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Home My WebLink AboutMinutes - City Council - Regular - 4/24/2003CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING APRIL 24, 2003 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 24rn day of April, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:34 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. Alma Myers, 2817 62"d Street, Lubbock, Texas, spoke in opposition to Item 35, Zone Case No. 1976-A concerning a cellular transmission tower. Larry Snodgrass, Texas State Legal Services, who had requested to speak regarding tow truck business and tow truck Code of Ordinances, was not present. EXECUTIVE SESSION Mayor ProTem 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, 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 Meetings Law. 7:38 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All Council Members were present except Mayor McDougal and Council Member 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 (Electric Utilities; Information Technology). (2.) 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). (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: Appointments Advisory Board Building Board of Appeals Canadian River Municipal Water Authority Community Development and Services Board Community Relations Commission Citizens Traffic Commission Culture and Arts Commission Electric Utility Board Keep Lubbock Beautiful Advisory Committee Park and Recreation Board Permit and License Appeal Board Public Transit Advisory Board Youth Commission Regular City Council Meeting April 24, 2003 Page 348 (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; to deliberate, vote and take final action on a competitive matter regarding marketing and advertising agreements related to retail energy sales by the City of Lubbock's electric utility, Lubbock Power & Light. (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). 9:35 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Tom Martin, Council Member T. J. Patterson, Tommy Gonzalez, Interim City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Mayor McDougal and Council Members Cooke and Morrison Mayor Pro Tem Hernandez called the meeting to order at 9:35 A. M. (6.) Invocation by Pastor Rick Oliphint, Senior Pastor for Faith Temple Church of God (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. 9:38 A.M. Council Member Morrison arrived. BOARD APPOINTMENTS RECOGNITION Board of Electrical Examiners Receiving: Doug Biles Entertainment Lubbock Task Force Receiving: Virgil Johnson Keep Lubbock Beautiful Advisory Committee Receiving: Floyd Stumbo Neighborhood Redevelopment Commission Receiving: Phebe Ellis Billie Russell CITIZENS APPEARANCES (8.) Presentation of a special recognition Lady Matadors Basketball Team fo r 348 Regular City Council Meeting April 24, 2003 Page 349 The Estacado Lady Matadors Basketball Team recently won their first District Championship. The team started the season with the program's first state ranking from the Texas Association of Basketball Coaches and maintained their ranking for the entire season. For a period of time during the season, they climbed the charts to the number four team in the State of Texas. The Lady Matadors continued their exceptional performance on the court and finished the season by bringing home their first district title in the twenty-eight years of the program's existence. A special recognition was presented to the Estacado High School Lady Matadors Basketball Team in honor of their first ever District Championship. Coach Diane Morgan and members of the Lady Matadors were present to accept. ( 9.) Presentation of a special recognition to the Estacado High School Matadors Basketball Team for claiming the District 44A Championship title. The Estacado Matadors Basketball Team recently tied Frenship High School for the 44A District Championship. The Matadors came within a whisker of the State Tournament before falling to Fort Worth Dunbar, who eventually claimed the title. The Matadors finished the season with a 30-5 record and successfully limited Dunbar to a season low of 50 points. A special recognition was presented to the Estacado High School Matadors Basketball Team for their performance this season. Coach Tim Thomas and members of the Matadors were present to accept. (10.) Presentation of a special recognition to Jack Dale honoring his 50 years as the Voice of the Red Raiders. In December 1952, Jack Dale began his long and distinguished association with Lubbock and Texas Tech University (TTU), when he became a radio sportscaster for KFYO Radio. He called the play-by-play for his first game for the Texas Tech Red Raiders basketball team on January 6, 1953, in a win against Arizona Flagstaff with a score of 93-75. He has called basketball games in three home arenas, the Barn, the Memorial Coliseum and the United Spirit Arena, and has seen TTU go through six head coaches. In addition to basketball, Jack called the Red Raider football games until 1999. Jack's style, professionalism and enthusiasm have been an asset to students, alumni and fans as he shared his broadcast talents with us over the airwaves and by bringing Red Raider sports into our living rooms. Jack is currently working with the TTU School of Mass Communications and the Red Raider Club in establishing the Jack Dale Scholarship. Jack Dale was present to accept the special recognition honoring his 50 years as the Voice of the Red Raiders. (11.) Presentation of a special recognition to the Lubbock Beta Sigma Phi City Council to commemorate April 24, 2003, as Founder's Day in Lubbock as they celebrate 72 years of Beta Sigma Phi. In 1931, during the Great Depression, there was a need for an organization that could bring women together and expose them to a social, cultural and educational climate that was not available in those difficult times. As times changed, so did Beta Sigma Phi. In an average year, members raise more than $3 million for local charities and donate over 200,000 volunteer hours. Chapters have created their own International Funds that donate millions of dollars to health research groups, hunger projects, and other worthwhile causes. This organization constantly redefines itself through the diversity and vitality of its members, who share their ideas, talents and enthusiasm. This is why Beta Sigma Phi is known around the world as "The Friendship Organization". Founder's Day will be celebrated April 24, 2003 by the twelve chapters and 150 members of Beta Sigma Phi in Lubbock. 349 Regular City Council Meeting April 24, 2003 Page 350 Pam Blassingame, 2002-03 President, Lubbock Beta Sigma Phi City Council, was present to accept a special recognition to commemorate April 24, 2003, as Founder's Day in Lubbock as they celebrate 72 years of Beta Sigma Phi. (12.) Presentation of a special recognition to Rosa Salazar in honor of her artwork being selected for the second consecutive year by the National Community Development Association to be used as the logo for National Community Development Week, April 21-25, 2003. Rosa Salazar has worked for the City of Lubbock since February 1995 as a Rehab Loan Specialist. She currently attends Texas Tech University in pursuit of a degree in Interior Design. The National Community Development Association selected Rosa's design for the second consecutive year to be used for Community Development Week's 291' anniversary. Her design was chosen out of a number of outstanding finalists submitted in a national contest. It will be displayed on all media used nationally throughout this weeklong Community Development celebration. Rosa Salazar was present to receive a special recognition in honor of her design winning the national logo competition for the 29 h anniversary of Community Development Week. (13.) Presentation of a proclamation to the Community Development and Services Board commemorating April 21-25, 2003, as Community Development Week and April 2003 as Fair Housing Month in Lubbock. This year, the City of Lubbock joins with cities across the nation to celebrate the 29 h anniversary of National Community Development Week to be held the week of April 21-25, 2003. On August 22, 1974, President Gerald R. Ford signed the Community Development Block Grant (CDBG) program into law. These federal funds, along with Emergency Shelter Grant and HOME Investment Partnership Program funds, are provided to the City annually for a variety of community development uses. These uses include affordable housing, neighborhood and human services, youth and childcare programs, job creation and retention, and homeless services. The City of Lubbock will also commemorate April 2003 as Fair Housing Month. The Fair Housing Act is a federal law that prohibits discrimination in certain real estate and bank transactions on the basis of race, creed, national origin, gender, familial status or religion. Board members of the Community Development and Services Board were present to receive a proclamation commemorating April 21-25, 2003, as Community Development Week and April 2003 as Fair Housing Month in Lubbock. Also recognized was the Community Development Department of the City of Lubbock. 350 Regular City Council Meeting April 24, 2003 Page 351 25-27, 29-32) CONSENT AGENDA (Nos 14-22, Motion was made by Council Member Morrison, 7seconded on coby nsent cil Member Patterson to approve agenda as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Council Member Martin was away from the dais. This item was reconsidered following Item 48. Motion was made by Council Membe14M2m26n,2�,c29d32 on con Council Member Patterson to approve agenda as Item 25 had previously been deleted. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 34. (14.� Approval of Minutes: April 10, 2003 Regular City Council Meeting (15.) ORDINANCE #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) (second and final reading). ORDINANCE NO.2003-00028 AN ORDINANCE MAKING CHANGES IN THE FY 2002-03 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. (16.) ORDINANCE #2003-00030—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 sever ability clause, a punishment clause and providing for notice as required by law (second and final reading). 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. W.) Ordinance No. 2003-00032 amending Chapter 2 of the Code of Ordinances of the City of Lubbock, Texas, entitled "Administration", by dissolving the Community Relations Commission and creating the Community Relations Task Force, establishing the membership, functions and duties of the task force, providing a saving clause, and providing for publication (first reading). ORDINANCE NO.2003-00032 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DISSOLVING THE COMMUNITY RELATIONS COMMISSION; ESTABLISHING THE COMMUNITY RELATIONS TASK FORCE; ESTABLISHING THE MEMBERSHIP, FUNCTIONS AND DUTIES OF THE TASK FORCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. On June 25, 1999, the City Council adopted Ordinance No. 10142 creating the Community Relations Commission. This proposed ordinance dissolves this Commission and creates a Community Relations Task Force as its replacement. Staff recommended approval of first reading of this ordinance. This item was reconsidered following Item 28. 351 Regular City Council Meeting April 24, 2003 Page 352 Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass Ordinance No. 2003-00032 to reflect all changes as outlined in revised version. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 33. (18•) Resolution No. 2003-RO153 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Memorandum of Understanding for parent education services with Texas Tech University (Early Head Start Program) and any associated documents. RESOLUTION NO. 2003-R0153 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Memorandum of Understanding for parent education services with Texas Tech University (Early Head Start Program), and any associated documents, a copy of which Memorandum of Understanding is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 24th day of April, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Public Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Memorandum of Understanding is filed with Resolution No. 2003-RO 153. This nonfinancial cooperative agreement is between the City of Lubbock, acting by and through its Health Department, and Texas Tech University, acting by and through Early Head Start, for the purpose of providing parent education services for the Early Head Start Program. This interlocal governmental agreement is made pursuant to Chapter 791, Government Code. The agreement outlines specific responsibilities for the parties. This agreement also gives guidance to a system of services for low-income pregnant women and families with children from birth to age three, with family centered services, facilitating child development and encouraging family self-sufficiency. The cooperative agreement supports the Core Mission of Public Health, as it relates to Health Education and improving the general health of the community. Staff recommended approval of this resolution. 352 Regular City Council Meeting April 24, 2003 Page 353 (19.) Resolution No. 2003-RO154 amending the cooperation agreement between the Housing Authority of the City of Lubbock, Texas, and the City of Lubbock, Texas dated August 24, 1995 concerning the Payment in Lieu of Taxes. RESOLUTION NO. 2003-RO154 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 the Cooperation Agreement between the Housing Authority of the City of Lubbock, Texas, and the City of Lubbock, Texas, dated August 24, 1995 concerning the "Payment in Lieu of "Faxes" and all related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24th day of April, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ `)a'odd Steelman T do d Steelman Interim Community Development Director APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2003-RO154. As directed by the City Council, this amendment is being brought forward for consideration. Earlier this year, Council waived the Payment in Lieu of Taxes for the Housing Authority, but wanted to be able to reconsider the request on an annual basis. This amendment will allow the City Council to waive the Payment in Lieu of Taxes on an annual basis by a majority vote. Certain conditions on the use of the waived taxes must be met to gain approval. Approval will be based on previous years' use of the waived taxes to ensure the funds were used on affordable housing projects. A yearly audit of the use of funds will be conducted. Staff recommended approval of this resolution. (20.) Resolution No. 2003-RO155 authorizing acceptance of water and sanitary sewer improvements for Lots 1-76 in the Fountain Wood Addition to the City of Lubbock, Lubbock County, Texas between North Clinton and North Dover Avenues and Colgate and Erskine Streets. 353 Regular City Council Meeting April 24, 2003 Page 354 RESOLUTION NO.2003-RO155 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 — 76, FOUNTAIN WOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 — 76, Fountain Wood Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $174,756.13 with the improvements constructed by Utility Contractors of America having a value of $124,157.55 as determined by the unit prices established by said Chapter 28, and $50,598.58 cash paid to the City, which amount includes $45,715.42 cash for adjacent lines, with Edron Corporation, the developer, to receive a refund of $25,782.42 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $25,782.42 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this day 24th of April, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer Public Works APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $174,756.13 and has a value of $124,157.55, as -- determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $50,598.58, which includes $45,715.42 for adjacent mains. In accordance with Chapter 28, the developer, Grassy Creek Development, LLP, will receive a refund of $25,782.42. There is no refund deposit. FISCAL IMPACT: No capital cost to the City. There will be an ongoing maintenance cost 354 Regular City Council Meeting April 24, 2003 Page 355 based on usage and age of system. The subdivision is located between North Clinton and North Dover Avenues from Colgate to Erskine Streets. Staff recommended approval of this resolution. (21.) Resolution No. 2003-R0156 authorizing the Mayor to execute Change Order No. 5 to extend the contract time on the Annexation Sanitary Sewer Improvements. RESOLUTION NO. 2003-R0156 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order No. 5 to a contract (ITB #048-OINK) with Utility Contractors of America, to extend the completion date 90 days to August 14, 2003, and any associated documents, a copy of which Change Order No.5 is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 24th day of April, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza. Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel -T- Chester Carthel, Chief Engineer -Public Works APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This change order extends the contract time by 90 calendar days to allow completion of the Annexation Sanitary Sewer Improvements. There is no change in contract price. Staff recommended approval of this resolution. (22.) Resolution No. 2003-R0157 authorizing the Mayor to execute an application for the 2003 Summer Food Service Program for Children funded by the Texas Department of Human Services. RESOLUTION NO.2003-R0157 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for a summer lunch program, by and between the City of Lubbock and the Department of Human Services, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 355 Regular City Council Meeting April 24, 2003 Page 356 Passed by the City Council this 24th day of April, 2003. /S/ VICTOR HERNANDEZ VICTOR HERNANDEZ, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell Director of Parks and Recreation APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2003-R0157. The City of Lubbock Parks and Recreation Department is requesting pass through funds through the Texas Department of Human Services from the United States Department of Agriculture. The City of Lubbock has participated in the Summer Food Program for the past twelve years, with positive results. Beginning May 27 and ending on August 8, 2003, the program will provide a nutritional noon meal each weekday, for children and young adults ages 1 through 18. Any child is able to participate in the Summer Food Program and receive a free meal at Trejo, Mae Simmons, and Copper Rawlings Community Centers. Both direct and indirect costs for the Summer Food Program are reimbursed through the grant. FISCAL IMPACT: None. This program is offered in conjunction with the Summer Satellite Program offered by the Parks and Recreation Department utilizing Community Development funding. The Summer Lunch program provides a service for the community by providing a nutritious meal for children, who would normally participate in a meal program at their school, or for those whose parents are unable to prepare a meal for the children. Staff recommended approval of this resolution. (23.) Resolution No. 2003-R0164 authorizing the Mayor to approve a joint application with the City of Lamesa, Lubbock County and Gaines County for a State administered federally funded grant for the continuation of the South Plains Regional Narcotics Task Force. This item was moved from consent agenda to regular agenda and was considered following Item 32. 356 Regular City Council Meeting April 24, 2003 Page 357 RESOLUTION NO.2003-RO164 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 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 joint application with Lubbock County, Gaines County, and the City of Lamesa, Texas, for grant funding and related documents for the State of Texas, Office of the Governor, Criminal Justice Division, for State and Federal assistance for operation of the South Plains Regional Narcotics Task Force to combat narcotics and illegal substances trafficking. The City Council hereby agrees to a cash match of $259,351.00, from the City of Lubbock to fund 25% of the Project, as required by the State of Texas in order to be eligible to receive such State and Federal assistance; and THAT in the event of loss or misuse of funds of the State of Texas, Office of the Governor, Criminal Justice Division, provided pursuant to said joint application for grant funding, this Council assures that the funds will be returned to the Criminal Justice Division. Passed by the City Council this 24th day of April, 2003. /S/ VICTOR HERNANDEZ VICTOR HERNANDEZ, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Asst. City Attorney On January 9, 2003, Resolution No. 2003-R0011 was passed by the City Council authorizing a joint application with Lubbock County, Gaines County, and the City of Lamesa, Texas. In the resolution, the City Council agreed to a cash match of $110,324 from the City of Lubbock to fund 25% of the project, as required by the State of Texas. After that resolution was prepared and put on the agenda, the Criminal Justice Division of the Governor's Office determined that due to changes in the Texas Administration Code, grantees for Narcotic Task Force grants must agree to fund the total 25% match. This is a change from each participating entity agreeing to the 25% cash match pertaining to their entity. The total of all entities' cash match would equal the required amount. The total required cash match for the grant is $259,351. Lubbock County, Gaines County, and the City of Lamesa all provided resolutions agreeing to pay their cash match: Lubbock County - $27,050, Gaines County - $13,430, and the City of Lamesa - $11,292. Also, part of the cash match is to be provided out of the Task Force's Grant Program Income in the amount of $97,255. When participating entities submit a bill to the Task Force for reimbursement, the bill is checked for accuracy and then it is reimbursed at 75% of the allowable expenses from the submitted bill. Thus, the entities have already paid their 25% cash match prior to being reimbursed. FISCAL IMPACT: Total Cash Match Required $259,351 Less Lubbock County 27,050 357 Regular City Council Meeting April 24, 2003 Page 358 Less Gaines County 13,430 Less the City of Lamesa 11,292 Less portion paid by the Grant Program 97,255 Obligation $110,324 The $110,324 was previously budgeted and there is no new fiscal impact. The Police Department recommended approval of this resolution. Assistant Police Chief Dale Holton and Lieutenant Neal Brumley gave staff comments. Council Member Martin returned to the dais. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2003-RO164 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (24.) Resolution No. 2003-RO165 authorizing the Mayor to approve an application for a State administered, Federally financed, CLICK IT OR TICKET STEP PROGRAM, with emphasis on seat belt and child restraint compliance, targeting reduction in death and serious bodily injury due to nonrestrained drivers and passengers. This item was moved from consent agenda to regular agenda and was considered following Item 23. RESOLUTION NO. 2003-RO165 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute and accept for and on behalf of the City of Lubbock a $46,000.00 Grant Agreement for the Click IT or Ticket Campaign Selective Enforcement Program and any associated documents, by and between the City of Lubbock and the Texas Department of Transportation. Said Grant 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 24th day of April, 2003. /S/ VICTOR HERNANDEZ VICTOR HERNANDEZ, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Grant Agreement is filed with Resolution No. 2003-RO165. This is a grant program utilizing off duty personnel working overtime to enforce nonusage of seat belts and child restraints. This enforcement program addresses two major holiday periods: Memorial Day, May 19-June 1 and Thanksgiving, November 18— December 1. 358 Regular City Council Meeting April 24, 2003 Page 359 Upon approval of the City Council, awards for this grant have been set beginning April 25, 2002. This is a 100% grant in the amount of $46,000 to be administered during the 28 days of enforcement between May 19 and December 1. The Police Department recommended approval of this resolution. Assistant Police Chief Dale Holton gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Boren to pass Resolution No. 2003-RO165 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 28. (25.) Resolution No. 2003-R appointing Tommy Gonzalez as Interim City Manager for the City of Lubbock, to serve until such time as a new City Manager is appointed. This item was deleted. (26.) Resolution No. 2003-RO158 amending Resolution No. 6422, adopted June 24, 1999, which established the Youth Commission by restructuring the membership of the said Commission. RESOLUTION NO.2003-RO158 WHEREAS, the youth of Lubbock are an important and valuable part of the community with ideas and perspectives that offer unique insight into our City's quality of life; and WHEREAS, the City Council and City administrators of the City of Lubbock make decisions routinely that affect the youth in our community; and WHEREAS, the City Council wishes to provide the youth of Lubbock with an opportunity and a vehicle to respond to and provide input into the decisions and policies that are made that affect young persons; and WHEREAS, on June 24, 1999, the City Council adopted Resolution number 6422 creating a Youth Commission for the City of Lubbock; and WHEREAS, it is the opinion of the City Council that the best interests of the citizens of the City of Lubbock would be served by amending Resolution 6422 revising the membership thereof; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. Resolution 6422, adopted by the City Council on June 24, 1999, is hereby amended to read as follows: Section 2. A Youth Commission is hereby established for the City of Lubbock. The goals and objectives of the Commission shall be to develop an alliance among youth, youth service agencies, city government, schools, and the community to secure for all children and youth the highest advantage in physical, mental, social, and moral development, and to advise on how to solve the problems encountered in providing services to the youth of the community. Furthermore, the Commission will work towards unifying the youth of Lubbock into a positive force for the good of the community. Section 3. The Commission will act as an advisory committee to the Mayor and City Council on youth issues. The Commission shall consist of 12 high school student members. They will be representatives from Lubbock and area high schools. In addition to the 12 student members, there will be 5 adults and 1 member of the City Council of the City of Lubbock appointed as advisors to the Commission for a total Commission membership of 18. Terms of office will be for two years. Students and adults desiring to serve on the Commission will complete an application for a position and will be interviewed and recommended by a panel appointed by the Commission. The recommendations will be submitted to the City of Lubbock Appointments Advisory Board and forwarded to the City Council for final consideration. Initial appointments prior to creation of the panel shall be made by the City Council based upon the recommendation of the Lubbock Appointments Advisory Board and the appointees shall 359 Regular City Council Meeting April 24, 2003 Page 360 have an initial term of either one year or two years as determined by a chance drawing for terms. Section 4. Regular meetings will be held during the school year at a time established by a majority of the Commission members. A simple majority of members shall constitute a quorum, and a majority vote of the quorum shall be required for any action to be taken by the Commission. Section 5. The Commission shall select a Youth Council consisting of a mayor, mayor pro tem, two secretaries, a public relations representative, a treasurer and a historian from among its membership at its initial meeting. Said officers shall serve for one year or until such time as their successors are appointed. Section 6. An annual report shall be presented by the chair of the Commission to the Mayor and City Council of the Commission's interactions, activities, and progress as related to its established purpose not later than June 30 of each year. Additional reports shall be submitted as requested by either the City Council or the Commission. Passed by the City Council this 24th day of April 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney On June 24, 1999, the City Council adopted Resolution No. 6422 creating the Youth Commission. The proposed resolution restructures the organizational makeup of the Youth Commission. Staff recommended approval of this resolution. (27.) Resolution No. 2003-RO159 authorizing the Mayor to execute an Occupancy License Agreement with the West Texas and Lubbock Railroad Company, Inc. for a sewer line crossing (Brownfield Highway and Milwaukee Avenue). RESOLUTION NO.2003-RO159 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 Occupancy License Agreement for a sewer line across railway property by and between the City of Lubbock and the West Texas and Lubbock Railroad Company, Inc. to be constructed, owned, operated and maintained by said City of Lubbock across said Railroad's right-of-way at Seagraves Subdivision at Railroad mile post 8 + 686.4 E in Section 35, Block AK, Lubbock County, Texas, attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 360 Regular City Council Meeting April 24, 2003 Page 361 Passed by the City Council this 24th 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 M. Knight John M. Knight, Assistant City Attorney A copy of the Occupancy License Agreement is filed with Resolution No. 2003-R0159. As part of the Water Utilities Department annexation project in Southwest Lubbock, a sewer line is being constructed northward from Spur 327, which will cross the railroad on the north side of the Brownfield Highway just west of the future right-of-way for Milwaukee Avenue. In order to cross under this railroad with the City's sewer line, an Occupancy License Agreement with the railroad is required. The cost of this license will be $520 per year. The Right -of -Way Department recommended approval of this resolution. (28.) Consider the price and conditions of sale of Parcel Number 34530-41- 22 at 105 Uvalde Avenue, legally described as Lot 22, Block 41, Harder Subdivision of Blocks 41, 42, and 43 of the Roberts & McWhorter Addition to the City of Lubbock, Lubbock County, Texas. This item was moved from consent agenda to regular agenda and was considered following Item 24. This is a sale of property by the Urban Renewal Agency to Lucille Patterson for $100. Ms. Patterson participated in the Urban Renewal Land Rush Program. The property is to be redeveloped through the Community Development Department's Lot and Zoning Improvement Program (LAZIP) with a new 1,200 square foot single-family residence valued at $67,000. The lot is properly zoned for residential development. The Urban Renewal Board of Commissioners approved the proposed sale at the Urban Renewal Land Rush Special Board Meeting of January 18, 2003. Community Development staff recommended approval of this sale. Todd Steelman, Interim Community Development Director and Phyllis Brown, Field Services Coordinator, Community Development, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Morrison to approve the proposed sale of the property as recommended by staff. Motion carried: 5 Yeas, 0 Nays. At this time, Mayor Pro Tem Hernandez entertained a motion, which was made by Council Member Martin, seconded by Council Member Patters to reconsider Item 17. Motion carried: 5 Yeas, 0 Nays. The next item reconsidered was Item 17. 361 Regular City Council Meeting April 24, 2003 Page 362 (29.) Resolution No. 2003-RO160 for Schedule to Master Agreement for Tax -Exempt Equipment Lease Financing (Finance). RESOLUTION NO. 2003-RO160 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 adding a schedule to the master agreement for tax-exempt equipment lease financing approved by the City Council on February 13, 2003, Resolution #2003-R0064, by and between the City of Lubbock and SunTrust Leasing Corporation of Towson, Maryland and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24th 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/ John Knight John Knight Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-RO160. On February 13, 2003, the City Council approved a master agreement for tax-exempt municipal lease/purchase financing with SunTrust Leasing Corporation of Towson, Maryland (Resolution #2003-R0064). At that time, the City financed 35 police cars, related police car equipment, and related police car striping for a three-year term and financed two 125 HP motor graders, one 375 HP tractor, four 125 HP tractors, one 102 HP tractor, one self-propelled swather, one pull type scraper, two round balers, and one center pivot system on a five-year term. This resolution adds a schedule for the lease/purchase of a landfill compactor for Solid Waste. FISCAL IMPACT: The amount financed is $372,425 over five years at 2.35% with total interest payments of $17,499.25. The annual payment in advance amount is $77,984.85 for five years. A total of $146,047 was appropriated and $146,047 is available in project number 5515.8704 (Rent Lease Machine Equipment) for this purpose. Staff recommended approval of this resolution. (30.) Resolution No. 2003-110161/13ID9 021-03/RS—for Heavy Off Road Equipment (Fleet Services). 362 Regular City Council Meeting April 24, 2003 Page 363 RESOLUTION NO.2003-RO161 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for heavy off road equipment, ITB# 021-03/RS, by and between the City of Lubbock and Associated Supply Company, Inc. of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24th 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 Purchase Order is filed with Resolution No. 2003-R0161. This is for the purchase of a Diesel Engine Landfill Compactor to be used at the City of Lubbock Landfill. Thirty-two local companies were notified of the Invitation to Bid. The low bid is $372,425 from Associated Supply Company, Inc. of Lubbock, Texas. This bidder has agreed to sell this item to other governmental entities that have cooperative purchasing agreements with the City of Lubbock. The City 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. FISCAL IMPACT: A total of $146,047 was appropriated and $146,047 is available in project/account number 5515.8704 (Solid Waste Disposal-Rent/Lease Machinery) for this purpose. The department will be committed to a five- year lease/purchase with annual payments of $77,984.85. A minimum of $77,984.85 will need to be appropriated in the next four fiscal years. Award bid to Associated Supply Company, Inc. of Lubbock, Texas for $372,425, or such alternative action as the City Council may deem appropriate. (31.) Resolution No. 2003-R0162BID #035-03/RS —for Civic Center Portable Seating Renovations (Civic Center). 363 Regular City Council Meeting April 24, 2003 Page 364 RESOLUTION NO.2003-RO162 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 portable seating renovations, by and between the City of Lubbock and Specialty Supply & Installation Company of Conroe, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24th day of April, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: Is/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2003-RO162. This contract is for the sole source repair of twenty pullout sections of portable platform seating located at the Lubbock Civic Center. Due to the design and construction of these units, only authorized suppliers of the manufacturer are certified to install and repair their product line. Replacement cost for this equipment is $662,437. FISCAL IMPACT: A total of $83,000 was appropriated and $72,115 is available in project number 90041 (Civic Center Telescoping Riser Section Repairs) for this purpose. This project is currently funded by a transfer from General Fund to the General Facilities and Systems Improvement (GFSI) Fund. Due to budget constraints on the General Fund, this project is subject to being frozen. Since this project addresses safety issues with regard to the use of this equipment by the Civic Center lessees and the general public attending events, staff recommended that staff proceed with accepting the bid on this project. To minimize the impact to the General Fund, staff recommended that $35,000 of Hotel Motel Funds currently allocated for the Marquee Display Module Replacement project (this project is also in the GFSI Fund and is a Civic Center project) be allocated to the Portable Seating Renovation project, making the impact to the General Fund $37,115, instead of the full $72,115. The Marquee Display Module Replacement project will be closed and the funding will be taken at revised budget. The Marquee project will not be completed. FISCAL IMPACT: No new fiscal impact. Award contract to Specialty Supply & Installation Company of Conroe, Texas for $72,115, or such alternative action as the City Council may deem appropriate. 364 Regular City Council Meeting April 24, 2003 Page 365 (32.) Resolution No. 2003-110163/13I1) #038-03/DC —for LP&L Pier Drilling — Annual Pricing (Electric Distribution). RESOLUTION NO.2003-R0163 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 Letter of Award for LP&L pier drilling — annual pricing per ITB #038-03/DC, by and between the City of Lubbock and Deerwood Construction, Inc. of Lubbock, Texas, and related documents. Said Letter of Award 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 24th day of April, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza ReRe �cca 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 Conjtract Manager/Attorney A copy of the Letter of Award is filed with Resolution No. 2003-R0163. Transmission lines along Brownfield Highway are being relocated for the widening of the Marsha Sharp Freeway. This bid is for drilling foundation holes for the steel transmission poles, which will support the line and for hauling and disposal of debris. The foundation holes will measure from four feet to 13 feet in diameter and up to 35 feet deep. LP&L does not have the proper equipment to handle this size of drilling. City equipment is good for up to four feet in diameter and 13-feet deep. This bid establishes annual unit pricing for a term of one year with the option to renew annually up to two additional one-year terms. Sixty-six local contractors were notified of the Invitation to Bid. The low bid is $45,099 from Deerwood Construction of Lubbock, Texas. LP&L has an estimated 16 steel poles for the Marsha Sharp Freeway project and therefore, 16 holes to be drilled. Anotheryroject involves the transmission line to be built from Avenue Q and 84 Street to the Xcel Energy switchyard at Ivory and 901h Street. This line will serve as another tie to the 230 kV line of Xcel to improve the reliability of our distribution system. This means that if the existing 230 kV ties with Xcel Energy go down, this line will still serve our distribution facilities, which will keep the lights on. This project will need about 10 steel pole foundation holes drilled. Both jobs should be completed by the summer of 2004. FISCAL IMPACT: A total of $1,500,000 was appropriated and $898,294 is available in project number 90252 (Overhead Distribution 02-03) for this purpose. Award contract to Deerwood Construction of Lubbock, Texas for $45,099, 365 Regular City Council Meeting April 24, 2003 Page 366 or such alternative action as the City Council may deem appropriate. The next item considered was Item 23. ORDINANCES FOR PASSAGE Second Reading (33.) ORDINANCE #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 (second and final reading). 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; This item was considered following reconsideration of Item 17. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00029 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 43. PUBLIC HEARINGS 11:08 A. M. Zoning (34.) Ordinance No. 2003-0 - ZONE CASE NO. 2967 (4424 381n Street): Hold a public hearing to consider request of Cookie Noland for S.R.C.C. for a zoning change from R-1 to R-2 on the west 50 feet of Lot 7, Block 14, College Heights Addition. This item was considered following reconsideration of Consent Agenda. This item failed. Mayor Pro Tem Hernandez opened the public hearing at 11:08 a. m. No one appeared on behalf of S.R.C.C. No one appeared in opposition. Mayor Pro Tem Hernandez closed the hearing at 11:09 a. m. The request would rezone an existing single-family lot to a duplex classification. The property is rental. The request is submitted with a site plan indicating the addition of a 500 square foot living area on the north of the existing home, constructed with a common wall to meet the definition of "duplex". Adjacent land use: North — single-family South — single-family East — single-family West — single-family The proposal is not entirely within the policy established by the Comprehensive Land Use Plan regarding the use of duplex zoning as a buffer for single-family from adjacent heavier uses. This parcel is in the middle of a single-family area. To date, no letters of opposition have been submitted. As a practical matter, having been built prior to zoning being established in Lubbock in 1942, many of the older neighborhoods in Lubbock have a duplex here and there and there does not seem to be a land use or compatibility issue. Several older duplex units and/or homes with a front and rear unit exist in the immediate area. A significant amount of the decision making process in this request should be based on the comments of property owners, who have made an investment in adjacent property. The project would have little effect on the thoroughfare system. 1c�7ol Regular City Council Meeting April 24, 2003 Page 367 In terms of density, the lot is 6,500 square feet and the current home is 1,448 square feet (including garage). The 500 square foot addition would bring coverage to 1,948 square feet, which constitutes 30% of the lot. Maximum coverage in R-1 is 50%, which would allow a 3,250 square foot home on the lot. The Planning Commission discussed existing conditions in the neighborhood, as well as the lack of opposition. The consensus was a recommendation of the request for approval to the City Council. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Martin, seconded by Council Member Boren to deny this zone case. Motion failed: 2 Yeas, 3 Nays. Mayor Pro Tern Hernandez and Council Members Morrison and Patterson voted Nay. Motion was made by Council Member Patterson, seconded by Council Member Morrison to approve this zone case. Motion failed: 3 Yeas, 2 Nays. Council Members Boren and Martin voted Nay. (35.) Ordinance No. 2003-0 - ZONE CASE NO. 1976-A (3215 60" Street): Hold a public hearing to consider request of Nextel Partners for Lubbock Baptist Temple for a zoning change from R-1 to R-1 Specific Use for a 150-foot cellular transmission tower on a portion of an unplatted tract of land out of Section 7, Block E-2, Berean Baptist Addition. This item failed. Mayor Pro Tern Hernandez opened the public hearing at 11:15 a. in. Ray McKim appeared on behalf of NexTel Partners. He requested a continuance of this zone case due to the absence of Mayor McDougal. Motion was made by Council Member Boren, seconded by Council Member Martin to deny continuance of this zone case. Motion failed: 3 Yeas, 2 Nays. Mayor Pro Tern Hernandez and Council Member Morrison voted Nay. Motion was made by Council Member Morrison to approve continuance of this zone case. Motion died for lack of a second. Roy Middleton, May Jean Nelson and Susan Barrett appeared in opposition. Mayor Pro Tern Hernandez closed the hearing at 11:38 a. m. The request will accommodate a cell tower, constructed as a monopole, south of 60`h Street and east of the current church structure, east of Harvard. The church owning the property supports the tower, since it is away from the building and the revenue stream from the rent will benefit improvements to the building. The setback of the tower from 601h is proposed as 55 feet. Adjacent land uses: North — Boys and Girls Club South — City property adjacent to Leftwich Park East — Leftwich Park West — The church sponsoring the zone change The ordinance providing for Specific Use consideration of sites for cell towers contains the following purpose statement and guidelines: a. Purpose; goals. The purpose of this section is to establish regulations for the siting of towers and antennas on public and private property. The goals of this section are to: 1. Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community; 367 Regular City Council Meeting April 24, 2003 Page 368 2. Strongly encourage the joint use of new and existing tower sites; 3. Require users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; 4. Require users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and 5. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently. The proponent is asked to provide the following documentation: b. Availability of suitable existing towers or other structures. No new tower shall be permitted, unless the applicant demonstrates to the reasonable satisfaction of the Planning Department that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following: ( i) No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements. ( ii) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. (iii) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment and cannot be reinforced to provide sufficient structural strength. ( iv) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. ( v) The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs below new tower development are presumed reasonable. ( vi) Property owners or owners of existing towers or structures are unwilling to accommodate the applicant's needs. (vii) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. The request would seem to meet the basics of the guidelines. A memo and site map from the proponent indicates adjacent possible locations and details of why those sites are not available or technically feasible. Although residential zoning is adjacent, the actual uses are apartments, a church, Boys and Girls Club and a City park. One Planning Commission member expressed reservation for the visual impact of the tower on the edge of the park. After the Commission meeting, phone calls indicated that opposition from the neighborhood may exist, but no one spoke against the request during the meeting. Discussion seemed to include agreement that a tower is not a visual asset in any location. However, the technical need for the signal capacity is integral to the way we live today. Towers in as few locations as possible is desirable, but some will be required. No written opposition 368 Regular City Council Meeting April 24, 2003 Page 369 was submitted for the request. The Planning Commission also discussed the possibility of amending the current ordinance to require that new towers be constructed to facilitate four users versus the current minimum of two. The fact that a condition can be attached in each case seemed to suffice. The Planning Commission recommended the request be approved with a condition: That the structure be of monopole construction and have the ability to support at least four users. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. Council directed staff to study current policies on cellular tower and revisit the issue of antennas on power poles. Mayor ProTem Hernandez suggested that a mechanism should be put in place to let businesses know what they can do in Lubbock before they start spending time and money. Motion was made by Council Member Boren, seconded by Council Member Martin to deny this zone case. Motion carried: 4 Yeas, 1 Nay. Council Member Morrison voted Nay. (36.) Ordinance No. 2003-00033 - ZONE CASE NO. 1061-H (802 West Loop 289): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. for CMS Properties for a zoning change from C-3 to C-3 to remove existing conditions of Ordinance No. 8635 on an unplatted 2.02-acre tract of land out of Section 4, Block E-2. ORDINANCE NO. 2003-00033 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1061-H; AMEND BY REMOVING THE EXISTING CONDITIONS IN ORDINANCE NO. 8635 ON A 2.02 ACRE, C-3 ZONED TRACT OF LAND OUT OF SECTION 4, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Hernandez opened the public hearing at 11:47 a. m. Terry Holman appeared on behalf of Hugo Reed. No one appeared in opposition. Mayor Pro Tem Hernandez closed the hearing at 11:49 a. m. A C-3 zone case that predates the Wal-Mart facility limited this strip to office development within a C-3 zone case. The proposal would remove the current condition limiting construction to offices only and allow open C-3 commercial development. Adjacent land uses: North — apartments South — Loop 289 East — Loop 289 West — a playa lake and Wal-Mart The proposal is consistent with both Comprehensive Land Use Plan and zoning policies. With Wal-Mart in place, allowing this strip to function as open C-3 will not be an issue. The proposal will have no impact on the thoroughfare system. The Planning Commission recommended approval of the request. Staff recommended approval of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00033 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. 369 Regular City Council Meeting April 24, 2003 Page 370 (37.) Ordinance No. 2003-00034 - ZONE CASE NO. 1943-A (North of Erskine Street, south of North Loop 289, and east of Quaker Ave.): Hold a public hearing to consider request of David Hart for Erskine 22 LLC for a zoning change from R-1 to A-2 for a multifamily apartment complex on an unplatted 22.02-acre tract of land out of Section 18, Block A. ***FIRST READ ONLY*** ORDINANCE NO. 2003-00034 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1943-A; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON UNPLATTED 22.02 ACRE TRACT OF LAND OUT OF SECTION 18, BLOCK A (NORTH OF ERSKINE STREET, SOUTH OF N. LOOP 289, AND EAST OF QUAKER AVE.), LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Hernandez opened the public hearing at 11:57 a. m. David Hart appeared in favor of this zone case. No one appeared in opposition. Mayor Pro Tern Hernandez closed the hearing at 11:59 a. in. The request will accommodate an apartment development north of Erskine and east of Quaker Avenue, adjacent to Loop 289. Adjacent land uses: North — vacant South — Texas Tech University East — vacant West — commercial, vacant property The proposal is consistent with both the Comprehensive Land Use Plan and zoning policy. The project will have no greater than the expected effect on the thoroughfare system. The Planning Commission recommended approval of the request. Staff recommended approval of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00034 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (38.) Ordinance No. 2003-00035 - ZONE CASE NO. 2420-C (5720 981h Street): Hold a public hearing to consider request of Michael Thomann for Hope Lutheran Church for a zoning change from C-3 to A-2 limited to a church and church related uses on Tracts A and B, Hunter's Glen Addition. ORDINANCE NO. 2003-00035 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2420-C; A ZONING CHANGE FROM C-3 TO A-2 ZONING LIMITED TO A CHURCH AND CHURCH -RELATED USES, ON TRACTS A AND B, HUNTER'S GLEN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Hernandez opened the public hearing at 11:47 a. m. No one appeared on behalf of this zone case. No one appeared in opposition. Mayor Pro Tern Hernandez closed the hearing at 11:49 a. in. The proposed rezoning will bring the parcel into the correct basic district that provides for church and church related uses. Adjacent land uses: North — residential South — zoned commercial, a telephone switching station 370 Regular City Council Meeting April 24, 2003 Page 371 East — duplex development West — vacant The proposal is consistent with zoning policies. Since the intersection at 98`h and Frankford is commercial by Comprehensive Plan policy, the parcel is currently zoned commercial. The change to A-2 will allow for expansion of the church under the development standards for A-2, which is different with regard to setback (less is required) and landscaping (more is required). The church intends to be on the property for the long run. The request will have no appreciable effect on the thoroughfare system. The Planning Commission recommended the request, subject to the following condition: Limited to a church and church related uses. Staff recommended approval of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00035 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (39.) Ordinance No. 2003-00036 - ZONE CASE NO. 2968 (South of 981h Street and west of Miami Ave.): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. for Carl Russell & Company for a zoning change from R-1 and T to R-1 Specific Use, R- 2 Specific Use, and GO on 45.2 acres of unplatted land out of Section 17, Block E-2. ORDINANCE NO.2003-00036 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2968; A ZONING CHANGE FROM R-1 AND T TO R- 1 SPECIFIC USE, R-2 SPECIFIC USE, AND GO ON 45.2 ACRES OF UNPLATTED LAND OUT OF SECTION 17, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Hernandez opened the public hearing at 11:47 a. in. Terry Holman appeared on behalf of Hugo Reed. No one appeared in opposition. Mayor Pro Tem Hernandez closed the hearing at 11:49 a. m. The request will accommodate a large area for single-family residential development, a parcel for duplex development and a garden office buffer along 98`h street. Adjacent land uses: North — Single-family residential north of 98th South — vacant East — a church tract West - a church tract and residential The proposal is consistent with the policies set forth in the Comprehensive Land Use Plan and zoning policies. The area requested for garden office along 981h is a legitimate buffer of the subdivision from the effects of 98`h Street. The single comment staff provides in these instances is that the strip should not be favorably considered for any level of commercial in a future zone case. This request should not be considered a stopgap -zoning proposal. The proposed conditions in both the R-1 and R-2 area for twenty feet of setback on regular lots and the five-foot setback from side streets corner lots and cul-de-sac lots have become the standard for subdivisions in this area. The staff discussed the request of the developer not to have the requirement that the backyard fence adjacent to side streets meet the same five-foot setback as the home. The reasoning for the fence setback in 371 Regular City Council Meeting April 24, 2003 Page 372 many new subdivisions is to increase visual access along the narrow "connector" streets. This development has a design that will install 56-foot ROW streets as the north/south "connectors" versus the typical 48-foot "connector". The 56- foot street has a sufficient line of sight within the right of way. The proposal will have little effect on the thoroughfare system. A condition is proposed for review of the spacing of drive entrances to the Garden Office area to keep curb cuts on 98`h Street to a minimum. The Planning Commission recommended approval to the request with the following conditions: 1. A minimum twenty -foot of setback on regular R-1 and R-2 lots. 2. A minimum of five feet of setback from side streets corner R-1 and R- 2 lots. 3. A minimum of five feet of setback on R-1 and R-2 cul-de-sac lots with the exception of garages, which must have a minimum of twenty feet of setback. 4. Prior to construction permits within the Garden Office area, the Planning Commission shall review proposals for curb cuts. The objective will be to reduce the total number of curb returns along 981h, promoting shared curb cuts, and keeping the interruption of traffic on 98`h Street to a minimum. Staff recommended approval of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00036 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (40.) Ordinance No. 2003-00037 -ZONE CASE NO. 2847-A (South of 83`d Street and west of Homestead Ave.): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. for Lubbock Land Company for a zoning change from T to R-1 Specific Use for 20-foot front setback, five-foot side setback on end lots, and five-foot front setback on cul-de-sac lots on 81.9 acres of unplatted land out of Section 28, Block AK. ORDINANCE NO.2003-00037 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2847-A; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR 20-FOOT FRONT SETBACK, 5-FOOT SIDE SETBACK ON END LOTS, AND 5-FOOT FRONT SETBACK ON CUL DE SAC LOTS ON 81.9 ACRES OF UNPLATTED LAND OUT OF SECITON 28, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Hernandez opened the public hearing at 11:47 a. in. Terry Holman appeared on behalf of Hugo Reed. No one appeared in opposition. Mayor Pro Tern Hernandez closed the hearing at 11:49 a. in. The proposal is an expansion of Regal Park for single-family residential. Adjacent land use is residential in all directions. The proposal is consistent with the Comprehensive Land Use Plan and _ zoning policy. The project will have no more than the anticipated effect on the thoroughfare system. The Planning Commission recommended the project, subject to the following conditions: 1. A minimum twenty -foot of setback on regular lots. 372 Regular City Council Meeting April 24, 2003 Page 373 2. A minimum of five feet of setback from side streets on corner lots. 3. A minimum of five feet of setback on cul-de-sac lots with the exception of garages, which must have a minimum of twenty feet of setback. 4. The backyard fence adjacent to side streets shall meet the same five foot setback as the home. As in the last case, the Planning Commission considered the staff request to add condition No. 4. A copy of the plat was not available, so the condition is included in the proposed ordinance. After reviewing the design of the subdivision, which is east/west streets all intersecting Homestead and Iola, the Planning staff is recommending deletion of the condition. Homestead is a 56-foot right-of-way and Iola is a 64-foot collector right-of-way. Each street has a sufficient line of the sight to not need the additional fence setback. If the subdivision is built as alley - access, the alley covers will have a cut-off for increased visual access. Staff recommended approval of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00037 with the exclusion of Condition #4 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (41.) Ordinance No. 2003-00038 -ZONE CASE NO. 2970 (East of Upland Ave. and north of Brownfield Highway.): Hold a public hearing to consider request of the City of Lubbock for the residents of Pine Grove Estates for a zoning change from T to R-1 Specific Use for residential estates and conditions that match deed restrictions on Lots 1-61 and 71-106, Pine Grove Estates Addition. ORDINANCE NO.2003-00038 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2970; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR RESIDENTIAL ESTATES ON LOTS 1-61 AND 71-106, PINE GROVE ESTATES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern. Hernandez opened the public hearing at 11:47 a. in. No one appeared on behalf of the zone case. No one appeared in opposition. Mayor Pro Tem Hernandez closed the hearing at 11:49 a. in. When the area in west and south Lubbock was annexed in 2000, the staff and City Council committed to rezoning the subdivisions that allow stock to the Residential Estates District. As such, the staff is recommending the residential lots in Pine Groves Estates be zoned R-1 Specific Use as Residential Estates, subject to the following condition, which matches the deed restrictions for the subdivision (as opposed to the standard allowances in the RE District): It shall be permissible to keep on each lot or building site, a total of two domestic animals, which may only be horses and/or cows. For each one- half acre of area of a lot or building site that is in excess of one acre, one additional horse or cow shall be permissible (Lubbock County deed records — Volume 1838, page 9). The Planning Commission recommended approval of the request. Staff recommended approval of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00038 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. 373 Regular City Council Meeting April 24, 2003 Page 374 (42.) Ordinance No. 2003-00039 - ZONE CASE NO. 1741-A (6507 Avenue R): Hold a public hearing to consider request of Terry Echols for Iglesia Bautista for a zoning change from A-1 to A-2 limited to a church and church -related uses on Lots 7-9, Block 22, Vandelia Village Addition. ORDINANCE NO. 2003-00039 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1741-A; A ZONING CHANGE FROM A-1 TO A-2 ZONING LIMITED TO to a church and church -related uses, ON Lots 7-9, Block 22, Vandelia Village Addition, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Hernandez opened the public hearing at 11:47 a. m. No one appeared on behalf of Iglesia Bautista. No one appeared in opposition. Mayor Pro Tern Hernandez closed the hearing at 11:49 a. m. The proposal will change the zoning on an existing church tract. The church wants to expand and the request will place the structure in the correct district. Adjacent land use is multifamily in all directions. The request is consistent with the Comprehensive Land Use Plan and zoning policies. The request will have no additional impact on the thoroughfare system. The Planning Commission recommended the request, subject to the following condition: Limited to a church and church related uses. Staff recommended approval of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00039 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. 11:50 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All Council Members were present except Mayor McDougal and Council Member Cooke. The next item considered was Item 44. COMMUNITY SERVICES Health (43.) Resolution No. 2003-RO166 authorizing and directing the Mayor to execute on behalf of the City of Lubbock Amendment No. 2 to Agreement ALMW96225/A with Texas Tech University Health Sciences Center and any associated documents for Medical Director services for the City of Lubbock Health Department. This item was considered following Item 33. RESOLUTION NO.2003-R0166 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 on behalf of the City of Lubbock an Amendment No. 2 to Agreement No. ALMW96225/A with Texas Tech University Health Sciences Center and any associated documents for medical director services for the City of Lubbock Health Department, a copy of which Amendment No. 2 to Agreement No. ALMW96225/A is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. 374 Regular City Council Meeting April 24, 2003 Page 375 Pas d by the City Council this 24th day of April, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Director /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A cgpy of the Amendment No. 2 to Agreement No. ALMW96225/A is filed with Resolution No. 2003-R0166. This amendment to our existing contract will provide the City of Lubbock Health Department with the professional physician services of Dr. Cloyce Stetson and/or another member of its faculty, if Dr. Stetson is unable to fulfill his obligations for the term of this contract. Dr. Cloyce Stetson will be replacing Dr. David Butler, who has acted in this capacity since August 1999, but will soon be leaving the Lubbock area. Coverage under the contract will begin May 1, 2003 and shall end April 30, 2004. Thereafter, this agreement shall continue in full force and effect on a month -to -month basis. The position of Medical Director enables the Health Department to establish procedures for conducting Immunization and Sexually Transmitted Disease clinics, generate revenue by billing Medicaid, and provide for laboratory consultation. In the past, this position also included Health Authority responsibilities, but staff is recommending that Health Authority responsibilities be considered separately. The Medical Director appointment supports the Core Mission of Public Health as it relates to Surveillance, Prevention, Health Education, and Laboratory support. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2003-RO166 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 46. 7:02 P. 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 7:02 P. M. 375 Regular City Council Meeting April 24, 2003 Page 376 (44.) Resolution No. 2003-RO168 authorizing and directing the Mayor to execute a Certificate of Appointment for a Local Health Authority and any associated documents on behalf of Donna Bacchi, M.D. This item was considered following Item 46. No action was taken on this item. This item was reconsidered following Item 42. RESOLUTION NO.2003-RO168 WHEREAS, the City Council of the City of Lubbock has determined that it is in the best interest of the citizens of the City of Lubbock to appoint the following named person as the Local Health Authority for the City of Lubbock, Texas, pursuant to Chapter 121 of the Health and Safety Code; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the following named person is hereby appointed Local Health Authority for the City of Lubbock, Texas. Donna Bacchi, M.D. SECTION 2. THAT said Local Health Authority shall serve for a term of two (2) years or until such time as a successor has been appointed. SECTION 3. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Certificate of Appointment for a Local Health Authority and any associated documents on behalf of Dr. Bacchi. Passed by the City Council on this 24th day of April, 2003. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Public Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Staff recommended the appointment of Donna Bacchi, M.D. as the new Local Health Authority for the City of Lubbock. Her appointment will be effective May 1, 2003, for a period of two years. The City of Lubbock currently contracts with David Butler, M.D., as the Health Authority. Dr. David Butler has held this position since September 13, 2000. Dr. Butler will be leaving Texas Tech for a new position in Temple, Texas in May 2003 and effectively terminates his position as the Lubbock Health Authority on April 30, 2003. Chapter 121 of the Texas Health and Safety Code states that if the governing body of a municipality or county has established a local health department or public health district, the director is required to appoint a physician as the Health Authority for the jurisdiction in which he or she serves. Any county or city receiving a grant from the Texas Department of Health (TDH) for essential public health services must appoint a physician to serve as the Health Authority. We currently do not have a 376 Regular City Council Meeting April 24, 2003 Page 377 TDH grant requiring us to appoint a Health Authority, but staff recommended appointing one in light of all the bioterrorism and emergency management preparation this City is engaging in. If the Council chooses not to appoint a Local Health Authority, the duties automatically default to the Texas Department of Health Regional Health Authority, currently occupied by Tom Betz, M.D. Newly appointed health authorities serve for a term of two years and may be appointed to successive terms. The Health Authority appointment supports the Core Mission of Public Health as it relates to Surveillance, Prevention, Health Education, and Laboratory support. Staff recommended approval of this resolution. Motion was made by Council Member Hernandez, seconded by Council Member Boren to pass Resolution No. 2003-RO168 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Martin was away from the dais. (45.) Resolution No. 2003-RO169 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Professional Services Agreement for performance of the duties of Public Health Authority with Donna Bacchi, M.D., and any associated documents. No action was taken on this item. The next item considered was Item 47. This item was reconsidered following item 44. RESOLUTION NO.2003-RO169 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 on behalf of the City of Lubbock a Professional Services Agreement -- for performance of the duties of Public Health Authority with Dr. Donna Bacchi and any associated documents, a copy of which Agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of April, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Ca,-nden Tommy Camden, Public Health Director APPROVED AS TO FORM: -- /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-RO169. The professional service agreement with Dr. Donna Bacchi includes (1) establishing, maintaining, and enforcing quarantine in the health authority's jurisdiction, (2) aiding the State Health Board in relation to 377 Regular City Council Meeting April 24, 2003 Page 378 local quarantine, inspection, disease prevention and suppression, birth and death statistics and general sanitation in the health authority's jurisdiction, (3) reporting the presence of contagious, infectious, and dangerous epidemic diseases in the health authority's jurisdiction to the State Health Board in the manner and times prescribed by the Board, (4) reporting to the State Health Board on any subject on which it is proper for the Board to direct a report be made, and (5) aiding the State Health Board in the enforcement of the following in the health authority's jurisdiction: a) proper rules, requirement, and ordinances, b) sanitation laws, c) quarantine rules; and d) vital statistics collection. The City agrees to pay Dr. Bacchi for services rendered under the agreement at the amount of $150 per hour. The Health Department budgeted a maximum average of two hours each month for these services in the current budget. FISCAL IMPACT: No new fiscal impact. The Health Authority appointment supports the Core Mission of Public Health as it relates to Surveillance, Prevention, Health Education, and Laboratory support. Staff recommended approval of this resolution. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass Resolution No. 2003-RO169 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Martin was away from the dais. The next item considered was Item 46A. DEVELOPMENT SERVICES Street Drainage (46.) Resolution No. 2003-110167/13I1) #048-03/RS - for Kenosha Avenue Paving & Drainage Improvements (Street/Drainage Engineering). This item was considered following Item 43. RESOLUTION NO.2003-RO167 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 Kenosha Avenue paving & drainage improvements, by and between the City of Lubbock and Hub City Pavers, 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. 378 Regular City Council Meeting April 24, 2003 Page 379 Passed by the City Council this 24th day of April, 2003. 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 /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 24th 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 Hub City Pavers, 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 #048-03/RS - KENOSHA AVENUE PAVING & DRAINAGE IMPROVEMENTS - $110,805.60 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 con�ract 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. 379 Regular City Council Meeting April 24, 2003 Page 380 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Diane Rodriguez CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: Hub City Pavers By: /s/ Glen A. Sarten PRINTED NAME: Glen A. Sarten TITLE: President COMPLETE ADDRESS: Hub City Pavers 11803 University Avenue Lubbock, TX 79423 On February 13, 2003, the City Council approved a resolution authorizing staff to solicit bids for the paving of Kenosha Avenue. To briefly recap the history of this project, a new subdivision was being platted and developed just north of an old county subdivision (Lakeview Heights), which has since been annexed into the City. The Lakeview Heights subdivision is downstream of the new development. The bulk of the drainage from the new development will be through Kenosha Avenue and into the playa lake area at the northwest corner of 1141h Street and Indiana. Kenosha Avenue is strip paved in Lakeview Heights and there are several homes abutting Kenosha, which were constructed many years ago with low floor elevations. The property owners abutting Kenosha were concerned that the increased runoff from the upstream development would create flood problems and requested that the City evaluate the risks of this potential flood problem. It was determined that a number of the homes along Kenosha were at risk of flooding in the 100-year design storm event. It was determined that lowering the strip paving would protect the homes from the 100-year storm event. The property owners also wanted the opportunity to pave the street full width with curb and gutter instead of the strip paving. The resolution approved by Council authorized taking bids for the project full width with an alternate to strip pave. The owners would be required to prepay the difference between the strip paving bid and the full width paving bid by the date of the award of the bid, or the strip -paving bid would be awarded. Thirty-three local contractors were notified of the Invitation to Bid. Bids were received from the following companies: Full Width Paving Strip Paving Hub City Pavers of $110,805.60 $123,697.78 Lubbock, Texas Allen Butler Construction of $137,222.18 $141,397.14 Lubbock, Texas It was not anticipated that the full width paving bid would be lower than the strip -paving bid, as is the case on this bid. The reasons the strip paving was higher are: 380 Regular City Council Meeting April 24, 2003 Page 381 The largest item is revegetation requirements of disturbed area due to new rules from Texas Commission on Environmental Quality (TCEQ) on construction projects. These rules went into effect in March 2003. This is a storm water quality issue requiring that 70% of disturbed area have vegetation growth. Grass sod was included in this strip -paving bid to meet the revegetation requirement, which added $21,780 to the bid. No revegetation was required with the full width paving bid. Ditch grading was included as a separate bid item in the strip -paving adding $10,340 to the bid. Ditch grading is not in the full width paving bid. The Driveway adjustment was approximately $6,100 higher for the strip paving, since the drives needing adjustment would be of greater length to the strip paving than the full width paving. Therefore, even though the items related to only the paving units (because of reduced width and no curb and gutter) have a reduced cost of about $24,000 for strip -paving vs. full width paving, it still resulted in the overall bid for strip -paving being higher than the bid for full width paving after all items were included in the bids. Options: Award the full width bid to Hub City Pavers. Since this cost was less than the strip -paving bid, the abutting property owners would make no payment. Since this project is established in concept as a drainage improvement project, rather than a street paving project, an issue of setting precedence for the City providing full width paving at no cost to property owners is not anticipated. Re -bid the project. There could be adjustments made to the strip -paving bid specifications that could reduce that bid. However, it seems unlikely enough adjustments could be made to significantly reduce the cost in an amount much less than the full width paving. The unit prices in these bids are somewhat higher than those staff has been seeing in the market, but not unreasonably high for a relatively small project such as this. Delaying the project by re -bidding will likely create additional concerns from the abutting owners of potential flooding while awaiting the construction of the project. Time for completion of this project is 50 working days and liquidated damages are $250 per day. FISCAL IMPACT: A total of $111,000 was appropriated and $111,000 is available in project/account number 9199 (Kenosha Paving) for this purpose. Construction of the strip paving was estimated to cost $80,000. This estimate was prepared prior to the TCEQ rules related to revegetation, and the detailed estimate prepared that included driveways, drainage channels, and some other items. A Budget Change Request has been executed transferring $31,000 from the Subdivision & Assessment Paving capital project to the Kenosha project (both are approved projects within the Streets Capital Projects Fund) to fund the estimated construction cost of the full width paving. Should the Council determine a different approach to this project that does not require this additional funding, a Budget Change Request will be developed to transfer the money back to the Subdivision & Assessment Paving capital project. Award contract to Hub City Pavers, Inc. of Lubbock, Texas for the full width paving project for $110,805.60 with no cost to the abutting owners, since the full width bid was less than the strip -paving bid, or such alternative action as the City Council may deem appropriate. Larry Hertel, City Engineer, gave staff comments. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2003-R0167 as recommended by staff, made motion. Motion carried: 5 Yeas, 0 Nays. 381 Regular City Council Meeting April 24, 2003 Page 382 The next item considered was Item 44. MISCELLANEOUS 5:45 P.M. Other (46A.) Resolution No. 2003-RO170 appointing Tommy Gonzalez as Interim City Manager for the City of Lubbock, to serve until such time as a new City Manager is appointed. This item was considered following reconsideration of Item 45. RESOLUTION NO.2003-RO170 WHEREAS, Bob Cass, Lubbock City Manager, has announced his retirement as city manager as of April 30, 2003; and WHEREAS, Chapter 1, Article X, Sec. 1, of the Lubbock City Charter requires the City Council to appoint the city manager; and WHEREAS, the City Council of the City of Lubbock deems it to be in the public interest to appoint an interim City Manager for the City of Lubbock until such time as a new City Manager shall be selected to fill the vacancy created by the retirement of the city manager Bob Cass; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby appoints Tommy Gonzalez as interim city manager of the City of Lubbock, effective May 1, 2003, to perform those powers and duties of the city manager enumerated in Chapter 1, Article X, Section 4 of the Lubbock City Charter, including but not limited to the signing of checks or financial wire transfers, and to serve until such time as a new city manager is appointed. Furthermore, the City Council rescinds power and authority set forth above currently vested in Bob Cass effective at midnight on April 30, 2003. Passed by the City Council this 24th day of April, 2003. /S/ MARC MCDOUGAL — MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /S/ Anita Burgess Anita Burgess, City Attorney The City Council met in Executive Session on February 27, 2003. At that time, the Council came to a consensus to appoint Tommy Gonzalez as Interim City Manager for the City of Lubbock. Council Member Martin returned to the dais. Motion was made by Council Member Morrison, seconded by Council Member Hernandez to pass Resolution No. 2003-RO170 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Martin voted Nay. (46B.) Consider and discuss the search process for a new City Manager for the City of Lubbock. With the resignation of Bob Cass as City Manager, effective April 30, 2003, the City Council met to discuss the search process for a new City Manager for the City of Lubbock. Council Member Boren suggested waiting until Jim Gilbreath was sworn in as a Council Member in order to discuss his ideas of a search process. 382 Regular City Council Meeting April 24, 2003 Page 383 Council directed staff to draft a resolution for the May 8 h Council meeting, at which time necessary amendments could be made. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to accept Mayor McDougal's recommendations as to the process Council should follow to select a City Manager. Motion carried: 4 Yeas, 2 Nays. Council Members Boren and Martin voted Nay. 7:12 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All Council Members were present except Council Member Cooke. 10:25 A. M. (47.) Consider one appointment to the Arts Alliance, Inc. Grants Review Board. This item was considered following Item 45. Motion was made by Council Member Patterson, seconded by Council Member Morrison to appoint Paul Nash to the Arts Alliance, Inc. Grants Review Board, made motion. Motion carried: 5 Yeas, 0 Nays. (48.) Consider one appointment to the North Overton Tax Increment Financing Reinvestment Zone. Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint Don Rushing to the North Overton Tax Increment Financing Reinvestment Zone, made motion. Motion carried: 4 Yeas, 0 Nays. Mayor Pro Tern Hernandez recused himself. 10:30 A. M. CITY COUNCIL RECESSED 11:06 A.M. CITY COUNCIL RECONVENED IN REGULAR SESSION At this time, motion was made by Council Member Patterson, seconded by Council Member Morrison to reconsider Consent Agenda. Motion carried: 5 Yeas, 0 Nays. Next to be reconsidered was Consent Agenda. 8:30 P.M. CITY COUNCIL RECONVENED IN REGULAR SESSION 8:30 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor McDougal adjourned the meeting. Read and approved this Ah day of 22005. GAL, MAYOR ATTEST: Reb ca Garza, City Secretary 383