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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/12/2003CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JUNE 12, 2003 11:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 12th day of June, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 11:30 A. M. 11:38 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Tom Martin and Council Member Frank W. Morrison Absent: Council Member T.J. Patterson CITIZEN COMMENTS Three citizens expressed comments to the Council. They were: Rick Roach appeared to present his concerns about City staff ensuring compliance with ZBA decision with regard to a variance granted to a neighboring property. Craig Farmer, Managing Director of Planning & Transportation, gave staff comments. He informed Council that this item was on the upcoming ZBA agenda. Council Member Hernandez asked Mr. Farmer to keep Council informed after the ZBA hearing. Thomas J. Hoover, 2609 — 45t', spoke against tax increases. Mayor McDougal stated a public hearing would be held August 28, 2003 for comments on the tax rate. Council Member Martin asked staff to get a copy of the letter from Mr. Hoover stating that he is exempt from property taxes. Mikel Ward appeared to applaud the efforts of the City Council checking into the property tax issues. She stated she was against the tax increases. She also applauded the City Manager for his work on the budget. EXECUTIVE SESSION Mayor McDougal stated: "City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to Personnel, competitive matters of the public power utility, pending or contemplated litigation, deliberate the purchase, exchange, lease, or value of real property, economic development prospects 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." 12:06 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present except Council Member Patterson. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager, First Assistant City Attorney and City Attorney staff). ( 2.) 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; Regular City Council Meeting June 12, 2003 Page 520 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 discuss, deliberate and take final action on a competitive matter regarding a professional services agreement for legal services provided in relation to strategic and operational issues associated with Lubbock Power and Light. ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, to discuss deliberate and take final action on a competitive matter regarding contracts related to the acquisition, interconnection, or construction of transmission/distribution facilities. (Electric Utilities) ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, 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. (Electric Utilities) ( 5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Information Technology, Management Services, Planning, LP&L and Police Department). ( 6.) 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: Audit Committee, Community Relations Task Force, Keep Lubbock Beautiful Advisory Committee, Lubbock Metropolitan Planning Organization (LMPO), Youth Commission -Adults, Youth Commission — Students. ( 7.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Right of Way Department and Water Utilities). ( 8.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.087, to discuss or deliberate regarding commercial or financial information that the city has received from a business prospect that the city seeks to have locate, stay, or expand in or near the territory of the city and with which the city is conducting economic development negotiations and/or to deliberate the offer of a financial or other incentive to a business prospect (Texas Tech University). ( 9.) 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). 1:56 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 Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison, Tommy Gonzales, Interim City Manager; Don Vandiver, First Assistant City Attorney; and Rebecca Garza, City Secretary Absent: Council Member Patterson Mayor McDougal called the meeting to order at 1:56 P. M. 520 Regular City Council Meeting June 12, 2003 Page 521 (10.) Invocation by Dr. Michael Passmore, Senior Pastor, First Christian Church (11.� Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. Board Appointments Recognition (12.) Community Development & Services Board Receiving: Mary Nell Strong (unable to attend) Citizen Appearances (13.) Presentation of a Special Recognition to Lubbock Toastmasters Internationals to commemorate June 8 — 14, 2003 as Toastmasters Recognition Week and to present an Honorary Citizenship to Gavin Blakey, International President from Ashcrove in Queensland, Australia. For the past eighty years, Toastmasters International has served as an educational nonprofit organization that aids individuals in developing their communication and leadership skills. Lubbock has eight Toastmaster chapters that meet weekly around our city. The Lubbock chapters of Toastmasters will host a regional conference in Lubbock on June 11-12, 2003. The International President, Gavin Blakey, will be present for this conference. He is from Ashcrove in Queensland, Australia. Craig Blackwell, District 44 Governor was present to accept Special Recognition to Lubbock Toastmasters Internationals to commemorate June 8-14, 2003, as Toastmasters Recognition Week. Gavin Blakey, International President from Ashcrove in Queensland, Australia was present to accept an Honorary Citizenship. (14.) Presentation of Plaques to Larry Hertel and to Marsha Reed by the City of Lubbock and Parkhill, Smith and Cooper. A showcase article on the City of Lubbock's Storm Water Drainage project was featured in the December 16, 2002, issue of Texas Contractor. Using the magazine cover, Parkhill, Smith and Cooper created plaques for both Larry Hertel, City Engineer, and Marsha Reed, Senior Civil Engineer. Mr. Butch Davis, P.E., Vice President and Mr. Paul McMillen, P.E., Project Manager, presented a plaque to Larry Hertel, City Engineer, from the City of Lubbock and Parkhill, Smith and Cooper. Mr. Hertel was present to receive his plaque. Marsha Reed, Senior Civil Engineer, was unable to attend. CONSENT AGENDA (Nos. 15-32, 34-37, 39-44 ) Motion was made by Council Member Hernandez, seconded by Council Member Morrison to approve Items 15 (with corrections made to May 22, 2003 minutes), 16-32, 34-37, 39-44 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (15.) Approval of Minutes: Regular City Council Meeting May 22, 2003 Work Session Minutes May 6, 2003 Work Session Minutes May 7, 2003 (16.) Ordinance No. 2003-00042 abandoning and closing a portion of a 20- foot alley in Section 6, Block E-2, Lubbock County and adjacent to Lot B Security Park Development Addition and Lot 2 Five Point Addition to the (3702 Slide Road) (second and final reading). 521 Regular City Council Meeting June 12, 2003 Page 522 ORDINANCE NO. 2003-00042 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20 FOOT ALLEY LOCATED IN OR ADJACENT TO LOT B SECURITY PARK DEVELOPMENT ADDITION AND LOT 2 FIVE POINT ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (17.) Ordinance No. 2003-00046 amending Chapter 16, Motor Vehicles and Traffic, section 175.2 with regard to the establishment of new school zones on MLK Boulevard. at Estacado High School and on Toledo Avenue at Rush Elementary School (second and final reading). ORDINANCE NO.2003-00046 AN ORDINANCE AMENDING SECTION 16-175.2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE ESTABLISHMENT OF SCHOOL ZONES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. (18.) Ordinance No. 2003-00047 amending Chapter 16, Motor Vehicles and Traffic, section 175.1 so as to alter the prima facie speed limits upon certain streets (state highways) within the City of Lubbock: Loop 289 frontage roads from Brownfield Road clockwise to Idalou Road (second and final reading). ORDINANCE NO.2003-00047 AN ORDINANCE AMENDING SECTION 16-175.1 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE ESTABLISHMENT OF SPEED LIMITS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. (19.) Ordinance No. 2003-00048 abandoning and closing a 10-foot Water Line Easement located in Section 18, Block E-2, Lubbock County (10006 Memphis Avenue) (second and final reading). ORDINANCE NO.2003-00048 AN ORDINANCE ABANDONING AND CLOSING A WATER LINE EASEMENT LOCATED IN SECTION 18, BLOCK E-2, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (20.) Ordinance No. 2003-00049 adopting a 20-year, any age service retirement under the Texas Municipal Retirement System (second and final reading). ORDINANCE NO. 2003-00049 AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL RIGHTS AUTHORIZED BY SECTION 854.202(g) OF TITLE 8, TEXAS GOVERNMENT CODE, AS AMENDED, AND PRESCRIBING THE EFFECTIVE DATE FOR THE ORDINANCE. (21.) ORDINANCE 2003 — 00050 ZONE CASE NO. 2271-A (102 and 106 E. Queens Ave. and 1703 and 1705 N. Birch Ave.): Ordinance to consider request of Lloyd Croslin for a zoning change from C-4 to IHI on Lots 1-6, Carter Park Addition (second and final reading). 522 Regular City Council Meeting June 12, 2003 Page 523 ORDINANCE NO. 2003-00050 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2271-A; A ZONING CHANGE FROM C-4 TO IHI ZONING ON LOTS 1-6, CARTER PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (22.) ORDINANCE 2003-00051 ZONE CASE NO. 2934-B (south of 1001h Street and West of Homestead Ave.): Ordinance to consider request of Craft development for a zoning change from R-1 Specific Use to R- 1 Specific Use for garden homes mixed with town homes on an unplatted 16.7 acre tract of land out of Section 21, Block AK (second and final reading). ORDINANCE NO. 2003-00051 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2934-B; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES MIXED WITH TOWN HOMES ON AN UNPLATTED 16.7 ACRE TRACT OF LAND OUT OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (23.) ORDINANCE 2003-00052 ZONE CASE NO. 2719-D (Northwest corner of 82"d Street and Waco Ave.): Ordinance to consider request of Jim F. Dailey for Express Car Care for a zoning change from C-2 to C-3 for a quick oil change facility on an unplatted 0.69 acre tract of land out of Section 4, Block E (second and final reading). ORDINANCE NO.2003-00052 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2719-D; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON AN UNPLATTED 0.69 ACRE TRACT OF LAND OUT OF SECTION 4, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (24.) ORDINANCE 2003-00053 ZONE CASE NO. 2973 (north of Erskine St. and East of Chicago Ave.): Ordinance to consider request of Flying W Land Company for a zoning change from R-1 to A-1 Specific Use limited to duplexes on an unplatted 63-acre tract of land out of Section 6, Block JS (second and final reading). ORDINANCE NO. 2003-00053 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2973; A ZONING CHANGE FROM R-1 TO A-1 SPECIFIC USE FOR DUPLEXES ON AN UNPLATTED 62.23 ACRE TRACT OF LAND OUT OF SECTION 6, BLOCK JS, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (25.) ORDINANCE 2003-00059 ZONE CASE 1977-G (south of 71" Street and West of Slide Road): Ordinance to consider request of Hugo Reed and Associates, Inc. for Craig Wallace Construction for a zoning change from Garden Office to AM Specific Use for a professional office building with a bank on an unplatted 1.3 acre tract of land out of Section 27, Block E-2 (second and final reading). 523 Regular City Council Meeting June 12, 2003 Page 524 ORDINANCE NO. 2003-00059 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1977-G; A ZONING CHANGE FROM GO TO AM ZONING ON AN UNPLATTED 1.3 ACRE TRACT OF LAND OUT OF SECTION 27, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (26.) ORDINANCE 2003-00060 ZONE CASE NO. 2974 (South from the proposed Marsha Sharp Freeway (41h Street) to 7th Street between Ave. E and Ave. G): Ordinance to consider request of Kyle Zahn for a zoning change from IHI to IHI Specific Use for a sales lot on proposed Tract A, Trader's Depot Addition (second and final reading). ORDINANCE NO. 2003-00060 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2974; A ZONING CHANGE FROM IHI TO IHI SPECIFIC USE FOR A SALES LOT ON TRACT A, TRADER'S DEPOT ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (27.) Ordinance No. 2003-00064 abandoning and closing a 20-foot alley located Lot 1, Two Six's Industrial Park Addition to the (6702 Upland Avenue). (First Reading) ORDINANCE NO.2003-00064 AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT ALLEY LOCATED IN LOT 1, TWO SIX'S INDUSTRIAL PARK, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 20-foot by 200-foot alley along the west side of Lot 1, Two Six's Industrial Park Addition for replat purposes by David Crisp, the original dedicator of the plat. This addition is located just north of the Brownfield Highway (U.S. 82) and west of Upland Avenue. since the original dedicator is requesting the alley closure. Since the original dedicator is requesting the alley closure, there will be no charge. The Right -of -Way Department recommended approval of the first reading of this ordinance. (28.) Resolution No. 2003-RO217 authorizing the Mayor to execute a monitor well permit with Llano -Permian Environmental, for one monitor well on City property (1640 13th Street). RESOLUTION NO.2003-RO217 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 Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Llano Permian Environmental. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 524 Regular City Council Meeting June 12, 2003 Page 525 Passed by the City Council this 12th day of June 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Reb cca Garza, City Secretary APPROVED AS TO CONTENT: /s/ 18d Buc Ed Ikucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the attachments is filed with Resolution No. 2003-R0217. This monitor well permit allows Llano Permian Environmental of Amarillo to drill one ground water monitor well on City property northwest of City Hall in the employee parking lot. This well will be located 57-feet north of 13th Street and I I9-feet east of the service station on the north east corner of 13th Street and Avenue Q. This service station had underground leaking fuel tanks and the Texas Commission Environmental Quality has requested that they go off -site with an additional monitor well, in addition to those they have already drilled on their property and the City's. This permit is for 20 years, payable every 5 years in advance. All utilities are in agreement and the City will receive $100 per year for this monitor well location. The Right -of -Way Department recommended approval of this resolution. (29.) Resolution No. 2003-RO218 authorizing the Mayor to execute a monitor well permit with OES Environmental, Inc., for two street right-of-way monitor wells located at 35th and Akron Avenue (2602 35th, 2512 35th Street). RESOLUTION NO.2003-RO218 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 Street Use License and/or City Public Grounds Monitor Well Permit with associated documents, between the City of Lubbock and OES Environmental, Inc. Said agreements are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 525 Regular City Council Meeting June 12, 2003 Page 526 Passed by the City Council this 12th day of June, 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/ Linda Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the agreement is filed with Resolution No. 2003-R0218. This monitor well permit allows OES Environmental, Inc. of Coppell, Texas to drill two ground water monitor wells on City street right-of-way. The first well is located 20 feet west and five feet south of the southeast corner of Lot 20, Block 1, Lisemby Addition. Second well is located 20 feet east and five feet south of the southwest corner of Lot 15, Block 1, Kinser Addition. The Jiffy Clean Shop at 2555 34th Street had an underground leaking fuel tank and the Texas Commission Environmental Quality has requested that they go off -site with two monitor wells, in addition to those they have already drilled on their property. This permit is for 20 years, payable every five years in advance. All utilities are in agreement and the City will receive $200 per year for these two monitor well locations. The Right -of -Way Department recommended approval of this resolution. (30.) Resolution No. 2003-RO219 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. RESOLUTION NO.2003-RO219 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: WHEREAS, the City Council finds it in the best interest of the citizens of Lubbock that the South Plains Regional Narcotics Task Force be operated for the 2003-2004 grant year; and WHEREAS, the City Council has authorized the Mayor to apply for, accept, reject, alter, or terminate the grant; and WHEREAS, the City Council has agreed to provide the minimum matching percentage for the said project as required by the Edward Byrne grant application (specifically, the sum of $259,351.00); and WHEREAS, the City Council has agreed and hereby gives assurances that in the event of loss or misuse of the Criminal Justice Division Funds such funds will be returned to the Criminal Justice Division in full; and WHEREAS, City Council has agreed that the Mayor will serve as the grantee's authorized official. The authorized official is authorized to apply for, accept, decline, alter or terminate the grant on behalf of the applicant agency. 526 Regular City Council Meeting June 12, 2003 Page 527 NOW THEREFORE, BE IT RESOLVED that the City Council approves submission of the grant application for the South Plains Regional Narcotics Task Force to the Office of the Governor, Criminal Justice Division. Passed by the City Council this 12th day of June, 2001. /S/ MARC MCDOUGAL Marc McDougal, Mayor 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 The attorney for the Criminal Justice Division of the Office of the Governor, Bill Zimmerman, reviewed the April 24, 2003 Resolution concerning the application for the Drug Task Force grant. Zimmerman contacted Lt. Brumley and advised him that the exact wording naming the Mayor as the grantee's authorized official must include this phrase: "apply for, accept, reject, alter, or terminate the grant." Lt. Brumley rewrote the resolution according to directions from Zimmerman and sent it to Zimmerman for his approval. Zimmerman approved the format and wording of the resolution. Zimmerman advised Lt. Brumley that the grant award letter will not be held up pending the passage of this resolution, but that the passing of this resolution will be a condition of the grant being funded. The condition will not be on the award letter if the resolution is passed prior to the award letter being sent. FISCAL IMPACT: Total Cash Match Required $259,351 Less Lubbock County 27,050 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. (31.) Resolution No. 2003-RO220 creating an Audit Committee for the City of Lubbock. RESOLUTION NO. 2003-RO220 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 establishing an Audit Committee of the City of Lubbock; and WHEREAS, the City Council desires to have said Committee advise the City Council in fulfilling its oversight responsibilities by reviewing and making recommendations regarding the City's financial and performance audits; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 527 Regular City Council Meeting June 12, 2003 Page 528 SECTION 1. THAT an Audit Committee is hereby created by the City Council of the City of Lubbock to advise the City Council in fulfilling its oversight responsibilities by assessing and making recommendations regarding the City's financial and performance audits, including the systems of internal control and the audit processes, findings, and recommendations, including but not limited to the responsibilities set forth in Section 3, and otherwise assessing City wide financial and performance activities brought to the attention of the Audit Committee. In performing its work, the Audit Committee shall maintain an open avenue of communication between the City Council, City Manager, internal auditor and independent external auditor, thereby helping to maintain public trust that the City of Lubbock has fulfilled its fiduciary responsibility to its Citizens. SECTION 2. The Audit Committee shall consist of five (5) members, who shall be appointed to two (2) year staggered terms by the City Council. Three of the initial terms shall be for two (2) years and two initial terms shall be for one (1) year as determined by the casting of lots. The chairperson shall be appointed by the Mayor. Each member of the Audit Committee shall meet the Independence Standards in the Government Auditing Standards set forth by the U.S. Comptroller General, who heads the U.S. General Accounting Office. At least two (2) members of the Audit Committee shall have a background in financial reporting, accounting, or auditing, and at least one (1) member shall be a certified public accountant. However, the lack of any such specific member shall not invalidate or otherwise affect the actions taken by the Audit Committee. The Audit Committee shall report directly to the City Council and no member shall be a City official, employee or former City official or employee. SECTION 3. The Audit Committee shall have the following general duties and responsibilities: 1. Have the power to authorize investigations into any matters within the Audit Committee's scope of responsibilities. The Audit Committee shall have unrestricted access to members of management (which shall be any person employed by the City in a supervisory capacity), City employees and relevant information as solely determined by the Audit Committee. 2. Meet four times per year, or more frequently as circumstances require as determined by the chairperson. The chairperson shall schedule all meetings and provide the members with a written agenda. A simple majority shall be a quorum and an affirmative vote of three members shall be required for any action to be taken by the Audit Committee. The Audit Committee shall adopt such rules and procedures as it deems appropriate. 3. Meet at least annually with the independent external auditor, the internal auditors, and management to discuss any matters that the Audit Committee believes should be discussed with the Audit Committee. As an advisory committee, the Audit Committee is not subject to the Open Meetings Act and it shall be exempt from the City policy requiring advisory boards to comply with the Open Meetings Act. 4. Provide an annual report to the City Council stating, among other things, whether the Audit Committee has: a) Analyzed and discussed the audited financial statements with management. b) Received representations from the independent external auditors regarding the auditors' independence and compliance with audit standards of the American Institute of Certified Public Accountants (AICPA), the U.S. General Accounting Office, and the single audit standards of the U.S. Office of Management and Budget. c) Discussed with the independent external auditors the matters required to be discussed by AICPA Statements on Auditing Standards on Communication with the Audit Committee. d) Considered whether the terms of engagement with the independent external auditor are appropriate or should be changed. e) Review and evaluate the City's internal audit function. 528 Regular City Council Meeting June 12, 2003 Page 529 SECTION 4. The Audit Committee shall review and evaluate internal controls and risk assessment as follows: 1. Review and evaluate the effectiveness of the City's process for assessing significant risks or exposures and the steps management has taken to monitor and control such risks to the City. 2. Consider and review with management the internal audit staff and the independent auditor with regard to: a) The effectiveness of or weaknesses in the City's internal controls including the status and adequacy of information systems and security. b) Any related significant findings and recommendations of the independent external auditor and the internal auditors, together with management's responses, including the timetable for implementation of recommendations to correct weaknesses in the internal controls. 3. Instruct the independent external auditor to communicate directly to the Audit Committee any serious difficulties or disputes with management. The independent external auditor is ultimately responsible to the City Council through the Audit Committee. SECTION 5. The Audit Committee shall have the following responsibilities with regard to review of internal audit activities. 1. Evaluate the internal audit process for establishing the annual internal audit plan and the focus on risk. 2. Evaluate the audit scope and role of internal audit. 3. Consider and review with management: a) Significant findings and management's response, including the timetable for implementation to correct weaknesses. b) Any difficulties encountered in the course of their audits, such as restrictions on the scope of their work or access to information. c) Any changes required in the planned scope of their audit plans. d) The internal audit budget. SECTION 6. The Audit Committee shall have the following responsibilities with regard to financial reporting. 1. Review with management and the internal auditor the City's interim financial statements and budget comparisons. 2. Advise management and the City Council if anything has come to the Audit Committee's attention that causes it to believe that the audited financial statements included in the City's financial statements of management's discussion analysis contain any untrue statement of material fact or omit to state a necessary material fact. 3. Review with management and the independent external auditor at the completion of the annual examination: a) The City's annual financial statements and related notes. b) The independent external auditor's audit of the annual financial statements and the auditor's report. c) Any significant changes required in the independent external auditor's audit plan. d) Any difficulties or disputes with Management during the audit. e) The City's accounting procedures. f) Other matters related to conduct, which should be communicated to the Audit Committee under generally accepted auditing standards. SECTION 7. The Audit Committee shall have the following responsibilities with regard to the independent external auditor. 529 Regular City Council Meeting June 12, 2003 Page 530 1. Advise the City Council on the qualifications for selection of the independent external auditor, and, if requested by the City Council, assistance in the selection of the independent external auditor. 2. Review the scope and approach of the annual audit with the independent external auditor. 3. Assess the independent external auditor's process for identifying and responding to key audit and internal control risks. SECTION 8. The Audit Committee shall not plan or conduct audits or determine that the City's financial statements are complete and accurate and are in accordance with generally accepted accounting principles as those activities are the sole responsibility of management and the independent external auditor. Nor shall the Audit Committee conduct investigations to resolve disagreements between management and the independent external auditor or assure compliance with laws and regulations. The Audit Committee is merely an advisory committee and has no power to decide policy or to take governmental action. SECTION 9. The Audit Committee shall review this Resolution annually and suggest any needed changes to the City Council. Passed by the City Council this 12th day of June 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Becky Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Interim City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney In February 2003, City Council discussed the need to appoint an Audit Committee. This resolution will create the Audit Committee and establish their charge. Staff recommended approval of this resolution. (32.) Consider approval of a donation to HOME Match to the New Construction Program to further affordable housing, an Urban Renewal vacant lot at 2202 Cedar Avenue, designated as Parcel 93440-13-60, legally described as Lot 6, Block 13, Wheelock's Second Addition to the City of Lubbock, Lubbock County, Texas. This is a donation of the subject vacant lot by the Urban Renewal Agency to the HOME Program as match to further affordable housing for new construction in the Chatman Hill Area. The lot is priced at $750.00 and is the match value. Ms. Trina Fininen has been approved for the 2002-2003 New Construction Program through the Community Development Department. Ms. Fininen has selected an Urban Renewal vacant lot at 2202 Cedar Avenue in the Chatman Hill Area. The home will be approximately 1,300 square feet, with three bedrooms, two baths and a one -car attached garage with an 530 Regular City Council Meeting June 12, 2003 Page 531 estimated cost of $78,000.00. The lot is properly zoned for residential development. The New Construction Program is designed to build quality affordable housing in the targeted areas and/or on Urban Renewal Lots by providing infill of newly constructed houses on vacant lots. Low-income families and individuals who have not owned a home in the last three years are provided an opportunity to become first time homeowners through this program. The Home Investment Partnership Program (HOME) for the 2002-2003 fiscal year will provide $240,000 in federal funds for the construction of three structures. The Urban Renewal Board of Commissioners approved the donation on May 20`h, 2003. The Community Development staff recommended approval of this item. (33.) Ordinance No. 2003-0 amending Chapter 9, Electric Utility, by adding Article III, Sections 9-30 through 9-36 providing for the installation and cost recovery for electric utilities providing underground electric utility distribution service for residential developments when five or more contiguous lots are scheduled for immediate development. This item was deleted. (34.) Resolution No. 2003-RO221 amending the rate and tariff structure of Lubbock Power & Light, the 's municipally owned electric utility, by adding and defining a new tariff for certain retail commercial customers within the certificated territory of Lubbock Power & Light. RESOLUTION NO.2003-RO221 WHEREAS, Lubbock Power & Light is the municipally owned electric utility of the City of Lubbock; and WHEREAS, pursuant to Section 40.055 of the Texas Utility Code, the City Council of the City of Lubbock, as the governing body of Lubbock Power & Light has exclusive jurisdiction to set all terms of access, conditions, and rates applicable to services provided by Lubbock Power & Light; and WHEREAS, Section 551.086 of the Texas Government Code authorizes the City Council of the City of Lubbock, as the governing body of Lubbock Power & Light, to meet in executive session to discuss, vote and take final action on a competitive matter of Lubbock Power & Light; and WHEREAS, pursuant to Section 9-17 of the Code of Ordinances, City of Lubbock, Texas, all rates to be charged for electric service provided by Lubbock Power & Light shall be determined by the City Council of the City of Lubbock in a meeting conducted pursuant to Section 551.086 of the Texas Government Code; and WHEREAS, the City Council of the City of Lubbock has determined that the subject matter of this resolution and any and all exhibits attached hereto relate to Lubbock Power & Light's competitive activity; and WHEREAS, the City Council of the City of Lubbock implemented the current rate and tariff structure for residential, commercial, industrial and other retail customers of Lubbock Power & Light via Resolution No. 2001-RO103 and became effective October 8, 2001; and WHEREAS, the City of Lubbock desires to amend the current rate and tariff structure by adding a rate class for certain commercial customers of Lubbock Power & Light which such amended rate class is attached hereto and incorporated herein as though set forth fully herein; and WHEREAS, the City Council has determined in a meeting conducted pursuant to Section 9-17 of the Code of Ordinances, City of Lubbock, Texas that the current rate and tariff structure of Lubbock Power & Light should be amended to improve the efficiency and competitiveness of the City's municipally owned electric utility; NOW THEREFORE: 531 Regular City Council Meeting June 12, 2003 Page 532 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the tariff and rate structure of Lubbock Power & Light shall be amended to include a new rate class, designated Rate 16S, which shall become effective and be implemented by Lubbock Power & Light on July 1, 2003. The terms and conditions of the new rate class along with the general terms and conditions applicable to all tariff and rate classes of Lubbock Power & Light is attached hereto as Exhibit "A" and incorporated herein as though set forth fully herein. THAT this rate and tariff structure, as amended and including the general terms and conditions thereof, shall remain in effect until the City Council of the City of Lubbock authorizes amendment of such rate and tariff structure. Passed by the City Council this 12th day of June, 2003. /S/ MARC MCDOUGAL Marc McDougal, Mayor ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald Chief Executive Officer Department of Electric Utilities City of Lubbock APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade, Assistant City Attorney A copy of the Exhibit "A" is filed with Resolution No. 2003-RO221. To be able to increase the revenues LP&L receives from Texas Tech University, without increasing the cost for other customers billed under the same rate, requires that a new rate be created and that Texas Tech be moved to the new rate. Staff recommended approval of this resolution. (35.) Resolution No. 2003-RO222 authorizing the Mayor to execute an Interlocal Agreement for cooperative purchasing with Lynn County. RESOLUTION NO.2003-RO222 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement for cooperative purchasing, by and between the City of Lubbock and Lynn County, Texas, 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. 532 Regular City Council Meeting June 12, 2003 Page 533 Passed by the City Council this 12th day of June, 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/ Jlohn_Knight - - Joh#' Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0222. Cooperative purchasing is one of the ways that local governments can save time and money in their purchasing programs. It occurs when two or more entities coordinate some or all of their purchasing needs so that they can join in purchases to the mutual benefit of all the entities concerned. VTCA Government Code Chapter 791 - Interlocal Cooperation Act allows local governments to contract with and between each other, to provide governmental functions and services, and to join together in contracting with others to provide goods and services. The City of Lubbock and Lynn County desire to cooperate on select governmental purchases in order to enjoy greater economy of scale and thereby reduced prices for certain commodities used by both governmental entities. Pursuant to Section 791.012, the laws of the particular entity making the particular purchase will apply to the purchase unless the law of the other entity is stricter and would prohibit the purchase being made in such a manner. In such a case, the purchase will be made in conformance with the most stringent applicable regulation. The City of Lubbock and Lynn County will engage in the purchase of items and services that are used by both entities and as jointly agreed upon by the purchasing officers of both entities. As a general rule, the governmental entity that uses the most of a particular commodity or service will be the lead agent in making a joint purchase. Each entity will be responsible for payment of its portion of the proportionate purchase costs directly to the vendor. The period of this Interlocal Agreement will be for the balance of the fiscal year and will thereafter be automatically renewed annually for each succeeding fiscal year of the City. FISCAL IMPACT: Local governments benefit in many ways, including developing contacts with other local government officials and developing the habit of cooperating with other entities. Some of the most common benefits are: L Lower costs through increased volume. 2. Lower (shared) administrative costs. 3. Improved response from vendors. 4. Shared experience leading to better product specification. 5. Better compliance with state statutes on purchasing. Staff recommended approval of this resolution. 533 Regular City Council Meeting June 12, 2003 Page 534 3 ( 6•) Resolution No. 2003-RO223 creating a Policy Review Committee for the City of Lubbock. RESOLUTION NO.2003-RO223 WHEREAS, the City Council of the City of Lubbock desires to establish a City Policy Review Committee; and WHEREAS, the City Policy Review Committee shall be composed of citizens of the City of Lubbock and City employees; and WHEREAS, the goal of the City Policy Review Committee is to evaluate all City internal policies to ensure their current validity and application to the operations of the City of Lubbock; and WHEREAS, the City Policy Review Committee shall make recommendations on Potential revisions of the City's internal policies; and WHEREAS, the creation of a committee to review the City's internal policies is important to ensure orderly and proper functioning of City operations and improve community and employee relations in the City; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a City Policy Review Committee is hereby created by the City Council of the City of Lubbock, which shall perform its duties in accordance with the following criteria: 1. The primary objective of the Committee shall be to review the City's internal policies, including personnel and finance policies for issues such as duplications, obsolescence, clarity and conflicting requirements. The Committee shall develop a list of recommended revisions and shall submit said list to the City Manager, the City Attorney, and appropriate City departments for review and implementation when deemed appropriate. 2. The Committee will consist of eleven (11) members that shall be citizens of the City of Lubbock and shall be appointed by the City Council upon recommendation of the City Manager. The City Council shall designate the Chairperson and Vice - chairperson from the appointed members of the Committee. The City Manager shall appoint fifteen (15) City employees representing the various departments that administer and/or impacted by the internal policies to act as support staff for the Committee. The City Manager shall appoint a staff liaison to the Committee. The Committee may establish subcommittees when it deems it is appropriate for specialization or concentration on specific internal policies. 3. Regular meeting will be held at times and locations established by a majority of the Committee members. A simple majority shall constitute a quorum, and a majority vote of the quorum shall be required for any action to be taken by the Committee. 4. The City Policy Review Committee members shall serve for a term of one year or until such time as their successors are appointed. 6. Reports shall be presented by the Chairperson of the Committee to the City Council as requested by the City Council. 534 Regular City Council Meeting June 12, 2003 Page 535 Passed by the City Council this 12th day of June, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ ebecca Garza Reb cca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tomm Gonzalez To y Gonzalez, Interim City Manager APPROVED AS TO FORM: isl A�mv L Sims Amy L. Sims, Assistant City Attorney The Interim City Manager has approached eight citizens to serve on this committee. After discussion with Council, it has been decided that the committee will expand to eleven members. The Council will ratify the appointment of the citizens already recruited. The Council will then appoint an additional three members. Two of the three remaining slots will include the Chair and Vice -Chair of the Committee. The resolution is written to ensure that Council will make the remaining appointments. The purpose of this Committee is to review the City's internal policies. The Committee will be responsible for: 1. Gathering and reviewing all internal City policies for duplication, obsolescence, conflicting requirements, and clarity and; 2. Developing a list of recommended changes to be submitted to the City Council, City Manager, the City Attorney, and the appropriate departments for review and implementation. The Committee will be composed of 11 Citizens. In addition, 15 representatives from departments that administer the policies and from departments that are impacted by the policies will represent the City. Representatives from the City's legal department will provide guidance. Nancy Haney, Interim Operations Officer, will be the staff liaison for the committee. It is anticipated that the Committee will need 9 — 12 months to complete the review of all City policies. Staff recommended approval of this resolution. (37,) Resolution No. 2003-RO224 creating a City Ordinance Review Committee for the City of Lubbock. RESOLUTION NO.2003-RO224 WHEREAS, the City Council of the City of Lubbock desires to establish a City Ordinance Review Committee to review and evaluate the numerous City ordinances that impact the citizens of Lubbock; and WHEREAS, the City Ordinance Review Committee shall be composed of citizens, business and neighborhood representatives, and City employees; and WHEREAS, the goal of the City Ordinance Review Committee is to evaluate all City ordinances to ensure their current validity and just application to the citizens and businesses of the City of Lubbock; and WHEREAS, the City Ordinance Review Committee shall make recommendations on potential revisions of the City's Code of Ordinances to improve, correct, or simplify the provisions; and 535 Regular City Council Meeting June 12, 2003 Page 536 WHEREAS, the creation of a committee to review the City's ordinances is important to ensure the viability and just application of the City's laws; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a City Ordinance Review Committee is hereby created by the City Council of the City of Lubbock, which shall perform its duties in accordance with the following criteria: 1. The primary objective of the Committee shall be to review the City's Code of Ordinances to include, but not be limited to, the following: a. Evaluation of the validity and the up dating of provisions; b. Business and citizen issues; C. Unclear, vague, or archaic provisions; The Committee shall recommend changes, if any, based upon their review of the ordinances. The Committee shall present their recommendations to the City Manager and the City Council for their review and implementation as deemed appropriate by the City Council. 2. The Committee will consist of eleven (11) members that shall be citizens of the City of Lubbock or representatives of the City of Lubbock business community and/or neighborhood organizations and shall be appointed by the City Council upon recommendation of the City Manager. The City Council shall designate the Chairperson and Vice -chairperson from the appointed members of the Committee. The City Manager of the City of Lubbock shall appoint ten (10) City employees to act as liaisons to the Committee. A representative of the City of Lubbock City Attorney's Office shall serve as an ex-officio member of the committee. 3. Regular meeting will be held at times and locations established by a majority of the Committee members. A simple majority shall constitute a quorum, and a majority vote of the quorum shall be required for any action to be taken by the Committee. 4. The City Ordinance Review Committee members shall serve for a term of one year or until such time as their successors are appointed. 6. Reports shall be presented by the Chairperson of the Committee to the City Council as requested by the City Council. Passed by the City Council this 12th day of June, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Interim City Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney The Interim City Manager has approached seven citizens to serve on this committee. After discussion with Council, it has been decided that the committee will expand to eleven members. The Council will ratify the appointment of the citizens already recruited. The Council will then appoint an additional four members. Two of the four remaining slots will 536 Regular City Council Meeting June 12, 2003 Page 537 include the Chair and Vice -Chair of the Committee. The resolution is written to ensure that Council will make the remaining appointments. This Committee will review the ordinances of the City over the next year with specific emphasis on those that: 1. Are business or customer unfriendly 2. Need revision 3. No longer make sense or are obsolete 4. Generate numerous complaints The Committee will be composed of I members including citizens or representatives of the business community and/or neighborhood groups. In addition, 10 representatives from various departments will represent the City. Representatives from the City's legal department will provide guidance. Craig Farmer, Managing Director of Planning and Transportation, will be the staff liaison for the committee. The Committee will hold public meetings with various groups and within each City Council member district to elicit public comment about the ordinances of the City. They will then develop recommendations for new ordinances, ordinances to be revised or amended and ordinances to be repealed. It is anticipated that the Committee will need 9 — 12 months to complete the review of all City ordinances. Actual ordinance changes will be prepared by City staff and approved by the City Council. Staff recommended approval of this resolution. (38.) Resolution No. 2003-R authorizing the execution for and on behalf of the City of Lubbock approval of an Agreement between the Central Business District Tax Increment Financing Reinvestment Zone of Lubbock, Texas, (TIF District) and the Lubbock Central Appraisal District to provide all the services necessary for the collection and deposit of the Tax Increment Fund This item was deleted. (39.) Resolution No. 2003-RO225 and Resolution No. 2003-R0226BID (037- 03/RS —for Contract Turf Maintenance — Various Rights -of -Way & Broadway Streetscape (Park Maintenance) ,RESOLUTION NO.2003-RO225 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 turf maintenance — annual pricing, by and between the City of Lubbock and Rampy Landscaping Maintenance 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. 537 Regular City Council Meeting June 12, 2003 Page 538 Passed by the City Council this 12th day of June, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victory Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2003-R0225. RESOLUTION NO.2003-RO226 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 turf maintenance — annual pricing, by and between the City of Lubbock and Cutting -Edge Landscape of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of June, 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 Contract is filed with Resolution No. 2003-R0226. This bid establishes annual pricing for maintenance of Group 8 right-of- ways and Group 9 Broadway streetscape properties. The privatization of right-of-way services is in its eighth year and Parks and Recreation staff is pleased with the results thus far. The contract term is for one year with two one-year renewal options. Three cycles for Group 8 at $13,950 per cycle and seven cycles of Group 9 at $372 have been completed by the Park Maintenance Department for a contract reduction of $44,454. The 538 Regular City Council Meeting June 12, 2003 Page 539 remaining balance of $73,470 will remain to be paid for the remaining portion of this year. Eighty-nine local businesses were notified of the Invitation to Bid. FISCAL IMPACT: A total of $87,019.20 was appropriated and $87,019.20 is available in account 5221.8314 (Park Maintenance -Privatization) for this purpose. Award bid for Group 8 to Cutting Edge Landscape of Lubbock, Texas for $111,600 and Group 9 to Rampy Landscape Maintenance of Lubbock, Texas for $6,324 or such alternative action as the City Council may deem appropriate. (40.) Resolution No. 2003-110227/13I1) (046-03/RS —for Municipal Building East Parking Lot Lighting Repairs (Street Drainage Engineering) RESOLUTION NO. 2003-RO227 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 Municipal Building east parking lot lighting repairs, by and between the City of Lubbock and Plains Builders, Inc. of Amarillo, 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 12th day of June, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza RebecCca 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 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 12th day of June, 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 Plains Builders, Inc., of the City of Amarillo, County of Randall, 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 9046-03/RS - MUNICIPAL BUILDING EAST PARKING LOT LIGHTING REPAIRS - $32,032.00 539 Regular City Council Meeting June 12, 2003 Page 540 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Daniel Koetting CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: Plains Builders, Inc. By: /s/ Daniel Koetting PRINTED NAME: Daniel Koetting TITLE: Secretary COMPLETE ADDRESS: Plains Builders, Inc. PO Box 7008 Amarillo, TX 79114 This bid involves repairs to the Municipal Building east parking lot. The lights are continuously shorting out due to moisture reaching the old wiring in fiber conduits. Five light poles will be removed and repainted. Four of the five concrete bases will be removed and replaced at a height, which will provide more protection. The new bases will extend above car bumper heights. New wiring in sealed conduits will be installed under the pavement. Pavement repairs will be made to improve the parking and driving surface. Electrical repairs to the parking lot lights will be greatly reduced. Time for completion of this project is 60 days and liquidated damages is $200 per day. One hundred nine local contractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $50,000 was appropriated and $32,492 is available in project number 945-9307 (Municipal Building Parking) for this purpose. Award bid to Plains Builders, Inc. of Lubbock, Texas for $32,032 or such alternative action as the City Council may deem appropriate. (41.) Resolution No. 2003-R0228/BID (054-03/RS —for 2001 Paving Assessment Program Improvement (Street Drainage Engineering). 540 Regular City Council Meeting June 12, 2003 Page 541 RESOLUTION NO. 2003-RO228 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 2001 Paving Assessment Program improvements, by and between the City of Lubbock and Hub City Pavers of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of June, 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/ John Knight John Knight, Assistant City Attorney /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of June, 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, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 4054-03/RS - 2001 PAVING ASSESSMENT PROGRAM IMPROVEMENTS - $293,835.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ��§I Regular City Council Meeting June 12, 2003 Page 542 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Owner's Representative APPROVED AS TO FORM: /s/ Linda L. Chamales City Attorney ATTEST: Corporate Secretary /s/ Diane G. Rodriguez CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: Hub City Pavers, Inc. By: /s/ Glen A. Sarten PRINTED NAME: Glen A. Sarten TITLE: President COMPLETE ADDRESS: Hub City Pavers, Inc. 11803 University Avenue Lubbock, TX 79423 This project consists of paving improvements to five alleys and two streets that were requested by the adjacent property owners. The street paving will connect at each end to paved streets. The alley paving will allow needed surface lowering and eliminate ruts holding water. This bid is for a unit price contract allowing only the repairs that are within the budgeted amount to be completed. Paving of the streets will correct site drainage problems, create a continuous paved surface to a thoroughfare and eliminate several ongoing dust complaints. Paving the alleys will correct site drainage problems and aid usage by rear entry garage homeowners. These improvements will significantly decrease Street Department maintenance. The majority of the costs will be borne by the property owner. The City will pay approximately 30% of the construction costs. Time for completion of this project is 90 working days and liquidated damages is $200 per day. Forty local contractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $679,384 was appropriated and $238,032 is available in project number 9516.9240 (Subdivision Assessment and Paving) for this purpose. Award contract to Hub City Pavers, Inc. of Lubbock, Texas for $293.835, or such alternative action as the City Council may deem appropriate. (42.) Resolution No. 2003-R0229BID (058-03BM —for Self -Contained Breathing Apparatus Units, Equipment and Parts (Fire) RESOLUTION NO. 2003-RO229 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 self- contained breathing apparatus units, equipment & parts, by and between the City of Lubbock and Wayest Safety, Inc. of Forney, 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. 542 Regular City Council Meeting June 12, 2003 Page 543 Passed by the City Council this 12th day of June, 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 Knipht John Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2003-R0229. This bid is for the purchase of Self -Contained Breathing Apparatus (SCBA) units, equipment and parts. The intent of this purchase is to fulfill a replacement cycle program implemented by the Fire Department to maintain inventories that drop due to units whose service life has expired and/or failed inspection and for the purposes of maintaining compliancy with upgrades dictated by National Fire Protection Association standards. All other miscellaneous equipment parts completing this purchase shall replenish depleted supplies applied to necessary maintenance. While evaluating the bids, another capital project (for apparatus) initiated concurrently, yielded ten SCBA units. As a result, Item 1 specifying six SCBA units was deleted from the bid tabulation. The remaining Items 2 — 52 of the bid were considered for award. It was determined that Dooley Tackaberry, Inc. of Deer Park, Texas submitted the lowest extended price bid complying with Fire Departmental specifications. Six local businesses were notified of this Invitation to Bid. FISCAL IMPACT: A total of $138,525 was appropriated and $121,775 is available in project numbers 8459 and 5619.8161 (SCBA Replacement/Equipment and Small Tools) for this purpose. Award bid to Dooley Tackaberry, Inc. of Deer Park, Texas for $53,446.50, or such alternative action as the City Council may deem appropriate. (43.) Resolution No. 2003-R0230/BID (063-03/RS—for Lubbock Memorial Civic Center Theater Aisle Renovation (Civic Center) RESOLUTION NO.2003-R0230 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 Lubbock Memorial Civic Center Theater aisle renovation, by and between the City of Lubbock and D & V Construction 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. 543 Regular City Council Meeting June 12, 2003 Page 544 Passed by the City Council this 12th day of June, 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of June, 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 D & V Construction, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #063-03/RS - LUBBOCK MEMORIAL CIVIC CENTER THEATER AISLE RENOVATIONS - $102,554.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 544 Regular City Council Meeting June 12, 2003 Page 545 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Freddv Chavez Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Charles Davis CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: D & V Construction, Inc. BY: /s/ Charles Davis PRINTED NAME: Charles Davis TITLE: Vice President COMPLETE ADDRESS: D & V Construction, Inc. 13910 Hwy 87 Lubbock, TX 79423 This project involves the installation of aisle lighting fixtures, hand railing and contrasting color carpet at all aisle ways in the Lubbock Memorial Civic Center. Currently there are no handrails in place in the seating area of the theater and the existing aisle lights only provide limited illumination of the steps. The current step carpet is of the same color, which makes it difficult to distinguish their depth when climbing up or down the aisles. The addition of handrails will provide a stationary object for patrons to hold on to while accessing their seats in the upper sections. The new handrails will provide all patrons a safer method of accessing their seat location when utilizing the upper seating sections by providing a stationary object to hold onto. The current stops are not of a uniform size, therefore the contrasting carpet color will allow for a clearer distension of the aisle steps when patrons are either going to or leaving from their seats. The new aisle way lighting fixtures will illuminate the steps in a manner that the light will not reflect onto the stage area of the theater, but cover the adjacent steps. Time for completion of this project is 120 days and liquidated damages is $425 per day. Twenty-eight local contractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $112,000 was appropriated and $109,861 is available in account number 90168 (Theater Aisle Renovations) for this purpose. Award contract to D&V Construction, Inc. of Lubbock, Texas for $102,554, or such alternative action as the City Council may deem appropriate. (44.) Resolution No. 2003-R0231/ BID (002-03/BM—for Carpet & Brick Floor Cleaning Services at Lubbock International Airport — Annual Pricing (Aviation) RESOLUTION NO. 2003-RO231 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to reject all bids for Caprock & Brick Floor Cleaning Services at LIA-Annual Pricing, for ITB# 002-03BM. 545 Regular City Council Meeting June 12, 2003 Page 546 Passed by the City Council this 12th day of June, 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 /s/ John Knight John Knight, Assistant City Attorney This bid establishes annual pricing for weekly cleaning of the carpet and weekly cleaning and annual stripping of the brick floors at the Lubbock International Airport terminal building. The Department of Aviation has utilized a contractor for these services since 1999. The contracting of this work allows for a more concentrated effort on the cleaning of the carpet and the brick floors that has improved the appearance of the terminal building. After learning that CLOLA Enterprises, LP (the lowest bidder) does not have Worker's Compensation insurance as specified in the bid documents, staff began reviewing the next lowest bidder with a bid of $78,500, which is $29,504 higher than the CLOLA bid. After consulting with the City's Risk Management Department, it has been determined that a less costly alternative to Worker's Compensation insurance could be specified if the contract were re -bid. Forty-three local businesses were notified of the Invitation to Bid. FISCAL IMPACT: A total of $96,345 was appropriated and $64,399 is available in account number 4615.8302 (Professional Services) for this purpose. Staff recommended that City Council reject all bids and instruct staff to modify the insurance requirements and re -bid this contract, or such alternative action as the City Council may deem appropriate. At this time, motion was made by Council Member Boren, seconded by Council Member Morrison, to take Item 61 out of order. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 61. ORDINANCES FOR PASSAGE Second Reading (45.) ORDINANCE 2003-00054-ZONE CASE NO. 2705-A (4601 I-27 North) to continue request of Lamar Outdoor Advertising for a zoning change from IHI to C-4 Specific Use limited to a billboard and all unconditionally permitted IHI uses to allow an existing off -premise sign on a portion of an unplatted tract of land out of Section 9, Block A. This item was considered following Item 61. 546 Regular City Council Meeting June 12, 2003 Page 547 ORDINANCE NO. 2003-00054 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2705-A; A ZONING CHANGE FROM IHI TO C-4 SPECIFIC USE FOR A BILLBOARD ON AN UNPLATTED TRACT OF LAND OUT OF SECTION 9, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Hernandez, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00054 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Martin voted Nay. (46.) ORDINANCE 2003-00055-ZONE CASE NO. 2191-D (6410 19" Street) to continue request of Lamar Outdoor Advertising for a zoning change from Z-3 to C-4 Specific Use limited to a billboard and all unconditionally permitted C-3 uses to allow an existing off -premise sign on a portion of an unplatted tract of land out of Section 9, Block is. ORDINANCE NO.2003-00055 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2191-D; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE FOR A BILLBOARD ON AN UNPLATTED TRACT OF LAND OUT OF SECTION 9, BLOCK JS, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Hernandez, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00055 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Martin voted Nay. (47.) ORDINANCE 2003-00056-ZONE CASE NO. 2191-E (6410 19`h Street) to continue request of Lamar Outdoor Advertising for a zoning change from Z-3 to C-4 Specific Use limited to a billboard and all unconditionally permitted C-3 uses to allow an existing off -premise sign on a portion of an unplatted tract of land out of Section 9, Block is. ORDINANCE NO. 2003-00056 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2191-E; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE FOR A BILLBOARD ON AN UNPLATTED TRACT OF LAND OUT OF SECTION 9, BLOCK JS, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Hernandez, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00056 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Martin voted Nay. (48.) ORDINANCE 2003-00057-ZONE CASE NO. 2964 (5111 29" Drive) to continue request of Lamar Outdoor Advertising for a zoning change from Z-3 to C-4 Specific Use limited to a billboard and all unconditionally permitted C-3 uses to allow an existing off -premise sign on a portion of an unplatted 8.64 acre tract of land out of Section 17, Block B. 547 Regular City Council Meeting June 12, 2003 Page 548 ORDINANCE NO. 2003-00057 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2964; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE FOR A BILLBOARD ON AN UNPLATTED 8.64 ACRE TRACT OF LAND OUT OF SECTION 17, BLOCK B, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Hernandez, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00057 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Martin voted Nay. (49.) ORDINANCE 2003-00058-ZONE CASE NO. 2965 (3107 Clovis Road) to continue request of Lamar Outdoor Advertising for a zoning change from Z-3 to C-4 Specific Use limited to a billboard and all unconditionally permitted C-3 uses to allow an existing off -premise sign on Lot 25, Block 3. ORDINANCE NO.2003-00058 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2965; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE FOR A BILLBOARD AND ALL UNCONDITIONALLY PERMITTED C-3 USES ON LOT 25, BLOCK 3, RICELAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Hernandez, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00058 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Martin voted Nay. (50.) ORDINANCE 2003-00062 to approve the amended North Overton District Tax Increment Finance Reinvestment Zone Project Plan and Finance Plan as adopted by the Board of Directors of the North Overton Tax Increment Financing Reinvestment Zone. ORDINANCE NO. 2003-00062 AN ORDINANCE APPROVING THE AMENDED NORTH OVERTON DISTRICT TAX INCREMENT FINANCE REINVESTMENT ZONE PROJECT PLAN AND FINANCE PLAN AS ADOPTED BY THE BOARD OF DIRECTORS OF THE NORTH OVERTON TAX INCREMENT FINANCING REINVESTMENT ZONE. Motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass on second and final reading Ordinance No. 2003-00062 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Mayor McDougal and Council Member Hernandez recused themselves. (51.) ORDINANCE 2003-00063 Ordinance to amend Chapter 26, "Taxation" of the Lubbock Code of Ordinances, by adding "Article III. Tax Incentives for Historic Preservation" providing for partial property tax exemption for certain properties zoned Design -Historic and providing for a partial property tax exemption for restoration of historic structures. This item failed. Section 311. 011(e) of the Tax Increment Financing Act allows the board of directors of the zone to adopt an amendment to the project plan at any time. The amendment takes effect on approval of the Ordinance by the governing body. Since this amendment increases the amount of bonded indebtedness to be incurred and increases the total estimated project costs, a public hearing must be held. Approval of the ordinance must be after the public hearing. 548 Regular City Council Meeting June 12, 2003 Page 549 Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass on second and final reading Ordinance No. 2003-00063 as recommended by staff. Motion failed: 3 Yeas, 2 Nays. Council Members Boren and Martin voted Nay. Council Member Hernandez recused himself. ADMINISTRATIVE SERVICES Facilities Management (52.) Resolution No. 2003-RO233 authorizing the Mayor to execute a lease with James C Evans d/b/a Putt -Putt Golf & Games for property situated at 5110 29th Drive for customer parking. RESOLUTION NO.2003-RO233 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 Ground Lease Agreement between the City of Lubbock and James C. Evans, dba Putt -Putt Golf & Games, and related documents. Said Lease 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 12th day of June, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Reb cca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Harlan Stauffer, Facilities Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/ A copy of the Lease is filed with Resolution No. 2003-R0233. This lease provides for James C Evans d/b/a Putt -Putt to lease property at 5110 29`h Drive from the City of Lubbock for a period of five years. This Property has been leased to Putt -Putt of America since June 1988. The lease agreement stipulates that James C Evans d/b/a Putt -Putt will pay the City the sum of $125.00 per month for the term of the lease or until the section of the Marsha Sharp freeway in the immediate area is completed. Once freeway construction is finished the lease rate will be adjusted annually according to changes in the CPI. At the end of the lease in 2008, there is a provision for a five-year extension. Staff recommended approval of this resolution. Harlan Stauffer, Facilities Manager, gave staff comments. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2003-RO233 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 549 Regular City Council Meeting June 12, 2003 Page 550 Human Resources (53.) Resolution No. 2003-R to authorize the Mayor to execute Agreements by and between Palmer and Cay of Texas, LLC. and the City of Lubbock to provide Property/Casualty Insurance Broker and Consulting Services. This item was continued. The City of Lubbock entered into an agreement with Palmer and Cay of Texas, LLC on June 27, 2002. The agreement allowed for two additional one-year terms. If council approves this recommendation, this will be the second year of a potential three-year agreement. Insurance rates continue to rise and be in the spotlight. The City of Lubbock is paying in excess of $3,596,000 in insurance premiums in this current fiscal year. This amount represents an approximate 31 % increase from the $2,727,000 paid in fiscal year '02. With a 3 1 % increase, net savings to the City of Lubbock by entering into the broker agreement totaled $102,139. Continuing the agreement for a Property/Casualty Insurance Broker and Consulting Service allows the City to approach a broader insurance market, have more economies of scale and bundle or unbundled the products in the most desirable fashion and save continued money on commissions. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass this resolution as recommended by staff. Staff comments were given by the following: Quincy White, Assistant City Manager; Leisa Hutcheson, Risk Management Manager; and Victor Kilman, Purchasing Agent. Council Member Martin asked if staff thought better service was received from the out-of-town broker compared to a local company. Ms. Hutcheson said the same level of service was received. Council Member Martin also asked if money could be saved by using a local company. At this time, Council Members Morrison and Gilbreath withdrew their motions. Council requested that staff canvass the local insurance agents to see if they have the market capability to insure the City of Lubbock and would be interested in receiving a request for proposal. Motion was then made by Council Member Morrison, seconded by Council Member Gilbreath to continue this item until the June 19th City Council Meeting. Motion carried: 6 Yeas, 0 Nays. COMMUNITY SERVICES Health (54.) Resolution No. 2003-RO234 adopting the Food Establishment Assessment Tool to establish the food base risk factor in accordance with Section 12-28 of the Code of Ordinances of the City of Lubbock and all related documents. RESOLUTION NO.2003-RO234 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby adopt the Food Establishment Risk Assessment Tool to establish the food base risk factor in accordance with Section 12-28 of the Code of Ordinances of the City of Lubbock and all related documents. Said Food Establishment Risk Assessment Tool 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. 550 Regular City Council Meeting June 12, 2003 Page 551 Passed by the City Council this 12th day of June, 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 APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Food Establishment Risk Assessment Tool is filed with Resolution No. 2003-R0234. The Environmental Health Section of the Health Department is proposing that a risk -based evaluation, inspection and fee system for food establishments be adopted. Environmental Health is also requesting adoption of the manufacturing practice and warehouse practice food rules, be put into place. Each food facility will be charged a fee according to its risk category (please see attached sheets). The charges will reflect what it will cost to provide the in-depth analysis, education, inspection, and enforcement services to each facility. The higher the risk, the more time spent on these activities. Since the departments seven inspectors' current goal is to inspect each food establishment three to four times per year (and there are approximately 1,000 food establishments in Lubbock), a risk -based system would allow inspectors to increase efficiency by spending more time with high -risk facilities — those that have the greatest potential for food -borne illness outbreaks. The permit fee structure for food service establishments in Lubbock is currently based on seating, square footage, or flat fees, and has been so for a number of years. This structure is unfair and inequitable. In the late 1980's, NASA developed a food safety process for the space program that has become the national standard for food safety. The process is called HACCP, and stands for Hazard Analysis Critical Control Point. It is a system that analyzes the risk of any food program, and develops controls for prevention of critical limits that could lead to food -borne illness. It is a risk -based system. A risk -based system would better enable staff to focus on those areas that could potentially cause food -borne illness. (Food -borne illnesses cause approximately 76 million illnesses, 325,000 hospitalizations, and 5,000 deaths in the United States each year). In addition, increased public awareness of food -borne illnesses has brought the issue to the political forefront. The Lubbock Board of Health discussed this issue at three separate Board of Health meetings on September 13, 2002, February 14, 2003, and March 14, 2003. Board of Health recommendations were incorporated and the Board approved the risk -based assessment and fee concept on March 14, 2003 to be presented to the Council. Conversations with local restaurant owners indicate that most believe this is a fair system that makes sense from a food safety standpoint. The Lubbock Restaurant 551 Regular City Council Meeting June 12, 2003 Page 552 Association is not currently active and therefore staff could not obtain a statement from the Association but staff did share all information with at least 2 former Presidents of the Association as well as other restaurant owners. Additional documents and backup material provided to the Council include the risk -based fee structure for food service establishments, food establishment risk assessment tool, risk categories and inspection frequency, budgeted expenses for Environmental Health, cost distribution and projected revenue (risk -based), and cost distribution with projected revenue (processing). In order to begin the risk assessment process, a resolution and ordinance change is required. Staff recommended approval of this resolution. Bridget Faulkenberry, Environmental Health Manager, gave a presentation proposing a risk based evaluation inspection, instituting the TDH Good Manufacturing and Warehouse practices and a fee system for food establishments. Motion was made by Council Member Hernandez, seconded by Council Member Boren to pass Resolution No. 2003-RO234 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (55.) Ordinance No. 2003-00065 amending Chapter 12 of the Code of Ordinances of the City of Lubbock, Texas, with regard to definitions; adoption of manufacturing practice and warehouse practice food rules; inspections; issuance of permits and fees; providing a savings clause; providing a penalty; and providing for publication. ORDINANCE NO. 2003-00065 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DEFINTIONS; ADOPTION OF MANUFACTURING PRACTICE AND WAREHOUSE PRACTICE FOOD RULES; INSPECTIONS; ISSUANCE OF PERMITS AND FEES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Environmental Health Section of the Health Department is proposing that a risk -based evaluation, inspection and fee system for food establishments be adopted. Environmental Health is also requesting adoption of the manufacturing practice and warehouse practice food rules, be put into place. Section 1 of the ordinance amends definitions for city health officer, tight- fitting, and food establishment. Section 2 adopts the manufacturing practice and warehouse practice food rules of the Texas Department of Health. Section 3 amends Section 12-28 dealing with inspections and use of the food risk base factor for the food establishments and sets new fees for food service permits and food processing permits. Section 4 provides for a penalty with a fine not to exceed $1,000. Section 5 provides for a savings clause. Section 6 provides for publication. Each food facility will be charged a fee according to its risk category (please see attached sheets). The charges will reflect what it will cost to provide the in-depth analysis, education, inspection, and enforcement services to each facility. The higher the risk, the more time spent on these activities. Since the departments seven inspectors' current goal is to inspect each food establishment three to four times per year (and there are approximately 1,000 food establishments in Lubbock), a risk -based system would allow inspectors to increase efficiency by spending more time with high -risk facilities — those that have the greatest potential for food -borne illness outbreaks. The permit fee structure for food service establishments in Lubbock is currently based on seating, square footage, or flat fees, and has been so for a number of years. This structure is unfair and inequitable. In the late 552 Regular City Council Meeting June � 2, 2003 Page,553 1980's, NASA developed a food safety process for the space program that has become the national standard for food safety. The process is called HACCP, and stands for Hazard Analysis Critical Control Point. It is a system that analyzes the risk of any food program, and develops controls for prevention of critical limits that could lead to food -borne illness. It is a risk -based system. A risk -based system would better enable staff to focus on those areas that could potentially cause food -borne illness. (Food - borne illnesses cause approximately 76 million illnesses, 325,000 hospitalizations, and 5,000 deaths in the United States each year). In addition, increased public awareness of food -borne illnesses has brought the issue to the political forefront. The Lubbock Board of Health discussed this issue at three separate Board of Health meetings on September 13, 2002, February 14, 2003, and March 14, 2003. Board of Health recommendations were incorporated and the Board approved the risk -based assessment and fee concept on March 14, 2003 to be presented to the Council. Conversations with local restaurant owners indicate that most believe this is a fair system that makes sense from a food safety standpoint. The Lubbock Restaurant Association is not currently active and therefore staff could not obtain a statement from the Association but staff did share all information with at least 2 former Presidents of the Association as well as other restaurant owners. Additional documents and backup material provided to the Council included the risk -based fee structure for food service establishments, food establishment risk assessment tool, risk categories and inspection frequency, budgeted expenses for Environmental Health, cost distribution and projected revenue (risk -based), and cost distribution with projected revenue (processing). In order to begin the risk assessment process, a resolution and ordinance change is required. Staff recommended approval of this ordinance. Bridget Faulkenberry, Environmental Health Manager, gave a presentation proposing a risk based evaluation inspection, instituting the TDH Good Manufacturing and Warehouse practices and a fee system for food establishments. Motion was made by Council Member Hernandez, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00065 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Parks and Recreation (56.) DELETED ITEM (57.) Resolution No. 2003-RO235 authorizing the Mayor to execute an Estoppel Agreement Certificate and associated documents between the City of Lubbock, Fore Star Golf, Inc., and the General Electric Corporation. RESOLUTION NO.2003-RO235 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 an Estoppel Agreement Certificate and Agreement and any associated documents between the City of Lubbock, Fore Star Golf, Inc., General Electric Capital Corporation, a copy of which Agreement 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. 553 Regular City Council Meeting June 12, 2003 Page 554 Passed by the City Council this 12th day of June, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Rand (Truesdell Randy Truesdell, Parks and Recreation Manager 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-R0235. On October 13, 1994, the City Council approved a Management Agreement with Fore Star Golf, Inc. to manage the golf facilities at Meadowbrook Golf Course. On March 11, 1999, an Estoppel Agreement between the City of Lubbock, Fore Star Golf and Nations Credit Commercial Corporation was approved. The Estoppel Certificate and Agreement permitted Fore Star Golf to make a collateral assignment of the Management Agreement to Nations Credit in order to secure financing. The purpose of the Estoppel Certificate, a copy of which was provided in council backup, is to allow Fore Star Golf to pledge its rights under the Management Agreement to General Electric Capital Corporation (GE) as collateral on a loan. The Estoppel Certificate also gives certain rights to GE as the lender in the event that Fore Star Golf defaults either the Management Agreement with the City or the loan agreement with GE. The attached Estoppel Certificate and Collateral Assignment are in substantially the same form as the Certificate and Assignment that was approved in 1999 authorizing the pledge of the Management Agreement to Nations Credit. The proceeds of the GE loan will be used to pay off the existing Nations Credit loan. Staff recommended approval of the Estoppel Agreement Certificate and associated documents between the City of Lubbock, Fore Star Golf and the General Electric Corporation. Steve Yonke, President of Fore Star Golf, Inc., gave comments. Motion was made by Council Member Morrison, seconded by Council Member Hernandez to pass Resolution No. 2003-RO235 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. DEVELOPMENT SERVICES Right -of -Way (58.) Ordinance No. 2003-00018 abandoning and closing a 20-foot alley located in Block 132, Overton Addition and a portion of 5th Street between University Avenue and Avenue X in the Overton Addition to the (501 University). 554 Regular City Council Meeting June 12, 2003 Page 555 ORDINANCE NO.2003-00018 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20 FOOT ALLEY LOCATED IN BLOCK 132, OVERTON ADDITION AND A PORTION OF 5TH STREET BETWEEN AVENUE X AND UNIVERSITY AVENUE IN THE OVERTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance closing an alley and the street portion of 5"' Street in the Overton Addition was read for the first time as a regular agenda item at the February 13, 2003 City Council meeting. The Right -of -Way Department recommended approval of second reading of this ordinance. Ed Bucy, Right -of -Way Agent, gave staff comments. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass on second and final reading Ordinance No. 2003-00018 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. Planning (59.) Resolution No. 2003-R to set a Public Hearing regarding the advisability of the creation of a Public Improvement District for North Overton. This item died for lack of a second. Property owners in North Overton have petitioned to form a Public Improvement District (PID). A PID is a defined assessment area providing specific types of public improvements or maintenance of a given area. One of the statutory requirements for the City Council is to hold a Public Hearing regarding the advisability of creating the District. This proposed item authorizes the Council to hold the Public Hearing on July 10, 2003. The proposed PID generally covers the same boundary as the Tax Increment Financing District. The state law requires petitioners to meet certain requirements. The petition is sufficient if signed by: 1) owners of taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district where the property is located; and record owners of real property liable for assessment under the proposal who either constitute more than 50% of all record owners of property or own taxable real property that constitutes more than 50% of the area in the proposed District. Property owners, who have signed petitions, represent 64.12% of the total market value of the proposed PID area. In addition, the petitioners represent 62.5% of the total square footage of the area. The City Secretary has validated the petitioners as per statute requirements and a copy of the validation statement is attached. In addition, attached in council backup was the packet that was given to each potential petitioner. Included in the packet was a copy of the petition, a brief description of the PID services and assessments, and a copy of the District map. Staff recommended approval of this resolution. Craig Farmer, Managing Director of Planning & Transportation, gave staff comments. Motion was made by Council Member Gilbreath. Motion died for lack of a second. 555 Regular City Council Meeting June 12, 2003 Page 556 Mayor McDougal and Council Member Hernandez recused themselves. Business and Neighborhood Development (60.) Resolution No. 2003-R authorizing the execution for and on behalf of the City of Lubbock approval of an Agreement between the North Overton Tax Increment Financing Reinvestment Zone of Lubbock, Texas and the Lubbock Central Appraisal District to provide all the services necessary for the collection and deposit of the Tax Increment Fund. This item was deleted. (61.) Resolution No. 2003-RO232 recommending that State Legislators pass a law mandating an adjustment of local property tax rates to offset property valuation increases in a given year so that each budget year begins at the same dollar amount as the year before. This item was considered following Item 44. RESOLUTION NO. 2003-RO232 TRUTH IN TAXATION (NO TAXATION ON RE -VALUATIONS!) WHEREAS, the City Council deems it in the best interest of the citizens of the City of Lubbock to inform our elected representatives in Austin that state law should be amended so that increased property assessments by tax appraisal districts do not result in a de facto automatic "tax increase" for local governments even though the actual "tax rate" imposed by the local governing body has not been increased by a vote of the governing body or by the citizens; and WHEREAS, local governments that receive ad valorem (property) taxes should start their budget process each year at the same dollar amount of funding as the previous year (increased appraisals should be offset by a reduced tax rate to achieve an "effective tax rate" that provides the same dollar amount as was received by the local government the prior year); and WHEREAS, such a provision will require the local governing body to actually vote to raise or lower taxes without receiving a "hidden" tax increase as a result of increased appraisal values, which will allow the citizens who pay property taxes to be better informed as to whether additional funds are truly necessary for the local government to operate; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the elected State Representatives of the City of Lubbock and the State Senator for the City of Lubbock be informed that the City Council of the City of Lubbock desires an amendment to state law that will require local governments to begin each budget year at the same dollar amount of ad valorem (property) tax proceeds as the prior year, which can be achieved by requiring increases in the assessment of existing properties to be offset by a comparable reduction in tax rate. Thereafter, the decision to increase or decrease the tax rate shall be based on actual needs, such as requests for funding, unfunded state and federal mandates, etc., and the citizens shall be better informed as to whether additional funds are truly needed for the operation of the local government. SECTION 2. The City Manager is hereby authorized and directed to cause a copy of this Resolution to be provided to each of Lubbock's State Representatives and State Senator upon final passage of this Resolution. 556 Regular City Council Meeting June 12, 2003 Page 557 Passed by the City Council this 12th day of June, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: I /s/ Rebecca Garza Rebecca Garza, City Secretary Motion was made by Council Member Boren, seconded by Council Member Martin to pass Resolution No. 2003-RO232 as recommended by staff. Motion carried: 4 Yeas, 2 Nays. Council Members Hernandez and Morrison voted Nay. The next item considered was Item 45. 3:34 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present except Council Member Patterson. 5:45 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison, Tommy Gonzales, Interim City Manager; Don Vandiver, First Assistant City Attorney; and Rebecca Garza, City Secretary Absent: Council Members Boren and Patterson (62.) Consider five appointments to Audit Committee. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to appoint Dan Benson, Jim Brunjes, R.J. Givens, Van May and Kim Turner to the Audit Committee. Motion carried: 5 Yeas, 0 Nays. ( 63r) Consider seven appointments to the City Manager Search Committee. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to appoint Calvin Jackson -Davis, Ted Parker, Keith Mann, Dr. Allen T. McInnes, Kevin McMahon, Dan Pope, and Esther Sepeda to the City Manager Search Committee. Motion carried: 5 Yeas, 0 Nays. (64). Consider seven appointments to the Sub -committee for City Manager Search Committee. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to appoint James Fergerson — Public Works, Armando Garcia — At -Large, Xavier Garcia — At -Large, Steve Holland — Fire Department, Shirley Milner — LP&L, Rene Pearis-Coleman — At -Large and Ronnie Sowell — Police Department to the Sub -committee for City Manager Search Committee. Motion carried: 5 Yeas, 0 Nays. (65.) Consider seven appointments to the Community Relations Task Force. This item was deleted. (66.) Consider eleven appointments to the Ordinance Review Committee. Seven appointments were made. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to appoint Ken Corbin, Regji Davis, Bernie Gradel, James Mahon, Cathy Mottet, Mikel Ward and Maggie Trejo to the Ordinance Review Committee. Motion carried: 5 Yeas, 0 Nays. 557 Regular City Council Meeting June 12, 2003 Page 558 (67•) Consider eleven appointments to the Policy Review Committee. Eight appointments were made. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to appoint Dr. Jane Burns, Louise Cummins, Ysidro Gutierrez, Margaret Ingraham, Maurice Jones, Wilma Pope, George Scott, and Frank Treadway to the Policy Review Committee. Motion carried: 5 Yeas, 0 Nays. (68.) Consider seven appointments to Youth Commission - Adults Committee. This item was deleted. (69.) Presentation on existing Commercial and Industrial tax abatement guidelines. This item was deleted. (70.) Presentation to the Mayor and City Council on Public Improvement Districts. This item was deleted. PUBLIC HEARINGS 5:45 P. M. Community Development (71.) Hold a Public Hearing for consideration and approval of the Community Development Service Board recommendations for the funding of programs of the FY2003-2004 Community Development Block Grant (CDBG), Home Investment Partnership (HOME), and Emergency Shelter Grant (ESG) funds. Mayor McDougal opened the public hearing at 5:45 p.m. Joe Martinez, West End Neighborhood, Gilbert A. Flores, Lubbock Hispanic Chamber of Commerce, Ysabel Luna, East Development Corporation, Harry Stokley, Lubbock Housing Finance Corporation, Dela Esqueda, Lubbock Hispanic Chamber of Commerce and Dee Dee Adkins, Arnett Elementary/WTOS appeared in favor of this matter. No one appeared in opposition. Mayor McDougal closed the hearing at 6: 47 p. m. At this time, Council Member Hernandez recognized Olivia Solis, Director of Maggie Trejo Super Center. He then read into the record an e-mail from Ms. Solis regarding youth programs. Ms. Solis introduced Randy Truesdell, Parks and Recreation Director and Johnny McLellan, Parks and Recreation Supervisor. Council Member Hernandez then stated he would be recommending that there be two reallocations: 1) from $24,750 recommended to be allocated to the Cotton Kings for a youth program, that $21,250 of that go into the City of Lubbock's Parks Youth Program and $3,500 go to the Lubbock Hispanic Chamber making the Lubbock Hispanic total go to $20,000. In addition to that $21,250 going into the youth program, he also recommended that the $31,979 allocated to Lubbock MHMR for youth be allocated to the City of Lubbock's Parks Youth Program, making that total $83,229. Mayor McDougal introduced Frank Gutierrez, Chairman of the Community Development Advisory Committee, who in turn recognized members of the Committee. Mayor McDougal asked about the 108 Loan program and COL Housing Recon and Housing Rehab recommendations. He stated that he thought funds were left over in Recon Housing and if so, why not use those. Todd Steelman, Interim Community Development Director, Phyllis Brown, Field Services Coordinator, gave comments referencing COL Housing Recon and Housing Rehab. Ms. Brown stated that the money Mayor McDougal referred to was already obligated. She stated that it usually took eighteen months to two years to spend the funds. 558 Regular City Council Meeting June 12, 2003 Page 559 7:05 P. M. COUNCIL RECESSED 7:20 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers The U.S. Department of Housing and Urban Development informed the City of Lubbock that the City was eligible to receive a Fiscal Year 2003 consolidated formula allocation of $4,716,164 to allocate this year. This year, the city received over 90 applications for CDBG, HOME and ESG funds with requested amounts totaling over $9,238,4085 Lubbock citizens participated in this year's funding process through neighborhood associations, community and business organizations, direct participation and the Community Development and Services Board (CDSB). In making the recommendation, the Community Development and Service Board kept in mind the goals of the City Council, the consolidated plan priorities, and the identified needs of the neighborhoods. The recommendation of the CDSB for spending federal dollars has been published since May 24, 2003. This Public Hearing allowed citizens to directly participate by addressing the City Council with comments. The recommendation from Community Development is the following: 2003-2004 PROPOSED USE OF COMMUNITY DEVELOPMENT RESOURCES BY GRANT Agency Project Amount Recommended Community Development Block Grant Adult Day Activity & Health Sr. & disabled project Center $0 African American Chamber Business Incubator $10,500 Big Brothers Big Sister School mentoring $0 Bridge of Lubbock Comm. Kitchen $0 Bridge of Lubbock Evening Meal $0 Buckner Children Education $0 Catholic Family Services Self-sufficiency $15,750 Children's Advocacy Counseling $7,000 Children's Home Family Asst. $10,000 Christian Women's Job Childcare $20,000 Corps Christian Women's Job Self-sufficiency $9,415 Corps COL Fire Dept Smoke detectors $8,000 COL Health Education $2,500 COL Library Computer training $0 COL Parks Computer training $13,300 COL Parks Summer Youth $30,000 program 559 Regular City Council Meeting June 12, 2003 Page 560 Coalition of Community Tax education. & $0 Asst. Vol. Assistance Community in Schools Youth program $15,750 Cotton Kings Youth program $24,750 Early Learning Centers Childcare $14,000 Full Armor Ministries Mentoring $15,400 Hodges Elem. After school care $0 Jackson Elem. After school care $0 Life/Run Center Disabled Service $0 Lubbock Boys & Girls Club Youth program $6,825 Lubbock Boys & Girls Club Youth program $15,000 Lubbock Hispanic Chamber Business Assistance $16,500 Lubbock Housing Finance Financial Counseling $0 Lubbock Literacy Coalition Education $2,100 Lubbock MHMR Youth $31,979 Lutheran Social Services Utility Assistance $0 March of Dimes Prenatal education $5,950 My Father's House Self-sufficiency $0 100 Black Men Youth program $12,400 Prevent Blindness Health screen $14,486 Raiders Rojos Youth education $0 Sam Arnett Elem. After -school care $25,000 S.P.A.R.0 Health Assistance $5,500 TTU Nursing Sr. care $0 Vandelia Church Utility/Rent $0 Assistance Wheatley Elem. After school care $0 Windmill N. A. Youth program $0 Windmill N. A. Senior computers $12,850 Windmill N. A Computer training $0 WorkSource Childcare $37,620 Youth Corps Computer training $0 YWCA Disabled Service $25,000 560 Regular City Council Meeting June 12, 2003 Page 561 YWCA YWCA YWCA Broadway Festivals COL Community Development COL Community Development COL Community Development COL Community Development COL Community Development COL Community Development COL Community Development COL Community Development COL Community Development COL Community Development COL Parks COL Parks Dunbar Manhattan East Lubbock Dev Corp Fiestas del Llano Fiestas del Llano Lubbock Housing Fin. Community Development Community Development Community Development Total CDBG Disabled Comp. $3,825 Training Childcare $14,000 Sr. Program $2,700 Facility renovation $50,000 Housing Barrier free $175,000 Housing Emergency $200,000 repair Land Disposition $0 Micro -Loan Program $75,000 Housing 108 **$250,000 Housing HEEELP $175,000 Housing rehab $300,000 Sidewalks $0 Demolition $0 Street paving $100,000 Gym $0 Water Playground $167,251 Public Art $0 Retail Center $0 Facility renovation $75,000 Public Art $0 Gap financing $0 Housing Delivery $546,532 Indirect Costs $80,100 CDBG $499,017 Administration $3,121,000 561 Regular City Council Meeting June 12, 2003 Page 562 HOME Investment Partnership Program COL Community Housing $538,898 Development reconstruction COL Community New construction. $400,000 Development COL Community Safe room $35,000 Development CHRB Operations $50,000 CHRB New construction. $100,000 CHRB Lease Purchase $174,750 WTCIC Operations $10,000 WTCIC Interim construction. $45,000 Community Development HOME $131,516 Administration Total HOME $1,485,164 Emergency Shelter Grant Alcoholic Recovery Operations $8,500 Ask House Operations $10,000 Lubbock Interfaith Hospital Renovation $0 Lubbock Interfaith Hospital Operations $10,000 MHMR Renovation $0 Salvation Army Essential Services $16,500 Salvation Army Homeless Prevention $16,500 Salvation Army Operations $10,000 Vandelia Church Homeless Prevention $16,500 WPS Essential Services $16,500 Community Development ESG Administration $5,500 Total ESG $110,000 Total all funds $4,716,164 **$250,000 The need for these funds will be determined when the City Council decides whether or not to proceed with the Section 108 Loan process. If the City Council decides not to proceed, the Community Development Services Board proposes the following changes in the breakdown for the CDBG funds. All other recommendations will remain the same. 562 Regular City Council Meeting June 12, 2003 Page 563 COL -Community Development COL -Community Development COL -Community Development COL -Community Development COL -Community Development COL -Community Development Land Disposition $10,000 Housing Section 108 $0 Housing HEEELP $200,000 Housing $400,000 Rehabilitation Sidewalks $90,000 Demolition $25,000 Staff recommended that the City Council accept the Community Development Services Board's funding recommendations for the FY 2003-2004. Motion was made by Council Member Hernandez, seconded by Council Member Martin to approve Items 72, 74-81, 83-129, 131-134 as recommended by Community Development Services Board for the FY 2003-2004 with the following exclusions: 1) Of the $167,251 allocated to City of Lubbock Parks for Water Playground, allocate only $67,251, specifically for handicap lift. (See Item 110). Reallocate $100,000 to the City of Lubbock Community Development Street Paving making a total of $200,000. (See Item 109). 2) Of the $25,000 allocated to Sam Arnett Elementary, reallocate as follows: $12,600 to Lubbock Hispanic Chamber making a total of $29,100. (See Item 88.) $12,400 to City of Lubbock Parks Youth Program. (See Item 81). Sam Arnett Elementary is left with a —0- balance allocation. (See Item 94). 3) Of the $31,979 allocated to Lubbock MHMR, reallocate the total amount to the City of Lubbock Parks Youth Program. Lubbock MHMR is left with a —0- balance allocation. (See Item 90). Final total for City of Lubbock Parks Youth Program is $74,379. (See Item 81). Motion carried: 5 Yeas, 0 Nays. (72.) Consider approval of the proposal for the African American Chamber Business Incubator program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. The next item considered was Item 74. (73.) Consider approval of the proposal for the Catholic Family Services Self-sufficiency program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. 563 Regular City Council Meeting June 12, 2003 Page 564 This item was considered following Item 134. Motion was made by Council Member Martin seconded by Council Member Morrison to approve the proposal for the Catholic Family Services Self-sufficiency program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Council Member Hernandez recused himself. The next item considered was Item 130.\ (74.) Consider approval of the proposal for the Children's Advocacy Center Counseling program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. This item was considered following Item 72. (75.) Consider approval of the proposal for the Children's Home Family Assistance program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (76.) Consider approval of the proposal for the Christian Women's Job Corp Childcare program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (77.) Consider approval of the proposal for the Christian Women's Job Corp Self-sufficiency program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (78.) Consider approval of the proposal for the COL -Fire Department Smoke detectors program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (79.) Consider approval of the proposal for the COL- Health Department program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (80.) Consider approval of the proposal for the COL- Parks Computer training program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (81.) Consider approval of the proposal for the COL- Parks Youth program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. Total allocated to COL -Parks Youth Program was $74,379, of which $12,400 was reallocated from Item 94 - Sam Arnett Elementary and $31,979 was reallocated from Item 90 - Lubbock MHMR. See Items 71.2) and 71.3). The next item considered was Item 83. (82.) Consider approval of the proposal for the Community in Schools Youth program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. This item was considered following Item 130. 564 Regular City Council Meeting June 12, 2003 Page 565 Motion was made by Council Member Martin, seconded by Council Member Morrison to approve the proposal for the Community in Schools Youth program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Mayor McDougal recused himself. 7:30 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor McDougal adjourned the meeting. (83.) Consider approval of the proposal for the Cotton Kings Youth program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. This item was considered following Item 81. Council Member Boren recused himself. (84.) Consider approval of the proposal for the Early Learning Centers Childcare program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (85.) Consider approval of the proposal for the Full Armor Ministries Mentoring program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (86.) Consider approval of the proposal for the Lubbock Boys & Girls Clubs Youth Job Ready program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (87.) Consider approval of the proposal for the Lubbock Boys & Girls Clubs Youth program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (88.) Consider approval of the proposal for the Lubbock Hispanic Chamber Business Assistance program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. Total allocated to Lubbock Hispanic Chamber was $29,100, of which $12,600 was reallocated from Item 94 - Sam Arnett Elementary. (See Item 71.2). (89.) Consider approval of the proposal for the Lubbock Literacy Coalition Education program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (90.) Consider approval of the proposal for the Lubbock MHMR Youth program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. This item was not approved. $31,979 was reallocated to the City of Lubbock Parks Youth Program. (See Item 71.1). (91.) Consider approval of the proposal for the March of Dimes Prenatal Education program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. 565 Regular City Council Meeting June 12, 2003 Page 566 (92.) Consider approval of the proposal for the 100 Black Men Youth program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (93.) Consider approval of the proposal for the Prevent Blindness Health Screening program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (94.) Consider approval of the proposal for the Sam Arnett Elementary After -school care program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. Of the $25,000 recommended for this item, $12,600 was reallocated to Item 88 - Lubbock Hispanic Chamber and $12,400 was reallocated to Item 81 - COL Parks Youth Program. See Item 71.2). This left a —0- balance for this item. This item was not approved. (95.) Consider approval of the proposal for the S.P.A.R.C. Health assistance program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (96.) Consider approval of the proposal for the Windmill N.A. Computer Training program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (97.) Consider approval of the proposal for the WorkSource Childcare program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (98.) Consider approval of the proposal for the YWCA Disabled Services program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (99.) Consider approval of the proposal for the YWCA Disabled Computer Training program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (100.) Consider approval of the proposal for the YWCA Childcare program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (101.) Consider approval of the proposal for the YWCA Senior program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (102.) Consider approval of the proposal for the Broadway Festivals Facility renovation program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (103.) Consider approval of the proposal for the COL- Community Development Barrier Free program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. 566 Regular City Council Meeting June 12, 2003 Page 567 (104.) Consider approval of the proposal for the COL- Community Development Emergency Repair program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (105.) Consider approval of the proposal for the COL- Community all related Development Micro -Enterprise Loan program and U.S. Department of Housing and Urban documents to the Development under the Community Development Block Grant (CDBG) Program. (106.) Consider approval of the proposal for the COL- Community 108 and all related documents Development Housing Section program to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (107.) Consider approval of the proposal for the COL- Community Development Housing HEEELP program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (108.) Consider approval of the proposal for the COL -Community Development Housing Rehabilitation program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (109.) Consider approval of the proposal for the COL -Community Development Street Paving program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. Total allocated to the COL -Community Development Street Paving program was $200,000, of which $100,000 was reallocated from Item 110 - COL -Parks Water Playground program. (110.) Consider approval of the proposal for the COL -Parks Water Playground program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. This item was allocated only $67,251, specifically for handicap lift. The other $100,000 was reallocated to Item 109 — COL -Community Development Street Paving. See Item 71.1). (111.) Consider approval of the proposal for the Fiestas del Llano Facility Renovation program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (112.) Consider approval of the proposal for the City of Lubbock CD Housing Delivery program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (113.) Consider approval of the proposal for the City of Lubbock -CD Indirect Costs program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (114.) Consider approval of the proposal for the City of Lubbock CDBG Administration program and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. (115.) Consider approval of the proposal for the COL -CD Housing Reconstruction program and all related documents to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. 567 Regular City Council Meeting June 12, 2003 Page 568 (116.) Consider approval of the proposal for the COL -CD New Construction Program and all related documents to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. Consider approval of the proposal for the COL -CD Safe Room construction program and all related documents to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. (118.) Consider approval of the proposal for the Community Housing Resource Board Operations program and all related documents to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. (119.) Consider approval of the proposal for the Community Housing Resource Board Lease -Purchase program and all related documents to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. (120.) Consider approval of the proposal for the Community Housing Resource Board New construction program and all related documents to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. Consider approval of the proposal for the West Texas Community Impact Corp Operations program and all related documents to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. (122.) Consider approval of the proposal for the West Texas Community Impact Corp Interim construction financing program and all related documents to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. (123.) Consider approval of the proposal for the City of Lubbock CD HOME Administration program and all related documents to the U.S. Department of Housing and Urban Development under the Home Investment Partnerships (HOME) Program. (124.) Consider approval of the proposal for the Alcohol Recovery Center - Operations program and all related documents to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. (125.) Consider approval of the proposal for the ASK House Operations program and all related documents to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. (126.) Consider approval of the proposal for the Lubbock Interfaith Hospitality Network Operations program and all related documents to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. (127.) Consider approval of the proposal for the Salvation Army Essential Services program and all related documents to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. (128.) Consider approval of the proposal for the Salvation Army Homeless Prevention program and all related documents to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. 568 Regular City Council Meeting June 12, 2003 Page 569 (129.) Consider approval of the proposal for the Salvation Army Operations program and all related documents to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. The next item considered was Item 131. (130.) Consider approval of the proposal for the Vandelia Church Homeless Prevention program and all related documents to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. This item was considered following Item 73. Motion was made by Council Member Hernandez, seconded by Council Member Martin to approve the proposal for the Vandelia Church Homeless Prevention program and all related documents to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Council Member Morrison recused himself. The next item considered was Item 82. (131.) Consider approval of the proposal for the Women's Protective Services Essential Services program and all related documents to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. This item was considered following Item 129. (132.) Consider approval of the proposal for the CD ESG Administration program and all related documents to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant (ESG) Program. (133.) Resolution No. 2003-RO236 to hereby approve the changes to the Community Development Services Board 2003-2004 funding recommendations as listed in Exhibit "A". RESOLUTION NO. 2003-RO236 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby approve the changes to the Community Development Service Board 2003-2004 funding recommendations as listed in Exhibit "A". Said Exhibit 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. 569 Regular City Council Meeting June 12, 2003 Page 570 Passed by the City Council this 12th day of June, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Todd Steelman Todd Steelman Interim Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims Assistant City Attorney A copy of the Exhibit is filed with Resolution No. 2003-R0236. (134.) Resolution No. 2003-RO237 authorizing the Mayor to sign all related documents for the 2003-2004 CDBG, HOME, and ESG funding. The next item considered was Item 73. RESOLUTION NO. 2003-RO237 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, all related documents for the 2003-2004 CDBG, HOME, and ESG funding. Said documents are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of June, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Todd Steelman Todd Steelman Interim Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims Assistant City Attorney 570 Regular City Council Meeting June 12, 2003 Page 571 A cofy of the documents is filed with Resolution No. 2003-R0237. Read and approved this i I � day of t Vo,r 2005. ARC OU AL, MAYOR ATTEST: Rebecca Garza, City Secretary 571