Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 9/4/2003CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2003 1:00 P. M. The City Council of the City of Lubbock, Texas met in regular session on the 4th day of September, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 1:00 P. M. 1:05 P. 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, Council Member Frank W. Morrison, Council Member T.J. Patterson Absent: No one. CITIZEN COMMENTS No one expressed comments to the Council. ( 1.) Steve Orsak and others were posted to discuss BID #067-03/RS for Lou Stubbs Ball Field and Skate Park Lighting Materials. No one was present. 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 competitive matters of the public power utility, pending or contemplated litigation, personnel, the purchase, exchange, lease, or value of real property, 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." 1:07 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. (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; 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. (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Atmos Energy Rate Increase Request; Information Technology; Management Services; Water Utilities). ( 3A.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Secretary). (4.) 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: Regular City Council Meeting September 4, 2003 Page 230 Keep Lubbock Beautiful Advisory Committee Lubbock Water Advisory Commission Youth Commission - Students (5.) 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 (Overton Park Right -of -Way). (6.) 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). 2:42 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tern Victor Hernandez, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member T. J. Patterson; Tommy Gonzales, Interim City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Council Members Boren and Morrison Mayor McDougal called the meeting to order at 2:42 P. M. (7.) Invocation by Council Member T. J. Patterson. (8.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. Council Member Morrison arrived at the dais. CITIZENS APPEARANCES (9.) Murray Hensley, President of Civic Lubbock, Inc., presented the 2003/2004 Civic Lubbock, Inc. budget for information. The agreement between the City of Lubbock and Civic Lubbock, Inc. provides that Civic Lubbock, Inc. prepare and present to the City Council a budget for the upcoming year. This budget was not presented for City Council approval, but rather for information and comment. Per the written agreement, Civic Lubbock, Inc. pays a commission to the City on their gross concession sales. In addition, Civic Lubbock, Inc. reimburses the City for certain full-time salaries associated with the concession and box office operations. On July 24, 2003, an amendment to the agreement was approved by City Council, which reduced the concessions commissions and salary reimbursements for the 2003/2004 fiscal year only. This allowed Civic Lubbock, Inc. to expand their sponsorship programs and their ticketing operation for 2003/2004. Those expense reductions are reflected in the Civic Lubbock, Inc. budget. Net revenues from the concession and ticketing operation are estimated to be $429,393. Net revenues will go toward their chartered purpose and include funding for their local grant program and special events, sponsorship of the Good Kids Program and Recreational Skating programs, as well as hosting the Walk of Fame and Terrace Inductions. With the increase in the sponsorship of the hockey programs, the amount budgeted for all of these combined activities is estimated to be $328,315. In addition, Select -a -Seat is expanding their ticketing operation to include the addition of 19 local and regional ticket outlets and the selling of Texas Tech individual athletic tickets. This required a major financial commitment by Civic Lubbock, Inc. and profits will be used to offset the payments on the promissory note on the project. The Donation to TTU line item is part of the overall Select -a -Seat expansion and refers to the equipment and software upgrade associated with Select -a -Seat and its outlets selling Texas Tech athletic tickets. The Civic Lubbock, Inc. Board is in the process of completing a Strategic Plan for the organization. One of the goals that has been identified is the development and funding of a project to add to the Centennial Celebration 230 Regular City Council Meeting September 4, 2003 Page 231 in 2009. Profits generated from their operation will be put aside for that project, as well as future public art projects in the Community. Civic Lubbock, Inc. fulfills its chartered purpose by returning all profits to the community through the promotion or co -promotion of educational, cultural and entertainment programs and activities in the Civic Center, Auditorium, Coliseum, and Civic Center District. They have made significant investments in public art and through a strategic planning process are developing ideas for future projects. The Civic Lubbock, Inc. 2003/2004 budget was provided in Council backup for their information and comment. Murray Hensley, President of Civic Lubbock, Inc. gave comments concerning the budget. Mayor McDougal recognized Gertie Jeter, a Civic Lubbock, Inc. board member and Vicki Key, Civic Center Services Director, who were present. CONSENT AGENDA (Items No. 11-26) Motion was made by Council Member Hernandez, seconded by Council Member Patterson to approve Items 10, 11, 13, 16-18, 19A-26 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. (10.) Approval of Minutes: No Minutes for Approval (11.) ORDINANCE #2003-00091--(6402 22nd Street): Request of Mike Elliott for a zone change from C-4 to A-1 on the east 501 feet of Tract A-6, Milwaukee Place Addition (second and final reading). The next item considered was Item 13. ORDINANCE NO. 2003-00091 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2406-D; A ZONING CHANGE FROM C-4 TO A-1 ZONING ON THE EAST 501 FEET OF TRACT A-6, MILWAUKEE PLACE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (12.) ORDINANCE #2003-00097--�4002 North I-27): Request of Shawn Fuller for D & S Mobile Home Center, Inc. for a zoning change from R-1 to IHC Specific Use and IHI Specific Use for manufactured home sales, storage, and remanufacturing on Block 5, Edsall Acres Addition (second and final reading). This item was deleted. (13.) ORDINANCE #2003-00092--(3107 Clovis Road): Request of Dulan D. Elder for Lloyd and Cleo Hendrix for a zoning change from C-3 to C-4 for a motel on Lot 25, Block 3, Riceland Addition (second and final reading). This item was considered following Item 11. ORDINANCE NO. 2003-00092 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; A ZONING CHANGE FROM C-3 TO C-4 ZONING LIMITED TO A MOTEL AND ALL 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. The next item considered was Item 16. 231 Regular City Council Meeting September 4, 2003 Page 232 (14.) ORDINANCE #2003-0—{5133 80th Street): Request of Nextel Partners for West Texas Lubes for a zoning change from C-3 to C-3 Specific Use for a 150-foot telecommunications tower on a 35-foot by 70-foot site on Lots F-4 through F6, Woodland Park Addition (second and final reading). This item was deleted. (15.) ORDINANCE #2003-0—(3207 50th Street): Request of Nextel Partners for Intercontinental Properties, Inc. for a zoning change from C-3 to C-3 Specific Use for a 150-foot tall telecommunications tower on a 40-foot by 60-foot site on Tract G, Monterey Center Addition (second and final reading). This item was deleted. (16.) ORDINANCE #2003-00093--(6409 Indiana Avenue): Request of Scott Stofel for Dot Com Coffee for a zoning change from C-2 to C-4 limited to a drive-in restaurant and all permitted C-2 Uses on a portion of the southwest corner of Tract I, Live Oak Addition (second and final reading). This item was considered following Item 13. ORDINANCE NO. 2003-00093 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1058-L; A ZONING CHANGE FROM C-2 TO C-4 ZONING LIMITED TO A DRIVE-IN RESTAURANT AND ALL PERMITTED C-2 USES ON A PORTION OF THE SOUTHWEST CORNER OF TRACT 1, LIVE OAK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PEANLTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (17.) ORDINANCE #2003-00094—(north of North Loop 289, near Utica Avenue): Request of Hugo Reed and Associates, Inc. for FF Development, LP for a zoning change from R-1, R-2, and C-3 to A-2 for an apartment complex on an 18.61-acre tract of unplatted land out of Section 22, Block A (second and final reading). ORDINANCE NO. 2003-00094 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573-D; A ZONING CHANGE FROM R-1, R-2 AND C-3 TO A-2 ZONING ON AN 18.61-ACRE TRACT OF UNPLATTED LAND OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (18.) ORDINANCE #2003-00095--(north of 24th Street and east of Iola Avenue): Request of Hugo Reed and Associates, Inc. for Art Griffin for a zoning change from R-1 to A-2 for apartments on a 4.91-acre tract of unplatted land out of Section 44, Block AK (second and final reading). ORDINANCE NO. 2003-00095 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1970-C; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON A 4.91-ACRE TRACT OF UNPLATTED LAND OUT OF SECTION 44, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The next item considered was Item 19A. 232 Regular City Council Meeting September 4, 2003 Page 233 (19.) ORDINANCE #2003-0009"103 and 119 West Loop 289 and 220 Slide Road): Request of Paul Fields for a zoning change from C-2 and C-4 Specific Use to C-3 on tracts M-2, M-3 and L-1-13 less the west 110 foot, Whisperwood Addition and C-4 Specific Use for mini - warehouses on the west 110 foot of Tract L-1-13, Whisperwood Addition (second and final reading). This item was deleted. (19A.) ORDINANCE #2003-00099--Amending Chapter 26 of the Code of Ordinances, by adding Section 26-12, related to the granting of a property tax exemption for organizations engaged primarily in performing charitable functions as provided in Section 11.184 of the Texas Tax Code (second and final reading). ORDINANCE NO. 2003-00099 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING SECTION 26- 12, PROVIDING FOR THE EXEMPTION FROM PROPERTY TAXATION ORGANIZATIONS ENGAGED PRIMARILY IN PERFORMING CHARITABLE FUNCTIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The next item considered was Item 18. (20.) Resolution No. 2003-RO356 authorizing the Mayor to execute Contract Change No. 03 to a contract with the Texas Department of Health (TDH Document No. 7560005906 2004) for Bioterrorism Preparedness, and any associated documents. RESOLUTION NO. 2003-RO356 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract Change No. 03 to a Contract -` with the Texas Department of Health (TDH Document No. 7560005906 2004) for Bio- Terrorism Preparedness and any associated documents by and between the City of Lubbock and the Texas Department of Health, a copy of which Contract Change No. 03 and associated documents are attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 4th day of September, 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/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Contract Change No. 03 is filed with Resolution No. 2003-R0356. 233 Regular City Council Meeting September 4, 2003 Page 234 This TDH contract is continuation funding to be used for staff, equipment, supplies and training. It is designed to upgrade local public health jurisdictions' preparedness for and response to bioterrorism, other outbreaks of infectious disease, and other public health threats and emergencies. The total amount of $397,290 covers salary and fringe benefits ($273,697) for five existing full-time positions and one new position, provides funds for training and travel ($12,200), computer equipment and supplies ($49,317), contractual funding for a pharmacist ($2,400), and other funds ($59,676) to be used for developing enhanced laboratory capacity. The term of the contract is September 1, 2003 through August 31, 2004. This program will assist Lubbock's efforts in developing a bioterrorism preparedness plan that addresses selected focus areas and the required critical capabilities. The focus areas include preparedness planning and readiness assessment, surveillance and epidemiology capacity, laboratory capacity (biologic agents), communication and information technology/Health Alert Network, communicating health risks and health information dissemination, and assessment of education and training needs for the community. This is the second funding cycle, which federal, state, and local governments have come together on a unified plan to strengthen our public health system and better prepare for a terrorist attack. These plans will allow for improvement of our health system by providing greater protection and care for our citizens. These plans being developed across the country will also usher in a new era of cooperation between all levels of government, when it comes to protecting the public's health. FISCAL IMPACT: Full salary and benefits are covered under this grant and there should be no Contributions to Grants for this contract. Any other impact on the general fund will be minimal. This program fulfills the Core Mission of Public Health, as it relates to essential public health services, targeting disease prevention and surveillance. Without the funding from the Texas Department of Health contract, local public health efforts will be greatly impaired and the risk of illness in Lubbock citizens will increase. Staff recommended approval of this resolution. (21.) Resolution No. 2003-RO357 authorizing the Mayor to execute Contract Change No. 02 to a contract with the Texas Department of Health (TDH Document No. 7560005906 2004) for Family Health Services, and any associated documents. RESOLUTION NO.2003-RO357 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract Change No. 02 to a Contract with the Texas Department of Health (TDH Document No. 7560005906 2004) for Family Health Services and any associated documents by and between the City of Lubbock and the Texas Department of Health, a copy of which Contract Change No. 02 and associated documents are 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. 234 Regular City Council Meeting September 4, 2003 Page 235 Passed by the City Council this 4th day of September, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tomy Camden Tommy Camden, Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Contract Change No. 02 is filed with Resolution No. 2003-R0357. This attachment for $33,779 in financial assistance is part of the annual contract with the Texas Department of Health and provides partial salary and fringe benefits for a Health Educator and a part-time Data Entry Assistant. The term of the contract is September 1, 2003 through August 31, 2004. The two employees are currently assigned to the Health Education section. Significant funding reductions from the last two years will continue to prevent activities planned and organized in the past, such as antitobacco pep rallies, child safety seat checkpoints, child abuse prevention workshops, health and safety fairs, and substance abuse education. For the past seven years, the City of Lubbock Health Department has been a facilitator for the Texas Department of Health's Title V Program. During this time, the grant money has built a strong maternal and child health infrastructure within the Health Education Team (HET). The activities planned for the 2003-2004 grant include Motherhood and Prenatal Education in underserved neighborhoods, as well as facilitating the prenatal parenting classes. Classes will focus on the development of parenting skills and will target at -risk teen mothers, as well as the general population. Another initiative will be a collaborative effort with the City of Lubbock's Prevention section, the Fire Department, and HET, in which immunizations and education are provided at no cost. FISCAL IMPACT: An amount of $14,180 is budgeted for in the Contributions to Grant General Fund account for FY 03-04 to offset the increases in salary and fringe benefits not covered by the State. This program fulfills the Core Missions of Public Health —those of Health Education, Surveillance, Prevention, and Laboratory support. Without the funding from the Texas Department of Health contract, these quality assurance measures would be greatly impaired and the risk of illness in Lubbock citizens would be increased. Staff recommended approval of this resolution. (22.) Resolution No. 2003-RO358 authorizing the Mayor to execute a contract with the Texas Department of Health (TDH Document No. 7560005906A 2004) for Milk and Dairy Products Services, and any associated documents. 235 Regular City Council Meeting September 4, 2003 Page 236 RESOLUTION NO.2003-RO358 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with the Texas Department of Health (TDH Document No. 7560005906A 2004) for Milk and Dairy Products Services and any associated documents by and between the City of Lubbock and the Texas Department of Health, a copy of which Contract and associated documents are attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 4th day of September, 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/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Contract is filed with Resolution No. 2003-R0358. The Milk and Dairy Testing Attachment No. 01 to Document No. 7560005906A 2004 is part of the annual contract with the Texas Department of Health. The term of the contract is September 1, 2003 through August 31, 2004. The Lubbock Health Department Regional Laboratory is reimbursed for laboratory analysis of milk and dairy samples at a specified rate, depending on what kind of analysis is performed. The Lab performs over 3,000 tests on the more than 700 samples submitted each year. These activities are directly related to protection of the public. FISCAL IMPACT: Since the Lab is reimbursed for the full cost of testing, no total dollar amount is specified in the contract. The Lab is reimbursed approximately $14,500 each year. This program fulfills the Core Missions of Public Health —those of Surveillance, Prevention, and Laboratory support. Without the funding from the Texas Department of Health contract, these quality assurance measures would be greatly impaired and the risk of illness in Lubbock citizens would be increased. Staff recommended approval of this resolution. (23.) Resolution No. 2003-RO359 authorizing the City of Lubbock Purchasing Manager to execute an interlocal cooperation agreement with the Texas Department of Public Safety for the purchase of certain forms, manuals, and supplies for use in the Breath Testing Program and Laboratory Alcohol and Drug Testing Program. 236 Regular City Council Meeting September 4, 2003 Page 237 RESOLUTION NO. 2003-RO359 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the Purchasing Manager 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 Cooperation Agreement with the Texas Department of Public Safety for the purchase of certain forms, manuals, and supplies for use in the Breath Testing Program and Laboratory Alcohol and Drug Testing Program, which Agreement is attached hereto and incorporated herein as part of this Resolution. Passed by the City Council this 4th day of September, 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 M. Knight John M. Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0359. _ For the last several years, the Department of Public Safety (DPS) has required an interlocal agreement before agencies other than the DPS can purchase supplies for Breath, Alcohol, and Drug Testing. The current agreement expired August 31, 2003 and must be renewed before the Police Department can purchase these supplies. The DPS has very strict requirements for sample submission and will not accept samples submitted in containers not purchased from them. This agreement also includes certain DPS forms required for DWI prosecution. FISCAL IMPACT: This is a recurring expense for minimally priced supplies making up a very small percentage of overall supplies funded in account 5735.8163. The Police Department must have this agreement to purchase supplies required by the Department of Public Safety for DWI enforcement. The cost is minimal and acceptable supplies are not available elsewhere. Staff recommended approval of this resolution. (24.) Resolution No. 2003-RO360 authorizing the Mayor to execute an amendment to the lease agreement between the City of Lubbock and Federal Express Corporation. RESOLUTION NO.2003-RO360 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the Lease Agreement with Federal Express Corporation to include an additional 92,800 square feet adjacent to the south edge of the leased ramp area at Lubbock International Airport. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 237 Regular City Council Meeting September 4, 2003 Page 238 Passed by the City Council this 4th day of September, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ John McGinley Interim Director of Aviation ... oI•hl_I�191WII[1] 119 LTA /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Amendment is filed with Resolution No. 2003-R0360. Federal Express currently leases 158,400 square feet of the air cargo ramp on the northwest side of the airport to park and service their aircraft. In November 2002, Lubbock International Airport (LIA) completed a project that extended the cargo ramp, 780 feet to the south. Federal Express is requesting use of the new ramp area, which will add an additional 92,800 square feet to their ramp lease. The airport will receive an additional $24,870.40 per year ($2,072.53 per month) from this amendment. FISCAL IMPACT: Increase annual revenues by $24,870.40. The Airport Board and staff recommended approval of this resolution. (25.) Resolution No. 2003-RO361 authorizing the Mayor to execute a loan agreement and all related documents between the City of Lubbock and Ms. Marilyn Allen (dba All God's Children Learning Center) from the Economic Development Funds Program. RESOLUTION NO.2003-RO361 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 Loan Agreement, by and between the City of Lubbock and Mrs. Marilyn Allen d.b.a. All God's Children Learning Center from the Economic Development Funds Program and all related documents. Said is 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. AM& Regular City Council Meeting September 4, 2003 Page 239 Passed by the City Council this 4th day of September, 2003. /S/ WAARC 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 Agreement is filed with Resolution No. 2003-R0361. The Economic Development Subcommittee of the Community Development Services Board (CDSB) met and approved a packet submitted by Ms. Marilyn Allen. The Subcommittee approved a loan for $50,000. The Learning Center is located at 420-B MLK Boulevard. Funds will be used to hire additional staff to better serve the needs of the children enrolled. The Economic Development Funds Program was established during a previous allocation of Community Development Block Grant (CDBG) funds. The purpose of the program is to provide needed capital for area businesses at a reduced interest rate. By agreeing to the terms of this loan, the business owner accepts his/her responsibility of retaining or creating one job for every $35,000 borrowed. This job must be made available to persons of low -to -moderate income. The promissory note was provided in Council backup. Community Development recommended the approval of this resolution. (26.) Resolution No. 2003-RO362 authorizing the Managing Director of Public Works to execute and submit any and all applications related to water and wastewater permitting activities. RESOLUTION NO.2003-RO362 WHEREAS, the City of Lubbock is required to obtain certain permits from the State of Texas regarding appropriative water rights and the discharge and disposal of wastewater; and WHEREAS, the City of Lubbock is required to execute applications for such permits; and WHEREAS, the City Council of the City of Lubbock desires to appoint the Director of Public Works of the City of Lubbock, to act in the capacity set forth below, regarding said permit applications. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK; THAT the Director of Public Works, is hereby appointed by the City Council of the City of Lubbock to execute and submit any and all applications for appropriative water rights permits and/or applications to amend or renew same, and Texas Pollutant Discharge Elimination System Permits, and/or applications to amend or renew same, and any and all other related documents to be submitted to the Texas Commission on Environmental Quality, related to or in connection with Chapter 11 of the Texas Water 239 Regular City Council Meeting September 4, 2003 Page 240 Code, Chapter 26 of the Texas Water Code, and/or other laws of the State of Texas relating to the same or similar subject matter, as each of same may be amended from time to time, and all rules and regulations promulgated pursuant to such laws. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT all actions of the Director of Water Utilities and the Director of Public Works taken prior to the date of the adoption of this Resolution regarding the subject matter hereof, are ratified in all respects and instances. Passed by the City Council this 4th day of September, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza., City Secretary APPROVED AS TO CONTENT: /s/ Dan Dennison Dan Dennison Environmental Compliance Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney The City of Lubbock is required to obtain certain permits from the State of Texas regarding appropriative water rights and the discharge and disposal of wastewater. The State requires that a ranking municipal official or his designee sign each application submitted. If someone other than the ranking elected official is authorized to sign on behalf of the applicant, then proof of authorization must be included with the application. This resolution will serve as said authorization. Staff recommended approval of this resolution. ADMINISTRATIVE SERVICES Human Resources (26A.) Resolution No. 2003-R0363/RFP #113-03/DC —for Liability Claims Services — Annual Pricing (Human Resources). RESOLUTION NO.2003-RO363 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Claim Service Agreement with Hammerman & Gainer, Inc. for services with respect to the investigation and payment of insurance claims, which Agreement is attached hereto and incorporated herein as part of this Resolution. 240 Regular City Council Meeting September 4, 2003 Page 241 Passed by the City Council this 4th day of September, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Scott Snider Scott Snider, Director of Human Resources APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0363. This contract is for City of Lubbock Liability Claims Services for Auto, General and Personal Injury Liability. The Evaluation Committee included citizens and city staff, who reviewed the remaining seven responses. Members of the Committee were Christine Newman of Covenant Hospital, Douglas Sanford of Sanford Insurance Agency, and Dale Stephens and Leisa Hutcheson for the City of Lubbock. The following organizations submitted proposals: ■ Attenta of Dallas, TX - (No Lubbock Office) ■ Crawford & Co. of Atlanta, GA (Lubbock Office) ■ Hammerman & Gainer, Inc. of Irving, TX (Lubbock Office) ■ RSKCo of Downers Grove, IL (No Lubbock Office — Cunningham Lindsey contract outside adjusters are in a Lubbock Office) ■ GAB Robins North America of Parsippany, NJ (Lubbock Office) ■ Harper — Kennedy & Associates of Lubbock, TX ■ The Littleton Group of Austin, TX (Lubbock Office) The proposals were evaluated on Service (30%), Management Information (30%), Financial Capacity (150/o), and Cost (25%). The firms were ranked as follows: Hammerman and Gainer Inc. 12.43 GAB Robins North America 10.40 Attenta 10.38 Crawford and Company 10.35 RSKCo 7.73 Harper — Kennedy & Associates 6.35 The Littleton Group 4.45 The selection of Hammerman and Gainer, Inc. as the liability claims service company for Auto, General and Personal Injury Liability offers the City a locally staffed office and an excellent claims information system, which can integrate the City's historical data for better reporting to the managers. In addition, the City's excess liability carrier reserves the right to approve use of our liability claims service company, because of the risk 241 Regular City Council Meeting September 4, 2003 Page 242 of loss above the City's self -insured retention. Hammerman and Gainer, Inc. is on the list of approved service companies. Thirty-eight local firms were notified of this RFP. FISCAL IMPACT: The estimated cost for the 2003-2004 Fiscal Year is $193,353. The terms are on a per claim basis for office adjusting and time and expense for on -site adjusting services. Time and expense will be billed at an hourly rate of $63/hour. All charges for Liability Claims Services are paid from the Risk Fund. Staff recommended contract award to Hammerman and Gainer, Inc. of Irving, Texas, to provide Liability Claims Services for Auto, General and Personal Injury Liability Self -Insurance from October 1, 2003 through September 30, 2004, renewable annually for up to two additional one-year terms. Scott Snider, Director of Human Resources and Leisa Hutcheson, Risk Management Coordinator gave staff comments. Council Member Boren arrived at the dais. Motion was made by Council Member Hernandez, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO363 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 26C. Other (26B.) Ordinance No. 2003-0 granting to NTS Communications, Inc., the right, privilege and franchise to operate within the boundaries of the City of Lubbock, an Open Video System first reading). This item was deleted. ELECTRIC UTILITIES Other (26C.) Resolution No. 2003-RO364 authorizing the Mayor to execute a sublicense agreement with Graco Real Estate Development, Inc., to sublicense Lubbock Power & Light's suite at Texas Tech University's United Spirit Arena. This item was considered following Item 26A. RESOLUTION NO. 2003-RO364 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 Sublicense Agreement with Graco Real Estate Development, Inc., to sublicense the City's arena suite at the United Spirit Arena to Graco Real Estate Development, Inc., such sublicense being attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 242 Regular City Council Meeting September 4, 2003 Page 243 Passed by the City Council this 4th day of September, 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 Sublicense Agreement is filed with Resolution No. 2003-R0364. Lubbock Power & Light is currently leasing Texas Tech University's United Spirit Arena Suite #101 for the payment of $25,000 per year. The expiration of the lease is August 31, 2009. As part of a cost cutting strategy, LP&L would like to sublease the suite to Graco Real Estate Development, Inc. for the remainder of the lease. FISCAL IMPACT: Lubbock Power & Light will save $25,000 per year for the six remaining years of the lease. LP&L will also save approximately $2,000 per year by not furnishing snacks and refreshments to guests in the suite. Staff recommended approval of this resolution. Motion was made by Council Member Boren, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO364 authorizing the Mayor to execute a sublicense agreement with Graco Real Estate Development, Inc., to sublicense Lubbock Power & Light's suite at Texas Tech University's United Spirit Arena. Additionally, if Graco can have a direct contract with Texas Tech, to go ahead and take LP&L out of it completely. Motion carried: 7 Yeas, 0 Nays. FINANCE Budget and Research (27.) ORDINANCE #2003-00098--Amending the FY 2002-03 Budget (second and final reading). ORDINANCE NO.2003-00098 AN ORDINANCE MAKING CHANGES IN THE FY 2002-03 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass on second and final reading Ordinance No. 2003-00098 with the following revision: $100,000 moved from the Sewer Operating Budget to a Sewer capital project for the installation of wells on the Hancock Land Application Site. This will prevent funding from falling to fund balance meaning at the end of year, since this project 243 Regular City Council Meeting September 4, 2003 Page 244 will span multiple fiscal years, it will by being in a capital project, will be an ongoing project. The funding is to come from the Land Application Site operating budget - $100,00 from the Equipment Maintenance Production Wells account and be moved into the Hancock Land Application Site Wells Project. Motion carried: 7 Yeas, 0 Nays. MISCELLANEOUS Other (28.) Resolution No. 2003-RO365 whereby the Mayor and City Council, on behalf of the City of Lubbock, resolve support for Proposition 13 on the Constitutional Proposition Ballot to be considered by the voters of the State of Texas on September 13, 2003. RESOLUTION NO. 2003-RO365 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor and City Council of the City of Lubbock hereby resolve support for and on behalf of the City of Lubbock, for Proposition 13 on the Constitutional Proposition Ballot to be considered by the voters of the State of Texas on September 13, 2003. Provisions in Proposition 13 would authorize a city, a county, or a junior college district to establish a property tax freeze on the resident homesteads of the disabled, the elderly, and their spouses. If Proposition 13 passes by approval of the citizens of Texas, then local taxing entities may grant the "freeze" after January 1, 2004. Said Proposition is deemed to be in the best interest of the citizens of Lubbock, Texas. Passed by the City Council this 4th day of September, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Assistant City Manager APPROVED AS TO FORM: /s/ Anita Burgess Anita Burgess, City Attorney Proposition 13 would authorize a city, a county, or a junior college district to establish a property tax freeze on the resident homesteads of the disabled, the elderly, and their spouses. If Proposition 13 passes by approval of the citizens of Texas, then local taxing entities may grant the "freeze" after January 1, 2004. Councilman Gary Boren proposed that the City Council approve this resolution to support Proposition 13 on the Constitutional Proposition Ballot. Motion was made by Council Member Boren, seconded by Council Member Martin to pass Resolution No. 2003-RO365 for the citizens of Lubbock and that we have support for Proposition 13 on the Constitutional Proposition Ballot to be considered by the voters of the State of Texas and the City of Lubbock on September 13, 2003. Motion carried: 7 Yeas, 0 Nays. 244 Regular City Council Meeting September 4, 2003 Page 245 (29.) Resolution No. 2003-RO366 authorizing the Mayor to execute a letter to the Lubbock Housing Authority evidencing the intent of the City to convey one of the tracts of City owned real property to the Authority in the event the Authority is awarded the grant from the Texas Department of Housing and Community Affairs, to construct two hundred fifty multifamily affordable units at East 191h and Aspen Avenue. RESOLUTION NO.2003-RO366 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Letter to the Lubbock Housing Authority (the "Authority"), and any other related documents. Said Letter commits the City to convey one (1) tract of land to the Authority in the event the Authority is awarded the Texas Department of Housing and Community Affairs Grant for construction of multi -family affordable housing units. Said Letter is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 4th day of September, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Assistant City Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the Letter is filed with Resolution No. 2003-R0366. The Lubbock Housing Authority (LHA) has asked to purchase a twenty- five acre tract of land located at East 19`h Street and Aspen Avenue in order to build 250 multifamily affordable housing units. LHA has partnered with Landmark Development in Austin, Texas, to apply for funds from the Texas Department of Housing and Community Affairs through a lottery process to finance the gated community in East Lubbock. LHA is submitting two applications in hopes that one application will be selected from the lottery and receive a higher number than competing applications from smaller communities. LHA has requested the City reserve two twenty-five acres tracts of land for the application process, with the understanding that only one will be purchased. The intent is for the City to sell the land to LHA for $1,750 per acre in the event that LHA is awarded the grant. FISCAL IMPACT: $43,750 profit to the City of Lubbock - (25 acres times $1,750 per acre). Approval of a resolution authorizing the Mayor to send a letter to the Lubbock Housing Authority committing the City to sell the LHA a 245 Regular City Council Meeting September 4, 2003 Page 246 twenty-five acres tract of land for development of affordable multifamily housing units. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass Resolution No. 2003-RO366 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. PLANNING AND TRANSPORTATION (30.) Resolution No. 2003-RO367 authorizing the Mayor to execute a contract with McDonald Transit Associates, Inc. for the purpose of providing management and advisory services for public transportation. RESOLUTION NO.2003-RO367 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 transportation management services, by and between the City of Lubbock and McDonald Transit Associates, Inc., 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 4th day of September, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer Managing Director of Planning and Transportation APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2003-R0367. Two bus transportation management firms submitted proposals to the City of Lubbock for bus transportation management services to manage and operate Citibus. These firms are: First Transit, Inc. - Cincinnati, Ohio; with 49 customer systems throughout the United States, including six in Texas; and McDonald Transit Associates, Inc. - Fort Worth, Texas; with 27 customer systems in 14 states, including nine in Texas and the current manager of Citibus. A Selection Committee was appointed by the Managing Director of Planning and Transportation to review and rate the proposals submitted by the firms listed above. The Committee used the evaluation methods in the Evaluation Procedures for Competitive Negotiation for Professional and Nonprofessional Services of the City Purchasing Department. Committee members included: Jere Hart, City Traffic Engineer (Chairman), Arden Hawkins, Chairman Lubbock Public Transit Advisory Board, Jay Jacobus, Vice-chairman Lubbock Public Transit Advisory Board, and Victor Kilman, Purchasing Manager (ex-officio member). 246 Regular City Council Meeting September 4, 2003 Page 247 The evaluation criteria in the RFP included: 1) Firm Qualifications and Experience (25%), 2) Qualifications and Experience of the General Manager (25%), 3) Availability and Qualifications of the support staff (20%), 4) Price Proposal (20%), and 5) Record of performance based on previous work with the City and/or other client references. Each Committee member reviewed and rated each proposal. Each member submitted rating outlines after studying each report. The Committee met on July 21, 2003 to discuss their ratings and after discussion, McDonald received the highest rating. Based on these results, the Committee agreed that no further reference checks were necessary due to their extensive knowledge of McDonald Transit and John Wilson, its Senior Vice -President and local General manager. The Selection Committee recommended that McDonald Transit Associates, Inc. be engaged to perform the bus transportation management services required by the City of Lubbock. While both proposals were of excellent quality and First Transit's quoted price was 18% less than McDonald's, the Committee believed McDonald has been and will continue to do an outstanding job, and in this uncertain time of transit funding, the City should stay with McDonald and John Wilson's effective leadership. The Committee also believed that continuing with John Wilson and his contacts in Washington and Austin are extremely important at this time. The Committee believes that McDonald's management of Citibus for the past 15 years has been excellent, and the staffs response to the Lubbock Public Transit Advisory Board has been outstanding. The contract term will be for five years from October 1, 2003, through September 30, 2008. Total base compensation is $834,000. FISCAL IMPACT: Adequate funding for the first year of this contract is included in the Citibus proposed FY 2003-04 budget, including additional funding authorized by the Texas Department of Transportation for FY 2003-04. The Selection Committee, Director of Planning and Transportation, Risk Management, and the Legal Department recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2003-RO367 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Right -of -Way (31.) Resolution No. 2003-RO368 authorizing the Mayor to execute an amendment to an agreement with The Burlington Northern and Santa Fe Railway Company abandoning an easement for pipeline and fiber optic communication lines in the section of former railroad right-of- way required for the Marsha Sharp Freeway (University Avenue and the Brownfield Highway to Milwaukee Avenue and the Brownfield Highway -US 62/82). RESOLUTION NO.2003-RO368 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the Agreement with the Burlington Northern and Santa Fe Railway Company abandoning an easement for pipeline and fiber optic communication lines in that section of former railroad right-of-way required for the Marsha Sharp Freeway and all related documents. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 247 Regular City Council Meeting September 4, 2003 Page 248 Passed by the City Council this 4th day of September, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ John Knight Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Contract is filed with Resolution No. 2003-R0368. At the February 13, 2003 City Council meeting, an agreement was approved by the City Council with The Burlington Northern and Santa Fe Railway Company (BNSF) for them to abandon a mineral reservation and access reservation for mineral exploration and an easement for pipeline and fiber optic communication lines in the portion of the former BNSF track right-of-way from University Avenue westward to approximately Milwaukee Avenue. This was reserved by BNSF, when they sold this section of railroad right-of-way to the American Railway Corporation of Texas (now the West Texas and Lubbock Railroad Co.) in 1990. When this track right-of-way was later acquired by the Texas Department of Transportation (TxDOT) in June 2000, for use as part of the Marsha Sharp Freeway right-of-way, an escrow was set up giving the City the responsibility of negotiating an agreement with BNSF, which would result in the State's ability to construct a highway on the property. The agreement was sent to BNSF and they discovered that they had previously executed a lease option contract with Santa Fe Energy Company for the mineral rights and could not convey them to TxDOT, but will abandon the pipeline and fiber optic communication line easements. This new amendment allows BNSF to reserve all of the minerals below a depth of twenty-five feet under this TxDOT property and in return, BNSF will waive any and all rights of ingress and egress to the surface of this property for the purpose of mineral exploration and drilling. This is satisfactory with TxDOT and with BNSF. FISCAL IMPACT: None to the current budget. The money for this settlement agreement was put in escrow with Lubbock Abstract and Title Company in June of 2000. The Right -of -Way Department recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2003-R0368 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 248 Regular City Council Meeting September 4, 2003 Page 249 PUBLIC WORKS Engineering (31A.) Ordinance No. 2003-0 amending the Pro Rata Ordinance allowing governmental entities to finance water and sanitary sewer improvements, or alternate means of funding the extension of utilities, as determined by Council action (first reading). This item failed. This is the first reading of an addition to the City of Lubbock Code of _ Ordinances, Section 28-164, regarding deferred payments of the cost for water and sanitary sewer improvements. Currently, the pro rata ordinance allows owners of single family, owner -occupied residences to finance the cost of water and sanitary sewer improvements. The terms are set at six percent interest over a period of up to 36 months, with a minimum monthly payment of $10 and down payment of 15 percent. This revision of the pro rata ordinance allows these same terms to be made available for governmental entities. Any federal, state or local government agency would be eligible for this financing method. Alternately, this revision allows the City Council to set terms for water and sanitary sewer extension. This revision of the pro rata ordinance is in response to the Lubbock Housing Authority's (LHA) request for sanitary sewer service for a 184-unit apartment complex. The proposed location is a 10.5-acre tract at the southeast corner of 82°d Street and Avenue U. It is part of a planned development by the LHA of approximately 66 acres south of 82°d Street between Avenues P and U. Although sanitary sewer lines are available in Avenue U, they are insufficient to provide service to the proposed complex and future development west of Avenue U. Two options are available to provide sanitary sewer service; one is a lift station at the site, and another is extension of a deep line from 98`h Street. The estimated cost for an onsite lift station is $45,000. The deep sewer main from 98`h Street is estimated to cost $281,300. FISCAL IMPACT: Funding for this project is proposed to be from Major Sewer Line replacement (account 90281), which has a balance of $675,220 as of July 30, 2003, or the Sewer Pro Rata Fund. Materials are estimated to cost $100,000. City of Lubbock force account labor would be used to install the sewer line. Staff recommended approval of this ordinance. Motion was made by Council Member Patterson, seconded by Council Member Martin to pass on first reading Item 31 as recommended by staff. Motion failed: 3 Yeas, 4 Nays. Mayor McDougal and Council Members Boren, Gilbreath and Hernandez voted Nay. The next item considered was Item 33. BOARD APPOINTMENTS (32.) Consider one appointment to the Keep Lubbock Beautiful Advisory Committee. This item was deleted. (33.) Consider six appointments to the Youth Commission - Students This item was considered following Item 31A. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to appoint Bailey Brown, Kathleen Butler, Lindsey 249 Regular City Council Meeting September 4, 2003 Page 250 Duncan, Jennifer Holland, Kemberly McDaniel and Nikil Viswanatha to the Youth Commission - Students. Motion carried: 7 Yeas, 0 Nays. 3:11 P.M. CITY COUNCIL RECESSED 3:20 P. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All council members were present except Council Member Hernandez. Mayor McDougal called the meeting to order at 3:20 P. M. (34.) Presentation by Claude Dollins on The Ethical Leadership Conference being held in Lubbock on October 21, 2003. Councilman T. J. Patterson requested that this item be on Work Session. Business leaders in Lubbock believe good ethics is good business. Market Lubbock, Inc., UMC Health System, and Cox Communications will host The Ethical Leadership Conference on October 21, 2003. The purpose of this one -day conference is two -fold; first, to provide a forum that advocates ethical and profitable business practices and second, to expose CEOs and business owners from throughout the United States to the positive economic climate and business opportunities of Lubbock and West Texas. Featured speakers are President George H. W. Bush and Dr. Stephen R. Covey. Claude Dollins with the Dollins Group made this presentation to the City Council. The next item considered was Item 37. (35.) Presentation regarding the Lubbock Independent School District program, Communities In Schools, by Elizabeth Garza, Director. This item was considered following Item 37. Councilman T. J. Patterson requested that Ms. Garza make a brief presentation to the City Council during Work Session regarding Communities in Schools (CIS). Communities In Schools was established in Lubbock in September 1999. It is a well -organized extension of the national CIS model, which has been in operation since 1977. Communities In Schools coordinates and provides year-round services to youth in at -risk situations by providing full-time staff at the Estacado, Alderson, Cavazos, and Dunbar campuses. By bringing resources into the schools, CIS makes assistance easily accessible to youth and families so that students can focus on their education, stay in school, and prepare for life. Elizabeth Garza, Director of LISD Communities in Schools, gave a presentation. Shannon Magri, Youth Coordinator, at Estacado also spoke and introduced Gustavo, a student presently involved in the program. The next item considered was Item 36. (36.) Presentation and discussion on currently adopted user fees with respect to the Fire Department by Steve Hailey, Fire Chief and Mike Kemp, Fire Marshall. This item was considered following Item 35. Since the adoption of the user fees last year in the budget process, there have been several issues with some of these fees, respective to the Fire Department. Staff would like to present these issues to Council and propose some minor changes. FISCAL IMPACT: Dependent on Council direction, revenue from Fire Department user fees could increase or decrease. Steve Hailey, Fire Chief gave the presentation. Re -inspection fees and tent inspection fees were the two items he discussed. 250 Regular City Council Meeting September 4, 2003 Page 251 Mike Kemp, Fire Marshall also answered questions. Council Member Martin suggested that this be put on the agenda for the first meeting in October of 2003 to repeal these fees and administratively make the decision not to collect them between now and then. Interim City Manager Tommy Gonzalez stated plans were to put this on the second reading of the budget, which would be September 18, 2003. The next item considered was Item 38. (37.) Presentation from the Frenship Independent School District (FISD) regarding the Frenship Bond Program 2003 that will be taken to voters on September 27, 2003. This item was considered following Item 34. FISD is proposing a $46,820,000 bond package that is being taken to the voters on September 27, 2003. This package includes $25,717,388 for two new schools, $10,269,635 to increase capacity and accommodate instructional program requirements, and $10,829,909 to maintain existing buildings and systems. To fund this bond package, taxes will increase approximately 4 to 5 cents per $100 valuation. The State has been providing additional financial assistance to build and upgrade facilities. If the State continues facilities funding and taxable values continue to increase, the tax rate would increase 4 cents. If the State discontinues facilities funding, taxes may increase no more than 8 cents. This item was at the request of Mayor McDougal and John Thomas, FISD Superintendent. Frenship Independent School District presented the Frenship Bond Program 2003 to the City Council. FISD Superintendent John Thomas gave a Power Point presentation. The next item considered was Item 35. (38.) Presentation of the Monthly Financial Report for the month ending July 2003 by Jeff Snyder, Chief Accountant. This item was considered following Item 36. Per City Council request, the Financial Report for the month ending July 2003 was presented. The information was provided in Council backup. This information includes: 1. Financial Analysis — Analysis provided in narrative form by Fund. 2. Financial Summary — a. Balance Sheet; Statement of Revenue, Expenditures and Changes in Fund Balance; Summary of Cash Balances; and Monthly Financial Summary Reports for Airport Fund, General Fund, Sewer Fund, Solid Waste Fund, Storm Drainage Fund and Water Fund. b. Capital Projects Summary by Fund (all funds). 3. Economic Analysis — Includes Lubbock International Airport Enplanements Summary and Building Inspection Statistical Report. 4. Investment Report — Investment Summary for the month. Staff was prepared to address any questions. Jeff Snyder, Chief Accountant, made the presentation. Council Member Gilbreath asked questions referencing variances and requested that this be made more explicit. 251 Regular City Council Meeting September 4, 2003 Page 252 Council Member Martin asked about the parking revenue at the Airport. He specifically asked if enplanements have increased, why has parking revenue decreased? Interim City Manager Tommy Gonzales stated they were keeping a close eye on this area and would bring a full report back to Council. Craig Farmer, Managing Director of Planning & Transportation, stated that in the old contract, there was a minimum payment that ALCOA had to pay us. Now, they are managing the parking lot and we do not get paid that payment. As part of the new agreement, they have installed a system at considerable expense, which counts cars automatically. 4:40 P. M. CITY COUNCIL RECESSED 5:00 P. M. REGULAR CITY COUNCIL RECONVENED All council members were present except Council Member Patterson. 5:01 P. M. PUBLIC HEARING Budget and Research (39.) Hold a public hearing on the proposed budget for Fiscal Year 2003-04 for the City of Lubbock. Mayor McDougal opened the public hearing at 5:01 p. in. Those appearing were: Duane Christian and Virginia Alamanza, West Texas Organizing Strategy; Rod Mueller and Bruce Cammack, Friends of the Library; Matt McGinnis, Professional Fire Fighters Association; Mikel Ward, SPARTAN; Karen Slay, Injury Prevention Coalition; Ester Sepeda, Lubbock Hispanic Chamber of Commerce; and Kevin McMahon, Lubbock Chamber of Commerce. Mayor McDougal closed the hearing at 5:34 p. m. (40.) Ordinance No. 2003-00100 approving and adopting a budget for Fiscal Year 2003-04 for the City of Lubbock (first reading). The City of Lubbock Charter requires two reading of ordinances. This is the first reading of the ordinance adopting the budget for the City of Lubbock for Fiscal Year 2003-04. The budget ordinance must be considered first, followed by the ordinance on the tax rate. The ordinance will be placed on the Thursday, September 18, Council agenda for the second reading and adoption of the budget. Staff recommended approval of this ordinance. Motion was made by Council Member Boren, seconded by Council Member Martin "to adopt the ordinance approving and adopting a budget for Fiscal Year 2003-04 with the following revision: Revenue, penalty and interest on delinquent taxes $26,681 and a revised projection with change to tax distribution schedule" and pass on first reading Ordinance No. 2003-00100 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Patterson was away from the dais. (41.) Ordinance No. 2003-00101 setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock, Texas, for the year 2003 (first reading). The City of Lubbock Charter requires two reading of ordinances. This is the first reading of the ordinance adopting and levying tax rate for the City of Lubbock for Fiscal Year 2003-04. The budget ordinance must be considered first, followed by the ordinance adopting the levying a tax rate. The ordinance will be placed on the Thursday, September 18, Council agenda for the second reading and adoption of the budget. No property tax rate increase is proposed. A decrease of .0243 is proposed decreasing the property tax from 57 cents to .5457 cents per $100 valuation. The proposed rate of .5457 cents per $100 valuation is based on a certified net taxable value of $7,921,590,380, as submitted by the Chief 252 Regular City Council Meeting September 4, 2003 Page 253 Appraiser of the Lubbock Central Appraisal District. The tax rate is distributed as follows: Debt Service $0.10066 General Fund M&O $0.41504 Economic Development $0.03000 Staff recommended approval of this ordinance.. Motion was made by Council Member Boren, seconded by Council Member Gilbreath "to adopt the ordinance lowering and reducing the current tax rate and setting a tax rate and levying a tax rate upon all property subject to taxation within the City of Lubbock, Texas, for the year 2003-2004 with the following revisions: No. 1, tax rate per $100 valuation was originally proposed at .5566; No. 2, because of higher reevaluations than originally reported by the Lubbock Central Appraisal District, the tax rate is now being lowered proposed at .5457 per $100 evaluation; No. 3, this is a decrease of .0243 over the current year rate; No. 4, general fund portion will be set at .41504; No. 5, interest and sinking fund portion will be set at .10066; No. 6, economic development fund remains at .03. However, because evaluation is greater than the amount projected to be received, it is greater by $35,507" and pass on first reading Ordinance No. 2003-00101. Motion carried: 6 Yeas, 0 Nays. Council Member Patterson was away from the dais. 5:45 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Hernandez made a motion to adjourn; Council Member Gilbreath seconded the motion. Motion carried: 6 Yeas, 0 Nays. Read and approved this 2`1 day of ' fZi , 2005. MARC MCDOUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary 253