101h day of April, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:32 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T.J. Patterson Absent: Mayor McDougal and Council Member Cooke CITIZEN COMMENTS One citizen expressed comments to the Council. Belinda Conrad, 1906 491h Street, Lubbock, Texas, with Lubbock PET Project appeared to discuss Animal Services procedures. She referenced Code of Ordinances, Section 4.9. Ms. Conrad asked for an immediate investigation of the records of the City of Lubbock Animal Shelter. She also asked for a quick resolution and that her foster program be allowed to remain in operation during this time. Frank Garcia, a local contractor, was to appear to discuss unreasonable charges at the City of Lubbock Landfill. Mayor Pro Tem Hernandez asked if he was present. He was not present. Council Member Martin then stated that his personal goal as a Council member is to get a new animal shelter. Mayor Pro Tem Hernandez stated that a petition received from Ms. Conrad would be copied and made available to the Council Members. He asked Interim City Manager Tommy Gonzalez to address the issues to the entire Council to try to get this matter resolved by the end of this week. EXECUTIVE SESSION Mayor Pro Tem Hernandez stated the City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to "Pending or contemplated litigation, to deliberate the purchase, exchange, lease or value of real property, personnel, competitive matters of the public power utility, and to review certified agenda from the prior executive session" as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meeting Law. 7:58 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All Council Members were present except Council Member Cooke. (1•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Fire; Information Technology; Planning; Police; Traffic Engineering; Water Utilities). ( 1A.) 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 (Civic Center). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager; City Secretary). Regular City Council Minutes April 10, 2003 Page 320 (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: North Overton Tax Increment Financing Reinvestment Zone Youth Commission Community Relations Commission Lubbock Entertainment Task Force (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding operation, financial and capital statements and budgets, revenue and expense projections, strategic and business plans and studies of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency; to deliberate, vote and take final action on a competitive matter regarding retail energy sales/contracts by the City of Lubbock. ( 5,) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.103, to review certified agenda from the prior executive session (City Secretary). 9:40 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson, Tommy Gonzalez, Interim City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Council Member Cooke. Mayor McDougal called the meeting to order at 9:40 A. M. (6.) Invocation by Father Andres Mendoza, Priest of Our Lady of Guadalupe Catholic Church (7.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. BOARD APPOINTMENTS RECOGNITION Entertainment Lubbock Task Force Receiving: Jim Bertram (unable to attend) Don Caldwell Tina Fuentes (unable to attend) Phyllis Jones Dick Milam (unable to attend) Phil Price ( g,) Presentation of a Special Recognition to the Estacado High School Lady Matadors Basketball Team for claiming the District 44A Championship title. This item was deleted. 320 Regular City Council Minutes April 10, 2003 Page 321 ( 9.) Presentation of a Special Recognition to the Estacado High School Matadors Basketball Team for claiming the District 44A Championship title. This item was deleted. (10.) Presentation of a Special Recognition to the Lubbock American Cancer Society and the City of Lubbock's Health Education Team to commemorate April 2003 as Colon Cancer Prevention and Awareness Month in Lubbock. April 2003 will be designated as Colon Cancer Prevention and Awareness Month to bring attention to the importance of education and early detection in fighting Colon Cancer. The American Cancer Society and the City of Lubbock's Health Education Team are major proponents of cancer prevention, education, and early detection. Dr. Davor Vugrin, M.D., President and Chris Rogers, Interim Health Education Manager for the City of Lubbock accepted a special recognition presented by Mayor Pro Tern Hernandez commemorating April 2003 as Colon Cancer Prevention and Awareness Month in Lubbock. CONSENT AGENDA (Nos. 11-18, 20-221 Motion was made by Council Member Patterson, seconded by Council Member Morrison to approve Items 11-18, 20-22 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (11.) Approval of Minutes: March 27, 2003 Regular City Council Meeting (12.) ORDINANCE #2003-00025—ZONE CASE NO. 2962 (1313 Itasca Street): Request of John M. Hall for Charles M. Hall for a zoning change from R-2 to M-1 for a warehouse on Lot 7, Block 12, Country Club Addition (second and final reading). ORDINANCE NO. 2003-00025 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2962; A ZONING CHANGE FROM R-2 TO M-1 ZONING ON Lot 7, Block 12, COUNTRY CLUB ADDITION LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (13.) ORDINANCE #2003-00026—ZONE CASE NO. 2719-C (north of 82nd Street and east of University Avenue): Request of Halle Properties for a zoning change from C-2 to C-3 for a tire, battery and accessories store on an unplatted 1.34-acre tract of land out of Section 4, Block E (second and final reading). ORDINANCE NO. 2003-00026 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2719-C; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON AN UNPLATTED 1.314 ACRE TRACT OF LAND OUT OF SECTION 4, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 321 Regular City Council Minutes April 10, 2003 Page 322 (14.) Resolution No. 2003-R0137 authorizing the Mayor to execute a contract with Via Technologies for scheduling and time entry software for Citibus. RESOLUTION NO. 2003-R0137 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 by and between the City of Lubbock and VIA Technology and LLC, for Workforce Automation (WFA)--- Labor Scheduling, Time and Attendance and Import/Export Utility, and related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 1 Oth day of April, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director of Planning/Transportation APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2003-R0137. This is for the purchase of scheduling and time entry software, called Workforce ROI, to be used by Citibus. The Workforce ROI software will be used to streamline the scheduling, time keeping, and payroll processes. Clifton Gunderson Solutions, the firm that maintains Citibus' accounting software, reviewed Citibus' current timekeeping and payroll processes and recommended Workforce ROI as the best software to (1) meet our desire to streamline labor management, (2) increase accuracy and efficiency, and (3) integrate with Great Plains Dynamics, our existing accounting software. In addition, this software will help to control the overtime paid out and will allow the data to feed directly into the accounting software. This will reduce the hard -to -track errors caused by hours entered manually by four different employees in four different places before it gets into the accounting software. If approved, the software will be purchased on the state contract (QISV) from Via Technologies at a price of $35,010. Citibus would like to be able to implement this software by mid -May. The Lubbock Public Transit Advisory Board approved this purchase at their February 25, 2003 meeting. The Federal Transit Administration will cover 80% of this amount from a FY2001 grant and the remaining 20% will come from the FY2001 Citibus budget, which has been carried over. No additional funding will be needed from the City of Lubbock. 322 Regular City Council Minutes April 10, 2003 Page 323 Citibus recommended approval of this resolution. (15.) Resolution No. 2003-RO138 authorizing the Mayor to execute a grant application to the Federal Emergency Management Agency (FEMA) for fire fighting funds. RESOLUTION NO.2003-RO138 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Manager of the City of Lubbock or his designee BE and is hereby authorized and directed to sign and submit an application to the United States Federal Emergency Management Administration to procure training supplies and station exhaust systems to be used by the City of Lubbock Fire Department and to allocate the sum of $32,539 in matching funds for said Grant, and all related documents. Said Grant 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 loth day of April, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Steve Hailey Steve Hailey, Fire Chief APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Grant is filed with Resolution No. 2003-R0138. For fiscal year 2003, Congress appropriated $750,000,000 to carry out the activities of the Assistance to Firefighter Grant Program. Fire Departments may apply for grant funds from one of four categories approved for funding. The Lubbock Fire Department is applying for funding in the area of Firefighting Operations and Safety. As a result of Lubbock's population bracket, the grant requires a 30% local match of the Federal funds approved. The total amount of our grant package is $108,464, for which the resulting match will be $32,539. If awarded, the Public Safety Capital Projects Fund will provide matching funds. All Federal funding must be obligated by September 30, 2004. Staff recommended approval of this resolution (16.) Resolution No. 2003-RO139 authorizing the City Council to approve the recommendation of the Parks and Recreation Board regarding FY 2002 — 2003 use of in -kind services by City of Lubbock Departments for special event support. 323 Regular City Council Minutes April 10, 2003 Page 324 RESOLUTION NO. 2003-RO139 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby approves the recommendations of the Parks and Recreation Board with regard to FY2000-2001 use of in -kind services by City of Lubbock departments as set forth in Exhibit "A" hereto, which said Exhibit "A" is attached hereto and made a part hereof as if fully copied herein in detail. Passed by the City Council this 10th day of April, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell Parks and Recreation Director APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Exhibit "A" is filed with Resolution No. 2003-RO139. At the January 9, 1997 City Council meeting, the City Council approved Ordinance #9965, which amended Chapter 2 of the Code of Ordinances of the City of Lubbock. In doing so, the duties of the Parks and Recreation Board were expanded to include review of requests for in -kind services for special/community events. The special events policy was developed in order to track special event support and monitor the increase of special events requests received from nonprofit organizations in the City of Lubbock. The policy allocates up to $200,000 annually for in -kind services. Of that amount 90% ($180,000) is earmarked for existing events, while the remaining 10% ($20,000) are targeted for new events. Each year, City staff conducts at least two training sessions for local nonprofit and civic organizations to familiarize them with the special events policy and the grant process. Applications for new events requesting in -kind services are due at least forty-five days prior to the event. Once received, departmental staff reviews the application to ensure that the request is appropriate. For example, the Police Department reviews requests for security and traffic control to ensure that the appropriate number of officers was requested. If needed, adjustments are made to the requests and the applicants are notified. The Parks and Recreation Board will then rate the grant application for in -kind City services based on the applicant's response to nine subjective questions for each event. Each subjective question is worth up to five points from the individual Parks and Recreation Board members. The individually graded applications are then returned to staff in order to determine the aggregate score. There are a total of 405 possible points on the subjective section and an additional 250 possible points on the objective section of the application, with a possible 655 points for each event. The objective section deals with the percent of budget that is publicly funded, the applicant's nonprofit status, etc. 324 Regular City Council Minutes April 10, 2003 Page 325 On March 25, 2003, the Parks and Recreation Board approved the aggregate scoring and recommended the following Special Event Application for in -kind services: Event In -Kind Percent In -Kind Requested Awarded Proposed Cinco de Mayo $1,240 91% $1,128 Parade Total $1,240 $1,128 To date, there is a total of $99,862 of in -kind services approved for FY 2002-2003, with a total of $1,128 to be considered for approval, all of which will be absorbed within the existing departmental budgets. The event organizers will be responsible for making up the difference. Since the event being recommended for approval is an existing event, this would leave a balance of $81,536 of in -kind services that can be allocated for existing special events and $18,602 for new events in FY 2002-2003. Staff recommended approval of this resolution. (17.) Resolution No. 2003-R0140 supporting the funding of Medicaid community -based programs at their current levels in support of people with disabilities. RESOLUTION NO.2003-R0140 WHEREAS: People with disabilities are a valuable part of the community; and, WHEREAS: Lubbock gains strength through inclusion and integration of people with disabilities in our community; and WHEREAS: The Supreme Court ruled in 1999 that States must provide services to people with disabilities in the most integrated setting possible; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: _ SECTION 1. THAT the City Council of the City of Lubbock, Texas, hereby supports Medicaid community -based programs at their current level of funding, so that people with disabilities can continue to be active participants and contributors to the daily life of this State's towns and cities. SECTION 2. THAT the City of Lubbock confirms that people should be free from being forced into nursing homes and other institutions because of the lack of community -based programs. Passed by the City Council on this 1 Oth day of April, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tony Privett by Bob Goodwin Tony Privett, Managing Director of Communication and Legislation APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 325 Regular City Council Minutes April 10, 2003 Page 326 Michelle Crain, Executive Director of Life Run Center for Independent Living, came before City Council during the citizen comment period of the March 27th meeting. In response to State budget shortfalls, the legislature is proposing cuts to health and human services. The Center of Public Policy Priorities estimated that proposed cuts in DHS and HHSC (Medicaid) services would impact Lubbock County as follows: $111.6 million lost in 2004-2005, 5,033 caseload reductions in 2005, and 6,182 elderly and disabled losing prescription benefits. Ms. Crain asked the City Council to pass a resolution supporting the continued State funding of Medicaid community -based programs at their current levels, so that people with disabilities will not be forced into nursing homes due to the lack of these services. Staff recommended approval of this resolution. (18.) Resolution No. 2003-R0141 authorizing and directing the Mayor to execute an Agreement and Conveyance conveying all right, title and interest of the City of Lubbock in the land underlying that portion of Avenue N located between Broadway and 13th Street to the First United Methodist Church Lubbock, Texas. RESOLUTION NO. 2003-R0141 BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a Resolution authorizing and directing the Mayor to execute an Agreement and Conveyance conveying all right, title and interest of the City of Lubbock in the land underlying that portion of Avenue N located between Broadway and 13th Street to the First United Methodist Church Lubbock, Texas. Said Agreement and Conveyance is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 1 Oth day of April, 2003. /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/ John Knight John Knight, Assistant City Attorney A copy of the Agreement and Conveyance is filed with Resolution No. 2003-R0141. The adoption of this Resolution and the execution of the attached Agreement and Conveyance will complete the transfer of the real estate underlying that portion of Avenue N between Broadway and 131h Street to the First United Methodist Church Lubbock, Texas. The use of the said portion of Avenue N as a public street was abandoned by the City Council at its meeting on March 27th Staff recommended approval of this resolution. 326 Regular City Council Minutes April 10, 2003 Page 327 (19.) Resolution No. 2003-R authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Personal Services Agreement and all related documents between the City of Lubbock and Carroll McDonald for reimbursement of management services to Lubbock Power and Light. This item was deleted. (20.) Resolution No. 2003-R0142 authorizing the Mayor to sign a contract with Tiburon for the purchase and maintenance of a software upgrade for the shared public safety computer system used by the Police and Fire Departments. RESOLUTION NO. 2003-R0142 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 Software License Agreement and System Implementation Agreement with Tiburon, Inc. for the purchase and maintenance of a software upgrade for the shared public safety computer system used by the Police and Fire Departments. 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 1 Oth day of April, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones, Police Chief 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. 2003-R0142. This software upgrade is a broad Computer Aided Dispatch (CAD) and Records Management System (RMS). The contract will permit the upgrade of the public safety systems supporting Police and Fire services. Tiburon is the vendor for our current public safety computer system. Staff is using Tiburon's Phoenix software. However, by 2006, Tiburon is going to stop providing software upgrades and maintenance support for the Phoenix products. As an incentive to upgrade the software as soon as possible, if staff begins the software upgrade in 2003, Tiburon offered 100% licensing discounts from our current software to apply to the price of the software upgrade. If staff fails to take advantage of the licensing discounts, there is a significant drop in cost savings per year, until 2006. The licensing discounts, at 100%, will allow a cost savings of $326,100. A copy of the software -pricing summary was provided in Council backup. 327 Regular City Council Minutes April 10, 2003 Page 328 The Police and Fire Departments recommended approval of this resolution. (20A.) Resolution No. 2003-RO143 authorizing the Mayor to approve two additional committee members to the Entertainment Lubbock Task Force, to bring the total number of members to eight. RESOLUTION NO. 2003-RO143 WHEREAS, the City Council of the City of Lubbock established the Entertainment Lubbock Task Force on February 13, 2003; and WHEREAS, the City Council desires to amend the terms of office for the Entertainment Lubbock Task Force; and WHEREAS, the City of Lubbock's entertainment industry has developed talent, venues, and events that are recognized regionally, statewide, nationally and internationally; and WHEREAS, the unique talent, venues, and events in the City of Lubbock have created an awareness of Lubbock and attracts tourists and visitors to our community every year; and WHEREAS, it is important for the City of Lubbock to build upon the potential of its entertainment industry to create new opportunities culturally, artistically, and financially; and WHEREAS, the creation of a committee to help organize the diverse elements that contribute to the success of a strong entertainment industry in the City of Lubbock and to provide direction and support for its growth is essential to ensure the success of the City's entertainment industry in the future; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT an Entertainment Lubbock Task Force is hereby created by the City Council of the City of Lubbock, which shall perform its duties in accordance with the following criteria: 1. The Resolution dated February 13, 2003, is hereby repealed and shall be replaced with the provisions set forth hereto. 2. The primary objective of the Committee shall be to develop recommendations for the City Council with regard to the development, organization, coordination and funding of events that would take advantage of the various talent and venues associated with the City of Lubbock's entertainment industry while working collectively with entertainment entities throughout the region and that would have a positive impact on tourism within the City. 3. The Committee will consist of eight (8) members appointed by the Mayor. The Mayor shall appoint the Chair from among the members appointed to the Committee. The City Manager of the City of Lubbock shall appoint a staff liaison to the Committee. 4. Regular meeting will be held at times and locations established by a majority of the Committee members. A simple majority shall constitute a quorum, and a majority vote of the quorum shall be required for any action to be taken by the Committee. 5. The Entertainment Lubbock Committee members shall serve for a term of one year or until such time as their successors are appointed. 6. Reports shall be presented by the Chairperson of the Committee to the City Council as requested by the City Council. 328 Regular City Council Minutes April 10, 2003 Page 329 Passed by the City Council this 1 Oth day of April, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Deputy City Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney The Entertainment Lubbock Task Force will help to organize, provide support and direction to the diverse elements of the entertainment industry in Lubbock. The Task Force will help to promote growth of the entertainment industry in Lubbock. The primary objective of the Committee shall be to develop recommendations for the City Council on the organization and coordination of the various talent, venues, and events of the City of Lubbock's entertainment industry that occur in the region. The Committee will consist of eight members appointed by the Mayor. The Mayor will appoint the Chair among the members appointed to the Committee. The City Manager will appoint a staff liaison to the Committee. Staff recommended approval of this resolution. (21.) Resolution No. 2003-110144/13ID #023-03/RS—for Lubbock Memorial Civic Center Theater Sound Reinforcing System (Civic Center). RESOLUTION NO.2003-RO144 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 Civic Center Theater sound reinforcing system, by and between the City of Lubbock and Tarpley Music Company, 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. 329 Regular City Council Minutes April 10, 2003 Page 330 Passed by the City Council this 1 Oth day of April, 2003. /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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 10th day of April, 2003, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Tarpley Music Company, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #023-03/RS - LUBBOCK MEMORIAL CIVIC CENTER THEATER SOUND REINFORCING SYSTEM - $32,950.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 330 Regular City Council Minutes April 10, 2003 Page 331 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Freddy Chavez Owner's Representative APPROVED AS TO FORM: /s/ William de Haas CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: Tarpley Music Company, Inc. By: /s/ David Tarpley City Attorney PRINTED NAME: David Tarpley TITLE: Vice -President ATTEST: Corporate Secretary COMPLETE ADDRESS: Tarpley Music Company, Inc. /s/ John Tarpley 3737 50th Street Lubbock, TX 79413 This project involves the installation of new amplifiers, speakers, compact disc/cassette player and cabling at the Lubbock Memorial Civic Center Theater. The project also includes additional inputs on the theater stage, which will complement the existing soundboard. The current sound reinforcement equipment has become inadequate to handle lessees' requests and is reaching the limit of expected service. The technology associated with sound equipment is changing rapidly and also makes it cost effective for groups that utilize the sound system. The existing sound system is unable to meet the sound quality and requirements of groups leasing the Civic Center Theater. The current sound system equipment has been utilized for the past 10 years and is close to its life expectancy. Seventeen local companies were notified of this Invitation to Bid. The low bid is $32,950 from Tarpley Music Company, Inc. of Lubbock, Texas. FISCAL IMPACT: A total of $62,000 was appropriated and $62,000 is available in project number 90170.9226 (Theater Sound System Upgrade) for this purpose. Award contract to Tarpley Music Company, Inc. of Lubbock, Texas for $32,950, or such alternative action as the City Council may deem appropriate. (22.) Resolution No. 2003-110145/13ID #043-03/RS — for Police Firing Range Site Revegetation (Police Training Academy). RESOLUTION NO.2003-RO145 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 police firing range site revegetation, by and between the City of Lubbock and Tom's Tree Place 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. 331 Regular City Council Minutes April 10, 2003 Page 332 Passed by the City Council this 1 Oth day of April, 2003. /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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 10th day of April, 2003, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Tom's Tree Place, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #043-03/RS - POLICE FIRING RANGE SITE REVEGETATION - $90,520.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 332 Regular City Council Minutes April 10, 2003 Page 333 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Harlan Stauffer Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Jeanne Scarborough CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: Tom's Tree Place By: /s/ Scott A. Scarborough PRINTED NAME: Scott A. Scarborough TITLE: Vice -President COMPLETE ADDRESS: Tom's Tree Place 5104 34th Street Lubbock, TX 79410 This project involves the installation of ground cover on the two berms at the Lubbock Police Department Firing Range. The berms will have the existing vegetation (weeds) cut down. Approximately 116,000 square feet of hydro -mulch will then be applied to the surface of the berms. Also included is the seed drilling of approximately 335 acres of land with a native grass mixture. The ground cover on the berms is critical to the preservation of the life of the berms. The City has spent over $1.5 million on the construction of the facility. The current situation of the berms is such that without vegetation, the berms are rapidly deteriorating, structurally, aesthetically and environmentally due to water (rain) erosion. Ground cover will prevent expensive repairs caused by this deterioration. Twenty-two local contractors were notified of this Invitation to Bid. The low bid is $90,520 from Tom's Tree Place of Lubbock, Texas. FISCAL IMPACT: A total of $120,000 was appropriated and $111,474 is available in project number 8455 (Police Department Academy Erosion Control) for this purpose. Award contract to Tom's Tree Place of Lubbock, Texas for $90,520, or such alternative action as the City Council may deem appropriate. ADMINISTRATIVE SERVICES Community Development (23.) Consider approval of a donation to HOME MATCH of an Urban Renewal Lot at 2008 Southeast Drive, designated as Parcel 15760-13- 30, legally described as Lot 3, Block 13, Coronado Addition to the City of Lubbock, Lubbock County, Texas, to further affordable Housing. This is a donation of the subject vacant lot by the Urban Renewal Agency to the HOME Program as match to further affordable housing for new construction in the Coronado Addition. The lot price of $400 set by the Urban Renewal Board of Commissioners is the match value. Leroy Hardaway, Jr. and wife, Ethel Mae Hardaway have been approved for the 2002-2003 New Construction Loan (NCL) Program for a 20-year note at three percent (3%) interest and a No -Interest Deferred Payment 333 Regular City Council Minutes April 10, 2003 Page 334 Loan (NIDP) with no payment and no interest note that is reduced by 1 /20" per year, to a zero balance at the end of the 201h year. The Hardaways selected this lot at 2008 Southeast Drive with the proposed single-family exterior brick home and with insulated concrete forms. The home will be 1,400 square feet, with four bedrooms, two baths and a one - car attached garage with an estimated cost of $78,000. The lot is properly zoned for residential development. The New Construction Program is designed to build quality affordable housing in the targeted areas and/or on Urban Renewal lots, by providing infill of newly constructed houses on vacant lots. Low-income families and individuals who have not owned a home within the last three years are provided an opportunity to become first time homeowners through this program. The Home Investment Partnership Program (HOME) for fiscal year 2002-2003 will provide $240,000 in federal funds for the construction of three single-family structures. The Urban Renewal Board of Commissioners approved the donation on March 18th, 2003. The Community Development staff recommended approval of this item. Motion was made by Council Member Boren, seconded by Council Member Patterson to donate the lot as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (24.) Consider the price and conditions of sale of Parcels 78990-13-20 & 78990-13-21 at 1507 E. 271h Street and 1509 E. 271h Street, legally described as Lots 20 and 21, Block 13, Sieber Addition to the City of Lubbock, Lubbock County, Texas. This is a sale of two vacant lots by the Urban Renewal Agency to Charles E. Key dba Key Construction Company for $401 per lot for a total of $802. Mr. Key is participating in the Urban Renewal Land Rush Program. These lots are to be developed with two duplexes with approximately 850 square feet per unit for a total of 1700 square feet per structure at an estimated cost of $80,000 per structure. The lots are properly zoned for duplex development. The Urban Renewal Board of Commissioners approved the proposed sales at the Urban Renewal Land Rush Special Board Meeting of January 18, 2003. The Community Development staff recommended approval of the sale. Motion was made by Council Member Morrison, seconded by Council Member Boren to sell these lots as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (25.) Consider the price and conditions of sale of Parcels 13090-27-17 at 513 East Queens, legally described as Lot 17, Block 27, Carter Coffey Addition; Parcel 66930-3-3 at 2217 2"d Place, legally described as Lot 3, Block 3, Perkins Subdivision of Blocks 17-21, Roberts and McWhorter Addition; Parcels 18000-1-100, 18000-120, 18000-170 at 7307 Globe Avenue, 7306 Hickory Avenue and 7305 Hickory Avenue, legally described as Lots 10, 12, and 17 respectively, of the Del Prado Addition to the City of Lubbock, Lubbock County, Texas. This is a sale of five vacant lots by the Urban Renewal Agency to Patrick Kelly for the construction of five new single-family residences with estimated square feet of 1,169 to 1,379. The estimated sale prices will vary from $62,000 to $75,000. The sale prices of the Urban Renewal vacant lots to Patrick Kelly are as follows: 513 East Queens Street for $200; 2217 2"d Place for $200; 7307 Globe Avenue for $300, 7306 Hickory Avenue for $300; and 7305 Hickory Avenue for $300. Mr. Kelly is participating in the Urban Renewal Land Rush Program. The lots are properly zoned for residential development. 334 Regular City Council Minutes April 10, 2003 Page 335 The Urban Renewal Board of Commissioners approved the proposed sale at the Urban Renewal Land Rush Special Board Meeting of January 18, 2003. The Community Development staff recommended approval of the sale. Motion was made by Council Member Morrison, seconded by Council Member Boren to sell these lots as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Fleet Services _ (26.) Resolution No. 2003-RO146NBID #005-03/DC — for Row Crop Farm Equipment, and reject all bids (Fleet Services). RESOLUTION NO.2003-RO146 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 reject all bids for row crop farm equipment per ITB# 005-03/DC for and on behalf of the City of Lubbock. Said ITB is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 10th day of April, 2003. /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 ITB is filed with Resolution No. 2003-R0146. This bid is for the purchase of two rotary hoe aerators, two stacker bar planters, two cultivators, two tandem disk harrows, two round bale cradles, two gooseneck trailers, and two agriculture tractors for the row crop program. Twenty-eight local companies were notified of this Invitation to Bid. The low bids are from the following companies: Scott Tractor & Equipment Company of Lubbock, Texas $288,246 South Plains Implement of Denver City, Texas 89,904 Adams Farm Equipment Company of Lubbock, Texas 15,688 H&H Trailer Sales of Lubbock, Texas 13,042 Total $406,880 South Plains Implement, Adams Farm Equipment, and H&H Trailer have agreed to sell this equipment to other governmental entities that have cooperative purchasing agreements with the City of Lubbock. The City 335 Regular City Council Minutes April 10, 2003 Page 336 has cooperative purchasing agreements with Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, and City of Wolfforth. As early as 2000, the crop consultants, hydrologist and outside legal counsel started hinting that it might be necessary to terminate the cattle grazing program and seek alternative cropping systems. These recommendations were met with a great deal of apprehension, since through 1992, the City of Lubbock Land Application Site used a corn/wheat rotation with little success. The lack of success was because the Texas Commission on Environmental Quality would allow only 160 units of supplemental nitrogen per acre. This is not sufficient nitrogen to maximize yields in order to recover a higher percentage of associated cost. The consultants now recommend that no supplemental nitrogen be applied, thereby making it impossible to make a corn crop. Terry Ellerbrook, John Hindman, Richard Casner, and crop consultants agree that canceling the row crop program is in the City's best interest due to the restrictions with which staff is faced. with. The Lubbock Land Application Site will operate a haying program this growing season. It is expected that revenues will be very low in comparison to cattle grazing. FISCAL IMPACT: A total of $361,000 was appropriated and $312,434 is available in project number 6415.8704 (Row Crop Project) for this purpose. Reject all bids, or such alternative action as the City Council may deem appropriate. Rejection of bids by City Council does not affect bid award by governing bodies of other governmental entities that have cooperative purchasing agreements with the City of Lubbock and who elect to purchase this equipment. Victor Kilman, Purchasing Agent made staff comments. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2003-RO146 to reject all bids as recommended by staff. Motion carried: 6 Yeas, 0 Nays. DEVELOPMENT SERVICES Land Application (27.) Resolution No. 2003-RO147 authorizing the Mayor to execute an Amendment, Renewal and Extension of the Interlocal Agreement between the City of Lubbock and the Texas Agricultural Experiment Station. RESOLUTION NO.2003-RO147 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, Renewal and Extension of Interlocal Agreement by and between the City of Lubbock and Texas Agricultural Experiment Station, 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. 336 Regular City Council Minutes April 10, 2003 Page 337 Passed by the City Council this 10th day of April 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook Managing Director of Public Works APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Agreement is filed with Resolution No. 2003-R0147. The City of Lubbock and Texas Agricultural Experiment Station would like to extend this agreement for a one-year term as allowed in the original agreement dated April 11, 1996. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2003-RO147 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (28.) Resolution No. 2003-RO148 authorizing the Mayor to sign an Amendment to an Agreement for Professional Services between the City of Lubbock and Agri -Waste Technology, Inc., a North Carolina corporation. RESOLUTION NO.2003-RO148 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 to Agreement for Professional Services between the City of Lubbock and Agri -Waste Technology, Inc. ("AWT"), and any other 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 Council. 337 Regular City Council Minutes April 10, 2003 Page 338 Passed by the City Council this 1 Oth day of April 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook Director of Public Works APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Amendment is filed with Resolution No. 2003-R0148. A new land application system has been designed to more effectively manage effluent application to ensure protection of groundwater and compliance with regulatory permit parameters. The agreement authorizes Agri -Waste Technology, Inc., who developed the program, to evaluate a variety of operational and environmental data related to the Lubbock Land Application Site and make recommendations to improve operation. This amendment will extend the term of the agreement to January 1, 2004. Staff recommended approval of this resolution. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass Resolution No. 2003-R0148 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Water Utilities (29.) Consider the Citizens Advisory Committee's recommendation for the Pump Station 10 Ground Storage Reservoir replacement, receive public comment and take appropriate action (82"d Street and Memphis Avenue). This project involves replacement of the 10 million gallon drinking water reservoir at Pump Station 10 (82"d Street and Memphis Avenue). The reservoir must be replaced to comply with Texas Council of Environmental Quality (TCEQ) requirements and potential structural failure concerns. The TCEQ has noted that the reservoir roof does not meet minimum slope requirements that contribute to inadequate drainage of rainfall. Also, inspection of the reservoir in May 2002 by City and TCEQ staff indicated serious concerns about the structural ability of the floor and roof to function in the near future. A meeting was held in September 2002 to inform the public of the project. Due to public comment and at Council direction, a Citizens Advisory Committee (CAC) was formed. David Miller, CEO of the MedGroup, chaired the committee. The CAC was to evaluate the need for the project and methods to integrate the project into the neighborhood. The CAC has held five meetings since October with the last one being held on March 25`h. At that meeting, the CAC unanimously selected the construction of one seven million gallon round reservoir with exterior brick treatment and a brick and wrought iron fence. A meeting was scheduled for April 8, 2003 beginning at 6 pm at HealthPoint to inform the public of the final project selection. 338 Regular City Council Minutes April 10, 2003 Page 339 Staff recommended approval of the Citizens Advisory Committee recommendation. Ches Carthel, Chief Engineer, Water Utilities, gave staff comments. Motion was made by Council Member Boren, seconded by Council Member Morrison to accept Citizens Advisory Committee's recommendation. Motion carried: 6 Yeas, 0 Nays. MISCELLANEOUS Budget and Research — (30.) Ordinance No. 2003-00028 amending the FY 2002-03 City of Lubbock Budget to transfer funds from unreserved fund balance in the General Fund to the Airport Passenger Facility Charge Fund ($735,829.48). ORDINANCE NO.2003-00028 AN ORDINANCE MAKING CHANGES IN THE FY 2002-03 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. On application number 94-02-U-01-LBB, Lubbock International Airport included a project for a commercial apron and taxiway to be funded with a Certificate of Obligation (property tax funds). The bond sale totaled $3,625,000 and consisted of $2,725,000 (75% funded by the PFC) for the commercial apron and taxiway project and $900,000 (25% property tax funds) for the acquisition of the FAA Hangar. The bonds sold to acquire the hangar had no relationship with the PFC Fund. The first bond payment was correctly paid from the PFC and general funds (property tax funds). However, the accounting entries made in the subsequent years were incorrect, deducting the full 100% from the PFC fund rather than the intended 75%. The PFC Fund has been paying 100% of the debt service since fiscal year 1994/95. The net effect on the PFC Fund is approximately $735,829 in principal and interest. -- An analysis completed by the Airport Accounting and Finance Department staff concludes that $583,067.17 needs to be transferred from the General Fund to the PFC fund for reimbursement of principal and interest payments that were not correctly transferred from 1994/95 to 2000/01 on the Tax & Airport Surplus Revenue Certificates of Obligation, Series 1993. In addition, $152,762.31 in interest earnings on these funds should also be transferred to the PFC fund from the City's General Fund (interest calculation is attached). The Airport staff has discussed this information with the FAA Southwest Regional Office. The City is in receipt of a written statement of understanding and acceptance from the FAA that they are satisfied with this resolution to the accounting error that occurred in 1994-2001. Staff recommended approval of this ordinance. Mark Earle, Director of Aviation, gave staff comments. Mr. Earle stated this matter was reported to City management approximately three years ago. City management said it would be resolved once it was validated. The accounting department agreed that there was a problem and then they worked to determine the detail of how much the principal was that was transferred out of the fund. Accounting calculated how much interest was due for those payments in each individual year. The accounting person doing most of the work on this passed away. These all caused delays. Council Member Boren asked Interim City Manager Tommy Gonzalez why this was not picked up by the internal and external auditors? Mr. Gonzalez stated he had looked into it, but so far he had not found that it was something that picked up in audit. He is to get back with Council with a final recommendation. 339 Regular City Council Minutes April 10, 2003 Page 340 Mr. Earle also stated that the relationship with FAA was not affected. FAA told them to correct this and report on it when the process is completed. Council Member Boren asked Interim City Manager Gonzalez if he had any process in place to keep these things from occurring or any additional checks and balances to help find and resolve future issues. Mr. Gonzalez stated they are working on this matter. Council Member Boren requested that they continue doing this. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00028 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Communications/Lel4islation (31.) Resolution No. 2003-R0149 adopting items to be added to the previously approved legislative priorities for the 78th Legislative Session defining the position of the City of Lubbock and take appropriate action. RESOLUTION NO.2003-R0149 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby adopts the following items to be added to the previously approved legislative priorities for the 78th State Legislative Session defining the position of the City of Lubbock, subject to the Omnibus Legislative Policy as set forth in Resolution 2002-R0525. Said additional Legislative priorities 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 1 Oth day of April 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tony Privett Tony Privett Director of Communications and Legislation APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the additional Legislative priorities is filed with Resolution No. 2003-R0149. This item was placed on the agenda at the request of Councilman Gary Boren for Council deliberation, discussion, and position. The item to be added is HB 262, relating to the funding of convention center hotel facilities in certain municipalities. With appropriate amendments, this bill allows the City to have increased options in funding convention center facilities. Staff requested Council's direction on these bills. Interim City Manager Tommy Gonzalez gave staff comments. 340 Regular City Council Minutes April 10, 2003 Page 341 Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2003-RO149 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. Other (32.) Ordinance No. 2003-00029 amending Chapter 2, Article, IX, of the Code of Ordinances with regard to the operation and duties of the Lubbock Public Transit Advisory Board. ORDINANCE NO.2003-00029 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the health, safety and welfare of the citizens of Lubbock to revise the operation and duties of the Lubbock Public Transit Advisory Board; At the January 8, 2003, Work Session, Arden Hawkins, Chairman of the Lubbock Public Transit Advisory Board, requested direction from the City Council on the future role the Board is to play in oversight of Citibus. The Board's role for the last ten years is somewhat out of step with the Code of Ordinances. The City Council consensus was to bring the Code of Ordinances provisions into alignment with the Board's current role. The ordinance accomplished that task while maintaining the Board's advisory status. Section 2-246. Duties and Authority, of the proposed ordinance provides the following: (a) The Board shall be responsible for recommendations to the City Council on the transit system's annual budget, Federal and State grant applications, and capital expenditures and contracts that are in excess of twenty-five thousand dollars. (b) The Board shall be responsible for approval of all service changes and policies affecting operations of the transit system, subject to City Council review and such other duties as the City Council may delegate to it. (c) The Board shall conduct all necessary public hearings. (d) The Board shall have the authority to set fares for all transit services, subject to City Council review. Staff recommended approval of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00029 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal was away from the dais. (32A.) Accept the Certification of Unopposed Candidate for the May 3, 2003 Special City Election to fill the position of City Council, District 6. This item was deleted. (32B.) Ordinance No. 2003-00027 canceling the May 3, 2003 Special City Election, and declaring the unopposed candidate elected to the office of City Council, District 6 (second and final reading). ORDINANCE NO.2003-00027 AN ORDINANCE DECLARING THE UNOPPOSED CANDIDATE IN THE MAY 3, 2003, SPECIAL CITY ELECTION TO FILL A VACANCY IN CITY COUNCIL DISTRICT NO. 6 TO BE ELECTED TO OFFICE; CANCELING THE ELECTION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Only one candidate (Jim Gilbreath) filed an application for the office of City Council, District 6. Mr. Gilbreath was unopposed. This included being unopposed by any write-in candidates. The deadline to declare and 341 Regular City Council Minutes April 10, 2003 Page 342 file as a write-in was April 7, 2003 by 5:00 p.m. In addition, no proposition was to appear on the ballot. After receiving the certification of unopposed candidate from the City Secretary, the City Council, by ordinance, declared the unopposed candidate elected to office and the election cancelled. Mayor McDougal returned to the dais. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00027 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (33.) Ordinance No. 2003-00030 prohibiting the use of engine compression release brakes, dynamic braking devices or other braking or slowing methods and/or equipment which increase the noise emission levels of motor vehicles, providing a sever ability clause, a punishment clause and providing for notice as required by law. ORDINANCE NO.2003-00030 AN ORDINANCE PROHIBITING THE USE OF ENGINE COMPRESSION RELEASE BRAKES, DYNAMIC BRAKING DEVICES OR OTHER BRAKING OR SLOWING METHODS AND/OR EQUIPMENT WHICH INCREASES THE NOISE EMISSION LEVELS OF MOTOR VEHICLES, PROVIDING A SEVERABILITY CLAUSE, A PUNISHMENT CLAUSE AND PROVIDING FOR NOTICE AS REQUIRED BY LAW. The City of Lubbock has no ordinance regulating the use of engine compression release brakes, dynamic braking devices or other braking or slowing methods and/or equipment, the use of which causes increases in the noise emission of motor vehicles. The proposed ordinance would prohibit the use of such devices within the City of Lubbock except in emergencies. Staff recommended approval of the first reading of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Hernandez to pass on first reading Ordinance No. 2003-00030 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Boren was away from the dais. (34.) Resolution No. 2003-RO150 amending Resolution #972 by adding Part 2(c) authorizing the acceptance of in -kind goods and/or services. RESOLUTION NO. 2003-RO150 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby amends Resolution #972, approved by the City Council on November 19, 1981, by adding thereto a new Part 2(c) which shall read as follows: (c) The City Council may, at their discretion, accept in -kind goods and/or services in lieu of monetary value received for the closed street or alley. In -kind shall be valued at fair market value as provided in Part 2(b) of Resolution #972. 342 Regular City Council Minutes April 10, 2003 Page 343 Passed by the City Council this 1 Oth day of April 2003. /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/ John Knight John Knight, Assistant City Attorney Resolution 4972 was approved by City Council on November 19, 1981, and established the payment of the fair market value for the conveyance of closed streets and alleys, where the property is owned by the City of Lubbock. For your information, Resolution #972 Part 2 (a) and (b) are noted below with the addition of the proposed Part 2 (c) in italics. PART 2. THAT in conformance with the power and authority conferred by Vernon's Ann.Civ.St., Article 1017 and Article 5421c-12, the policy of the City of Lubbock regarding street and alley closures shall be as follows: (a) An application fee of one hundred fifty dollars per street or alley closure shall be required of all applicants to cover administrative processing, legal and publication costs. This fee shall be nonrefundable, regardless of the ultimate action taken upon the matter by the City Council, and shall be in addition to any other charges hereinafter described. (b) Because of the enhancement, which results to adjoining properties from the vacating and closing of streets and alleys no longer needed by the public, the adjoining property owners who receive such benefits shall pay to the City the fair market value per square foot of the area that such closure shall add to such property owner's land. Such fair market value shall be established by appraisal by the City of Lubbock Right of Way Department. No charge shall be made to original dedicators in those cases, where the right-of-way was dedicated to the City of Lubbock without charge and the property has not changed hands. A credit against such charge, but not in excess thereof, shall be allowed for a simultaneous dedication of other property to the City of Lubbock approved by the City Council. The charge herein set out shall be tendered in the form of a certified check prior to placing of the closure ordinance on the City Council agenda. The check shall be returned if the ordinance fails to pass. (c) The City Council may, at their discretion, accept in -kind goods -- and/or services in lieu of monetary value received for the closed street or alley. In -kind shall be valued at fair market value as provided in Part 2(b) of Resolution #972. The acceptance of in -kind goods and services has been discussed as a result of the request of First United Methodist Church to provide in -kind services in lieu of the fair market value of the street and alley closure of Avenue N. The fair market value for this request is $43,179.50. Recently, two other entities have begun investigating the possibility of closing 343 Regular City Council Minutes April 10, 2003 Page 344 streets adjacent to their properties. These entities are Lady of Guadalupe Church with regard to the closure of 5 1 " Street with a fair market value of $14,750 and Lakeridge United Methodist Church with regard to the closure of 83`d Street with a fair market value of $18,000 (estimation only). The addition of Part 2(c) formalizes the City Council's position regarding future requests. It should be noted, that any purchaser, whether for -profit or non-profit, would have the ability to propose in -kind goods and services in lieu of cash. John Knight, Assistant City Attorney, has indicated that legally the City cannot limit who requests this form of payment. Although, approval is at the discretion of City Council. Possible Budget Impact: Funds received from the conveyance of closed streets and alleys are credited to the general fund revenue account 100.7102 Sales of Streets and Alleys. The City's ability to generate income from these sales could be impacted, thereby reducing the City's general fund revenues. The average revenue for this account over the past eight years is $27,292, with the low year being $4,315, and the high year being $85,162. To date this fiscal year, the City has generated $57,712 in this account. The three closures noted above total $75,929.50. In order to clarify the acceptance of in -kind goods and services in lieu of monetary payment for the conveyance of closed streets and alleys, an amendment is proposed indicating the City Council's policy with regard to future requests. Motion was made by Council Member Martin, seconded by Council Member Hernandez to pass Resolution No. 2003-R0150 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Boren was away from the dais. PUBLIC SAFETY Fire (35.) Ordinance No. 2003-00031 emergency adoption of an ordinance authorizing the Mayor to amend the 1997 Edition of the Uniform Building Code and the 1991 Edition of the Uniform Fire Code providing for certain amendments to such codes in order to meet local conditions; providing a penalty; and providing for publication. (one reading only). ORDINANCE NO. 2003-R0031 AN EMERGENCY ORDINANCE AMENDING THE 1997 EDITION OF THE UNIFORM BUILDING CODE AND THE 1991 EDITION OF THE UNIFORM FIRE CODE PROVIDING FOR CERTAIN AMENDMENTS TO SUCH CODES IN ORDER TO MEET LOCAL CONDITIONS; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION The purpose of this emergency passage amending the Uniform Building Code and Uniform Fire Code is to clarify language between the two currently adopted Codes and the Texas Alcoholic Beverage Code with regard to fire sprinkler systems in assemblies that have food and/or drink consumption. This Code site clarification will allow continued enforcement of nationally recognized standards for the safety of the citizens in certain assembly occupancies pending adoption of the 2003 International Building and Fire Codes. The new language provided in this amendment is consistent with the 2003 International Codes that will be considered for adoption at a future date. Staff recommended approval of this ordinance. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Ordinance No. 2003-00031 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Boren was away from the dais. 344 Regular City Council Minutes April 10, 2003 Page 345 (36.) Consider two appointments to the Appointments Advisory Board. Motion was made by Council Member Patterson, seconded by Council Member Morrison to reappoint Rubye Donaldson and Mike Phelps to the Appointments Advisory Board. Motion carried: 5 Yeas, 0 Nays. Council Member Boren was away from the dais. (37.) Consider one appointment to Board of Electrical Examiners Motion was made by Council Member Patterson, seconded by Council Member Morrison to appoint Doug Biles to the Board of Electrical Examiners. Motion carried: 5 Yeas, 0 Nays. Council Member Boren was away from the dais. (38.) Consider one appointment to Board of Health. Motion was made by Council Member Patterson, seconded by Council Member Morrison to reappoint Dr. J. Davis Armistead to the Board of Health. Motion carried: 5 Yeas, 0 Nays. Council Member Boren was away from the dais. (39.) Consider four appointments to Keep Lubbock Beautiful Advisory Committee. Motion was made by Council Member Patterson, seconded by Council Member Morrison to reappoint Kim Cappillino, Carole Collier and Judy Helm and to appoint Floyd Stumbo to Keep Lubbock Beautiful Advisory Committee. Motion carried: 5 Yeas, 0 Nays. Council Member Boren was away from the dais. (40.) Consider one appointment to Libraries Board. Motion was made by Council Member Patterson, seconded by Council Member Morrison to reappoint Beth George to the Libraries Board. Motion carried: 5 Yeas, 0 Nays. Council Member Boren was away from the dais. (41.) Consider two appointments to Neighborhood Redevelopment Commission. Motion was made by Council Member Patterson, seconded by Council Member Morrison to appoint Phoebe Ellis and Billie Russell to the Neighborhood Redevelopment Commission. Motion carried: 5 Yeas, 0 Nays. Council Member Boren was away from the dais. (42.) Consider two appointments to the Lubbock Entertainment Task Force. Motion was made by Council Member Patterson, seconded by Council Member Morrison to appoint Virgil Johnson and Kent Meredith to the Lubbock Entertainment Task Force. Motion carried: 5 Yeas, 0 Nays. 10:35 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room 1:07 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers 345 Regular City Council Minutes April 10, 2003 Page 346 1:07 P. M. COUNCIL ADJOURNED There being no further business to come before Council, motion was made by Council Member Martin to adjourn and Mayor McDougal adjourned the meeting. Read and approved this h day of j� , 2005. ATTEST: Rebecca Garza, City Secretary 346