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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/6/2003CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2003 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 6th day of November, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:33 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 Tom Martin, Council Member Frank W. Morrison, Council Member T.J. Patterson Absent: Council Member Jim Gilbreath CITIZEN COMMENTS Citizens expressed comments to the Council. They were: ( 1.) The Cavazos Junior High Cavalier Leadership Club appeared to discuss Cavazos Project Beauty and ask for support from the City Council and City of Lubbock. The Cavalier Leadership Club from Cavazos Junior High is working on a beautification program called Cavazos Project Beauty in the areas surrounding their school. Cassandra Wells, teacher of the Leadership Club introduced the following participants: George Comiskey, Lubbock Independent School District, who is the adult leader; Cavazos Junior High Principal David Vasquez; and students Dominique Ellis, Anthony Cantu, Kyle Cruz, Ana Flores, Alexandra Ramirez, Edna Ruvalcaba and Jack Sumrall. The students presented their ideas during this discussion and requested support from the City Council and City of Lubbock. They also requested that April 23, 2004 be proclaimed as Lubbock Beauty Day and be sponsored by Cavazos Cavalier Leadership Class. Mayor McDougal stated they had Council support and that the request for the proclamation would be taken care of in April of 2004, either at a school assembly or as a presentation at City Council. Council Member Hernandez expressed appreciation to the group and to City staff Nancy Neill, Debra Frankhouser and Penny Morin for assisting this group. ( 2.) Cathy Mottet appeared to discuss the ordinance allowing group homes for the handicapped in residential areas, and others similarly situated. History of the Ordinance In 1991, when the amendments to the Federal Fair Housing Act had just gone into effect making it unlawful to discriminate against the disabled in housing, the City had a request for a group home for elderly individuals (with some physical disabilities) at 2510 Slide Road. The Act defined discrimination as "a refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling." The City attempted to craft an ordinance that would comply with federal law by allowing a reasonable accommodation for disabled individuals, but that would place some reasonable limitations on the group homes and allow input from neighbors in residential areas. The permit Regular City Council Meeting November 6, 2003 Page 480 system attempted to address the problem that the State was only regulating, the health and safety of group homes with more than three disabled individuals. After 12 hours of heated public hearings (6 hours before the ZBA and 6 hours before the City Council), the City's current ordinance was passed in November 1991. Ordinance Provisions In Lubbock, no more than two unrelated individuals could live together in an R-1 neighborhood. This ordinance allowed four unrelated disabled individuals to live together in an R-1 neighborhood so long as they obtained a permit. The permit application required a health and fire inspection, a site plan with minimum square footage requirements for bedrooms, that no bedroom house more than two persons, and that the care provider have a separate bedroom. [Lubbock Zoning Code § 29-30(7)]. Group homes could not be located within 600 feet of another group living home already in place. If a group of five or more disabled individuals desired to live together in an R-1 neighborhood, they were required to come before the ZBA and request a special exception. This required an application with a site plan, a health and fire inspection, notice to all persons owning property within 200 feet of the structure, and a public hearing before the ZBA at which time all persons were allowed to express an opinion before the decision was made. The ZBA was required to look at all factors, including the number and size of the bedrooms, how many people would be living there, how many people would be working there, how far away the closest group home might be, the effect on the neighborhood, the traffic, and make a "reasonable accommodation" under federal law to afford the disabled persons an equal opportunity to live in a neighborhood. Litigation Background For the Slide Road residence (which had five bedrooms) the ZBA said this reasonable number was 10. The group home wanted 12, so they sued the City in Federal Court saying the ordinance violated the Federal Fair Housing Act (by discriminating against the handicapped), the Americans with Disabilities Act, and several amendments to the Constitution. Advocacy, Inc., a federally funded group who advocate for the disabled, joined the suit, as did Lubbock Community Services for the Deaf, and eventually the U. S. Justice Department. After lengthy litigation, the City won in Federal District Court. They appealed and the case went to the 5th Circuit. In the meantime, a similar case went to the Supreme Court from Washington State. Lubbock wrote an amicus brief in support of the City of Edmonds, Washington, but they lost in the Supreme Court. The 5th Circuit sent Lubbock's case back to District Court to look at it in light of the new Supreme Court Decision. Lubbock's case won again because the ordinance was a little different from Edmonds' (for example, Lubbock had the ZBA hearing for due process). The group home appealed again and the City won again in 1996 at the Fifth Circuit. The Fifth Circuit said that Lubbock's ordinance, as it was written, was a reasonable accommodation within the meaning of the Federal Fair Housing Act. It is one of the few, if not the only, group home ordinance in the state that has been approved by the courts. Ms. Mottet presented recommendations concerning group homes. Council Member Morrison stated the City of Lubbock did not regulate these group homes and suggested she approach her state representatives. 480 Regular City Council Meeting November 6, 2003 Page 481 (3.) Teresa Scoggins from the Lubbock Organization for Residential Care Homes also appeared to discuss the ordinance allowing group homes for the handicapped in residential areas, and others similarly situated. Teresa Scoggins, Vice President, Lubbock Organization for Residential Care Homes, appeared to discuss the ordinance allowing group homes for the handicapped in residential areas, and others similarly situated Council requested that City Attorney Anita Burgess work with Assistant City Attorney Linda Chamales to bring information back to Council giving the ZBA Board a little more guidance and maybe revising the ordinance. ( 4.) Larry Noland was scheduled to appear to discuss issues related to the North Overton area. Mr. Noland was not present. ( 4A.) Betty Wright appeared to address the proposal of honoring the late Governor Preston Smith by changing the name of Lubbock International Airport to Lubbock Preston Smith International Airport or to Preston Smith Lubbock International Airport. ( 4B.) Tavita Hernandez Dorrow appeared in support of Item 30 providing architectural and engineering services for the North University Gateway Enhancement Project. ( 4C.) Ysidro Gutierrez also appeared in support of Item 30. 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 pending or contemplated litigation, the purchase, exchange, lease or value of real property, personnel, competitive matters of the public power utility, and to review certified agenda from the prior executive session as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 8:27 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. (5.) This item was deleted. (6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Electric Utilities; Fire; Information Technology; Planning; Water Utilities; Right of Way; Stormwater). ( 6A.) 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 (Water Utilities). ( 7.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager; City Attorney) and take appropriate action. ( 8.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): 481 Regular City Council Meeting November 6, 2003 Page 482 to deliberate, vote and take final action on a competitive matter regarding natural gas supply, service and transportation contracts by the City of Lubbock; and to discuss, deliberate and take final action on a competitive matter regarding plans or contracts related to the status, maintenance, repair and/or upkeep of electric generation facilities. to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate on a competitive matter regarding marketing and advertising agreements related to retail energy sales of Lubbock Power and Light; to discuss and/or take action on 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 and deliberate a competitive matter regarding the operation, governance, organization, and business plans, options and studies of the City's electric utility, Lubbock Power and Light; and to discuss, deliberate and take final action on a competitive matter regarding plans or contracts related to the acquisition and/or construction of transmission/distribution facilities. ( 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). 9:48 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Jim Gilbreath, Council Member Frank W. Morrison, Council Member T. J. Patterson; Tommy Gonzalez, Interim City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Council Members Gary O. Boren and Tom Martin Mayor McDougal called the meeting to order at 9:48 A. M. (10.) Invocation by Pastor Jim Scott, Senior Pastor, New Hope Foursquare 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. The first item considered was Item No. 30, followed by Board Appointments Recognition. BOARD APPOINTMENTS RECOGNITION Board of Appointments Advisory Board Receiving: Louise Cummins Board of Public Transit Advisory Board Receiving: Louis Hudson -Wilson 482 Regular City Council Meeting November 6, 2003 Page 483 CITIZENS APPEARANCES (12.) Presentation of Special Recognition to the 2003 Miss Juneteenth Scholarship Pageant Contestants recognizing their participation in this program. In June, the First Annual Miss Juneteenth Scholarship Pageant was held at Estacado High School. Nine contestants in grades nine through twelve competed for a $1,000 scholarship. In addition to the scholarship, the pageant strives to further the pursuit of a higher education after graduation, raise the level of self-esteem among these young women, and encourage good moral values. Council Member Patterson assisted Mayor McDougal in making the presentation and recognizing the following contestants for their participation in this program: • Alicia Williams, Estacado High School, 2003 Miss Juneteenth • Lanee Bowser, Estacado High School • Tiffany Johnson, Estacado High School • Stephanie McGrew, Estacado High School • LaJeri Pierce, O. L. Slaton Junior High (unable to attend) • Jessica Rodriguez, Monterey High School • Sasha Thomas, Monterey High School • RuniQua Watson, Monterey High School • Shawnice Wilson, Irons Junior High School (13.) Presentation of a Special Recognition to the Lubbock Interfaith Hospitality Network to commemorate their fifth anniversary serving homeless families in our community. November is the fifth anniversary of the Lubbock Interfaith Hospitality Network (LIHN). This outstanding program was created to provide shelter, meals, and comprehensive support to families without homes. LIHN unites communities of faith in a collaborative effort to assist homeless families. Twelve "host" congregations provide accommodations and meals for three to five families (up to 14 people) for one week every three months on a rotating schedule. Thirteen "support" congregations assist the host churches with volunteers, food, and supplies. Participating congregations furnish sleeping accommodations and a "hospitality room" where guests relax, socialize, do homework, or watch television. Guests arrive at the host congregation at 5:30 p.m. and remain overnight. In the morning, guests return to LIHN's day center located in the downtown area. From there, children go to school and adult guests go to work or look for housing. Volunteers in the LIHN program provide homeless families with basic human needs such as shelter, safety, and sustenance with a spirit of warmth and hospitality. In this environment, guests are able to maintain their dignity. The kindness of hosts helps to diminish the hurt of homelessness, and both volunteers and guests grow and learn from each other. In the past five years, LIHN has served 250 families. The average stay in the program is five weeks, and 70% of LIHN families are able to transition into a stable home. Council Member Patterson requested this recognition, and Ione Heartsell, Executive Director, and members of the LIHN board were present to accept this recognition. (14.) Presentation of a Special Recognition to the Covenant Heath System in honor of receiving the 2003 Distinguished Hospital Award for Clinical Excellence. 483 Regular City Council Meeting November 6, 2003 Page 484 Covenant Health System is the largest healthcare organization in the western half of the State of Texas, serving not only Lubbock, but also a 62-county area across West Texas and Eastern New Mexico. Covenant is considered a major regional referral center, with 50 percent of their patients coming from outside Lubbock County. As reported in the Fall 2003 issue of Money magazine, Covenant Health System has received the 2003 Distinguished Hospital Award for Clinical Excellence from HealthGrades, the leading provider of healthcare quality information for consumers and the healthcare industry. HealthGrades analyzes the quality of care at more than 5,000 hospitals across the country each year and publishes ratings based on the performance of that hospital. HealthGrades offers recognition to an elite group of hospitals that achieve notable high levels of performance. This distinction places Covenant among the top 3.2 percent of the nation's full -service hospitals, as well as among a unique group of high -quality hospitals recognized for their overall clinical excellence across several service lines. HealthGrades also gave Covenant five stars for the treatment of multiple medical problems including total knee replacement surgery, joint replacement surgery, back and neck surgery with spinal fusion, stroke care, and women's services. Council Member Patterson requested that Covenant receive this special recognition. Charlie Trimble from Covenant Health System was present to accept this recognition. (15.) Recognition of Sandy Glass, Public Information Office; Mike Robles, Public Information Office; Tom Goolsby, Public Information Office; Sonie Pinkert, City Landfill; Barry Pitaniello, Information Technology; Christopher Reed, Information Technology; Christian Quintanilla, Information Technology; Andy Burcham, Investments/Debts; Debra Frankhouser, Solid Waste; Bridget Faulkenberry, Environmental Health; Zach Holbrooks, Environmental Health; Miguel Yanez, Stormwater Management; Karen Murfee, Keep Lubbock Beautiful; and Jaime Coy, Code Enforcement for providing the citizens of Lubbock with outstanding service. Interim City Manager Tommy Gonzalez assisted Mayor McDougal in commending the following individuals for providing outstanding service to the citizens of Lubbock: • Sandy Glass, Mike Robles, and Tom Goolsby a part of the Public Information Office were being recognized for their outstanding work in putting together the sex offenders program that recently began airing on CNC-2 • Sonie Pinkert with the City Landfill was recognized by Council member Boren for providing outstanding customer service to a difficult citizen. • Barry Pitaniello, Christopher Reed, and Christian Quintanilla from Information Technology were recognized for their outstanding work in developing the City's new web -based Citizen Request Management System. • Andy Burcham from Investments/Debts was recognized for his outstanding response with information with regard to the investment function to Council Member Gilbreath. Mr. Burcham was unable to attend. Mul Regular City Council Meeting November 6, 2003 Page 485 Debra Frankhouser, Solid Waste; Bridget Faulkenberry, Environmental Health; Zach Holbrooks, Environmental Health; Miguel Yanez, Stormwater Management; Karen Murfee, Keep Lubbock Beautiful; Jaime Coy, Code Enforcement were recognized for their work in putting together the Illegal Dumping Hotline for citizens to call with these types of issues. Mayor Pro Tern Hernandez took a point of personal privilege and said good-bye publicly and thanked publicly two employees leaving the Council office. Nancy Neill is moving to Parks and Recreation. Bob Goodwin has moved to Public Information. Council Member Gilbreath also took a point of personal privilege and thanked Debra Frankhouser, Solid Waste, for all she has done in chairing the City's United Way campaign. The next item considered was Item 38, followed by Items 16-23, 25, 26, 28. CONSENT AGENDA (Items No. 16-23, 25, 26, 28) Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to approve Items 16-23, 25, 26, 28 on consent agenda as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (16.) Approval of Minutes: October 22, 2003 Special City Council Meeting October 23, 2003 Regular City Council Meeting (17.) ORDINANCE #2003-00113—ZONE CASE NO. 2982 (8701 West 191h Street): Request of Michael H. Dunn (for TMT Investments, Inc.) for a zoning change from R-1 to C-4 on 0.397 acres of unplatted land out of Section 6, Block D-6 (second and final reading). ORDINANCE NO.2003-00113 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2982; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON 0.397 ACRES OF UNPLATTED LAND OUT OF SECTION 6, BLOCK D-6, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (18.) ORDINANCE #2003-00114—ZONE CASE NO. 2178-G (southwest corner of 98th Street and Indiana Avenue): Request of Craig Wallace Construction (for Surya Liman) for a zoning change from A-1 and C- 2 to GO, C-2, and A-1 (for an apartment complex and commercial development) on 12.73 acres of unplatted land out of Section 18, Block E-2 (second and final reading). ORDINANCE NO.2003-00114 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2178-G; A ZONING CHANGE FROM A-1 AND C-2 TO GO, C-2, AND A-1 ZONING ON 12.73 ACRES OF UNPLATTED LAND OUT OF SECTION 18, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 485 Regular City Council Meeting November 6, 2003 Page 486 (19.) ORDINANCE #2003-00115—ZONE CASE NO. 1864-G (south of 34" Street and west of La Salle Avenue): Request of John Nelson for a zoning change from C-4 to A-1 (for quadruplexes) on 1.5 acres of unplatted land out of Section 37, Block AK (second and final reading). ORDINANCE NO. 2003-00115 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1864-G; A ZONING CHANGE FROM C-4 TO A-1 ZONING ON 1.884 ACRES OF UNPLATTED LAND OUT OF SECTION 37, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (20.) ORDINANCE #2003-00116—ZONE CASE NO. 2983 (south of 108`h Street between Canton Avenue and Flint Avenue): Request of Triax Development for a zoning change from T to R-1 Specific Use on 30.18 acres of unplatted land out of the south halves of Section 19 and Section 20, Block E-2 (second and final reading). ORDINANCE NO. 2003-00116 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2983; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR REDUCED SETBACK ON 30.18 ACRES OF UNPLATTED LAND OUT OF THE SOUTH HALF OF SECTION 19 AND OF SECTION 20, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (21.) ORDINANCE #2003-00117—ZONE CASE NO. 2984 (southeast corner of 341h Street and Upland Avenue): Request of Hugo Reed and Associates, Inc. (for ARMtech Insurance Services) for a zoning change from T to C-2 (1 acre), C-3 (16.9 acres), and GO (4.2 acres) on 22.1 acres of unplatted land out of Section 38, Block AK (second and final reading). ORDINANCE NO. 2003-RO117 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2984; A ZONING CHANGE FROM T TO C-2, C-3, and GO ZONING ON 22.1 ACRES OF UNPLATTED LAND OUT OF SECTION 38, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (22.) ORDINANCE #2003-00118—ZONE CASE NO. 2871-A (Homestead Avenue between 92"d Street and 94`h Street): Request of Hugo Reed and Associates, Inc. (for Day Estates, Ltd.) for a zoning change from R-1 Specific Use to R-1 Specific Use (for garden homes with 5-foot front setbacks on cul-de-sac lots and 5-foot side setbacks on lots adjacent to 92"d Street) on 4.1 acres of unplatted land out of Section 28, Block AK (second and final reading). 486 Regular City Council Meeting November 6, 2003 Page 487 ORDINANCE NO.2003-00118 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2871-A; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE (FOR GARDEN HOMES) ON 4.1 ACRES OF UNPLATTED LAND OUT OF SECTION 28, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (23.) ORDINANCE #2003-00119—ZONE CASE NO. 2986 (8202 Zadar Avenue): Request of Gary McAllister for a zoning change from T to IHC on Lot 1, Westcom Commercial Estates Addition (second and final reading). The next item considered was Item 25. ORDINANCE NO. 2003-00119 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2986; A ZONING CHANGE FROM T TO IHC ZONING ON LOT 1, WESTCOM COMMERCIAL ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (24.) Ordinance No. 2003-00124 amending Section 16-175.2 of the Code of Ordinances of the City of Lubbock, Texas, with regard to the establishment of school zones. This item was moved from consent agenda to regular agenda and was considered following Item 28. ORDINANCE NO. 2003-00124 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. In May 2003, two new school zones were added, and in the process staff made an administrative mistake leaving out several school zones that had been added by a previous ordinance. This revision corrects the previous mistake and makes several minor adjustments to other existing school zones making the ordinance consistent with what is on the ground. Staff has field checked this corrected ordinance to make sure staff now have all the school zones in the city included in this ordinance. FISCAL IMPACT: None. Administrative correction of existing school zones - no new locations added that had not previously been authorized and funded by the Council. The Traffic Engineering Department and Legal Department recommended approval of the first reading of this ordinance. Mayor Pro Tern Hernandez asked if an assessment/evaluation had been done to see if a school zone needed to be put in place. Craig Farmer, Managing Director of Planning & Transportation, stated this had been taken care of and this information would be brought back to Council. 487 Regular City Council Meeting November 6, 2003 Page 488 Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2003-00124 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 27. (25.) Ordinance No. 2003-00123 abandoning and closing a 60-foot wide drainage easement located in Section 25, Block E-2, Lubbock County, Texas (5620 102"d Street) first reading). This item was considered following Item 23. ORDINANCE NO. 2003-00123 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT LOCATED IN SECTION 25, BLOCK E-2, 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 an east -west 60-foot wide by 300-foot long drainage easement that is located just east of Elkhart Avenue, in what will be 102"d Street once this area is platted. This drainage easement was dedicated in 1994 as part of the plat requirements of the West Lake Estates plat and is no longer needed due to the platting of the Meadows South Addition. FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the first reading of this ordinance. (26.) Resolution No. 2003-RO497 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and the Broadway Festivals, Inc. from the Community Development Block Grant. RESOLUTION NO.2003-RO497 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and Broadway Festivals, Inc. from the Community Development Block Grant (CDBG) Program and all related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 488 Regular City Council Meeting November 6, 2003 Page 489 Passed by the City Council this 6th day of November, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the contract is filed with Resolution No. 2003-R0497. Grantee: Broadway Festivals, Inc. Program: Facility Renovation Fundin Source: ource: 2003-2004 Community Development Block Grant Fiscal Impact: No impact to general fund, 100% grant funded. Use of Funds: This program is designed to assist in the renovation of the building located at 510 East Broadway. Amount: $50,000 Match: 25% Return of Investment: Return of Investment-25% of grant funds used will be paid back. Grantee will have the option of paying back in one lump sum 30-days after completion of the project or equal payments for up to 10 years with no interest charged. A service fee of $4 per month will be charged if making monthly payments. If the payment is not received by the 16a' day of the month, a late payment charge which shall be from day- to-day be equal to the lesser of: (a) 4% (the "Contract Rate"), or (b) the Maximum Rate. Notwithstanding the foregoing, if at any time the Contract Rate shall exceed the Maximum Rate, thereby causing the late payment to be limited to the Maximum Rate, then any subsequent reductions in the Contract Rate shall not reduce the rate of late payments accrued hereon equals the amount of late payments, which would have accrued hereon if the Contract Rate had at all times been in effect. _ The term "Maximum Rate," as used herein, shall mean, with respect to the holder hereof, the maximum nonusurious interest rate, if any, that at any time, or from time to time may under applicable law be contracted for, taken, reserved, charged or received on the indebtedness by this Contract. Use as a public facility - Grantee agrees to maintain facility in its use for a minimum of five years, or for the duration of the payback of the 25% whichever is longer. 489 Regular City Council Meeting November 6, 2003 Page 490 Terms: October 1, 2003 through September 30, 2004 Comments: Funding for this Contract was approved by City Council at the June 12, 2003 City Council meeting. The contract is available for review in the City Secretary's Office. FISCAL IMPACT: No impact to general fund, 100% grant funded. Community Development recommended the approval of this resolution. The next item considered was Item 28. (27.) Resolution No. 2003-RO499 authorizing the Mayor to execute an amended agreement with Enprotec, Inc. for professional engineering services related to environmental remediation of various sites on City property. This item was moved from consent agenda to regular agenda and was considered following Item 24. RESOLUTION NO. 2003-RO499 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 Contract for Environmental Engineering Services, by and between the City of Lubbock and Enprotec, Inc. and related documents. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein in and shall be included in the minutes of the City Council. Passed by the City Council this 6th day of November, 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 A copy of the Amendment is filed with Resolution No. 2003-R0499. The amended agreement provides for engineering services for remediation sites that are not reimbursable by the Texas Commission on Environmental Quality (TCEQ), authorizes engineering services related to the former West Texas Aviation site at Lubbock Municipal Airport, and modifies professional services fees originally established eight years ago. 490 Regular City Council Meeting November 6, 2003 Page 491 In November 1995, the City entered into an agreement with Enprotec, Inc. for provision of state -required engineering services/remediation of fuel spills related to leaking underground storage tanks at various City facilities, including Cooke (formerly Holly) Power Plant. The original contract specified that all charges must be eligible for reimbursement by the state environmental agency, but Cooke is not reimbursement eligible due to the fact that the fuel that was spilled was not subject to a special highway tax. According to law, the site must be remediated nonetheless, and this amendment cleans up contract language allowing same. As TCEQ has announced intention to phase out the reimbursement program entirely in the near future, the amended agreement will also allow efficient environmental remediation of other nonreimbursable City sites as well. This agreement also authorizes remediation of environmental contamination recently reported at the former West Texas Aviation site at Lubbock Municipal Airport, and provides for an update of the original professional fee schedule. Professional fees will be specified as a range that generally begins at, or close to, the level set eight years ago, ranging to a maximum of sixteen to twenty-six percent above levels set eight years ago. No work will be done at any site prior to approval of a written scope of work and cost estimate by an authorized representative of the City. FISCAL IMPACT: Professional services fee adjustment as discussed in paragraph three. Final cost of remediation dependent upon scope of work approved by TCEQ. Staff recommended approval of this resolution. Dan Dennison, Environmental Compliance, gave staff comments. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO499 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Mayor McDougal was away from the dais. The next items considered were Items 32-34. (28.) Resolution No. 2003-RO498 to amend and extend the City's contract with Physicians Network Association (PNA) until September 30, 2004. This item was considered following Item 26. RESOLUTION NO.2003-RO498 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 Contract between the City of Lubbock and Physicians Network Association for medical services at the City of Lubbock Temporary Holding Facility, and 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. 491 Regular City Council Meeting November 6, 2003 Page 492 Passed by the City Council this 6th day of November 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tom Mann Tom Mann Assistant Chief, Lubbock Police Department APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2003-R0498. PNA provides medical services including intake -screening forms, on call licensed vocational nurse, access to a physician, nurse practitioner, or physician assistant, suicide assessment, etc. for the Police Department Detention Facility. FISCAL IMPACT: This is a budgeted item ($20,000). The Police Department recommended continuing this contract. The next item considered was Item 24. (29.) Consider a request by Rick Betenbough for special handling of garbage collection for lots 497 - 500 Shadow Hills Addition. This item was moved to Regular Agenda as Item No. 43A. (30.) Resolution No. 2003-RO496 authorizing the Mayor to execute a contract with Parkhill, Smith & Cooper, Inc. to provide architectural and engineering services for the North University Gateway Enhancement Project. This was the first item considered after the Pledge to the flags and prior to Board Appointments Recognition. RESOLUTION NO.2003-R0496 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 between the City of Lubbock and Parkhill, Smith and Cooper, Inc. to provide architectural and engineering services for the North University Gateway Enhancement Project. 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. 492 Regular City Council Meeting November 6, 2003 Page 493 Passed by the City Council this 6th day of November 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craip, Farmer Craig Farmer Managing Director of Planning & Transportation APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Contract is filed with Resolution No. 2003-R0496. This resolution is to contract with Parkhill, Smith & Cooper, Inc. (PSC) to develop the design and construction documents for the North University Gateway Enhancement Project. The staff used the Request For Proposal (RFQ) process and PSC was selected as the firm for this project. This is a street enhancement project; therefore, the work will be performed in the Right -of -Way on the property located at 2422 3`d Street and 210 University. The purpose of this project is to create a festive gateway element introducing this area of the community. The scope of this contract will include design development, bid documents, and project supervision. A copy of the contract is attached. FISCAL IMPACT: The fee for this contract is $53,850. A Streets Capital Project approved in the 1999 Bond Election is funding this project. The City will be providing maintenance services for landscaping, irrigation, and street lighting. The estimated cost for maintenance is $4,700 per year. Staff recommended approval of this resolution. Mayor Pro Tem Hernandez expressed his appreciation of Council's support of this program. Motion was made by Mayor Pro Tem Hernandez, seconded by Council Member Patterson to pass Resolution No. 2003-R0496 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Patterson again recognized the Cavazos Junior High Cavalier Leadership Club, who had stayed for the voting of this resolution. Council also expressed what a great presentation this club had made to them earlier during Citizen Comments. Next item considered was Board Appointments Recognition. 493 Regular City Council Meeting November 6, 2003 Page 494 (31.) BID #190-03/DC — Consider three resolutions for Repair or Replacement of High Energy Units (Community Development). This item was moved to Regular Agenda as Item No. 38A. ORDINANCES FOR PASSAGE Second Reading Items 32-34 were considered following Item 27 (32.) ORDINANCE #2003-00120—ZONE CASE NO. 2952-A (north of Erskine Street and east and west of Slide Road): Request of McDougal Construction Ltd. (for Sierra Plateau, Ltd.) for a zoning change from R-1, R-2, and R-1 Specific Use to R-1 Specific Use (for single-family homes with 20-foot front setbacks on regular lots, 5-foot front setbacks on cul-de-sac lots and 5-foot side setbacks on corner lots adjacent to side streets) on 456.6 acres of unplatted land out of Sections 5 and 6, Block JS. ORDINANCE NO.2003-00120 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2952-A; A ZONING CHANGE FROM R-1, R-2, AND R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR SINGLE-FAMILY HOMES ON 456.6 ACRES OF UNPLATTED LAND OUT OF SECTION 5 AND 6, BLOCK JS, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00120 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Mayor McDougal recused himself. (33.) ORDINANCE #2003-00121—ZONE CASE NO. 2585-B (northeast corner of 8th Street and University Avenue): Request of McDougal Construction Ltd. (for McCanton Wood L.C.) for a zoning change from CB-2 Specific Use to CB-2 Specific Use for a branch bank facility with a motor bank on Tract C2, Overton Park Addition. ORDINANCE NO. 2003-00121 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2585-13; A ZONING CHANGE FROM CB-2 SPECIFIC USE TO CB-2 SPECIFIC USE FOR A BRANCH BANK FACILITY WITH A MOTOR BANK ON TRACT 2C, OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00121 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Mayor McDougal recused himself. Regular City Council Meeting November 6, 2003 Page 495 ADMINISTRATIVE SERVICES Community Services (34.) Resolution No. 2003-RO500 supporting the Candlelight Ceremony and Dedication of the Lubbock Area Veterans War Memorial to be held on December 6th and 7th at Henry Huneke Park. RESOLUTION NO.2003-RO500 WHEREAS, American Legion George S. Berry Post #575 and the City of Lubbock, desire to honor and remember the men and women who have served their country in times of armed conflict with a candlelight ceremony on the evening of December 6, 2003, at the Lubbock Area Veteran's War Memorial at Henry Huneke Park; and WHEREAS, in addition, these men and women will receive recognition and honor in a special dedication ceremony at the Lubbock Area Veteran's War Memorial at Henry Huneke Park at 2:00 P.M. on the morning of December 7, 2003; and WHERERAS, the City Council of the City of Lubbock finds it to be in the public interest of the citizens of the City of Lubbock and a public purpose to support the special ceremonies remembering the men and women who have served their country in times of armed conflict and honoring the veterans of Lubbock and the surrounding area; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby expresses its approval and support for the proposed candlelight ceremony at 6:30 P.M. on December 6, 2003 at the Lubbock Area Veteran's War Memorial at Henry Huneke Park to honor and remember the men and women who have served their country in times of armed conflict and a special dedication ceremony at 2:00 P.M. on December 7, 2003 at the Lubbock Area Veteran's War Memorial at Henry Huneke Park to honor veterans of Lubbock and the surrounding area. The City Council hereby approves and authorizes the performance of a flyover in conjunction with the ceremonies on December 6 and 7, 2003. The City Council hereby further approves and authorizes the use of Henry Huneke Park and City equipment, including four trolleys from Citibus, and staff, including Officers of the Lubbock Police Department, in cooperation with American Legion George S. Berry Post #575 in the planning and conduct of the ceremonies on December 6 and 7, 2003. 495 Regular City Council Meeting November 6, 2003 Page 496 Passed by the City Council this 6th day of November, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell, Community Services Director APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney On December 13, 2001, the City Council approved a resolution supporting the construction of the Lubbock Area Veterans War Memorial at Henry Huneke Park. The American Legion George S. Berry Post #575 has raised the funding and coordinated the construction of the Veterans War Memorial. The Veterans War Memorial recognizes veterans of Lubbock and the surrounding area. The memorial also consists of a granite wall upon which the names of veterans that have sacrificed their lives in the line of duty will be engraved. Also, engraved bricks have been purchased recognizing veterans. The Memorial also consists of a meditation area, landscaping, and lighting. The location for the Veterans Memorial is the eastside of Henry Huneke Park. A memorial Candlelight Ceremony is planned for December 6, 6:30 p.m., at the Veterans War Memorial. The Dedication Ceremony for the Memorial is scheduled for December 7, beginning at 2:00 p.m. It is anticipated that both events will be well attended. Due to limited parking in the vicinity of Henry Huneke Park, remote parking will be encouraged. Four trolleys from Citibus are requested to transport visitors from the parking areas to the Memorial. Approval of a flyover is also requested for the Dedication Ceremony. FISCAL IMPACT: City of Lubbock staff, equipment, and four trolleys from Citibus are requested for assistance to plan and conduct the event. The estimated cost for these services is $2,280. Staff recommended approval of this resolution. Randy Truesdell, Parks and Recreation Director, gave staff comments. He also recognized Phil Price and Andrea Lacey with Price Communications and members of American Legion Post 575.. Council Member Morrison suggested that City Council prepare a recognition to be presented at the ceremony. Mayor Pro Tern Hernandez asked Mr. Truesdell to take care of this matter. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to pass Resolution No. 2003-R0500 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Regular City Council Meeting November 6, 2003 Page 497 Mayor McDougal was away from the dais. The next item considered was Item 37. Other (35.) Ordinance No. 2003-0 enacting provisions to manage and receive compensation for the use of the public rights -of -way within the City of Lubbock by operations of Open Video Systems first reading). This item was deleted. (36.) Ordinance No. 2003-0 granting 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. FINANCE Budget and Research (37.) Ordinance No. 2003-00125 amending the FY 03-04 Budget. This item was considered following Item 34. ORDINANCE NO.2003-00125 AN ORDINANCE MAKING CHANGES IN THE FY 2003-04 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. With the closure of several projects in the General Fund at the end of the 02-03 Fiscal Year, $165,514 was made available. The City Council will — designate the funding as desired. The specific changes will be noted in the 2nd reading of the ordinance. FISCAL IMPACT: Specific changes will be noted in the 2nd reading of the ordinance by the designation of the City Council. Staff recommended approval of the first reading of this ordinance. Mayor McDougal and Council Members Boren and Martin arrived at the dais. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00125 as recommended by staff. After discussion, Council Member Morrison amended his previous motion, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00125 as follows: 1) Street Lighting North Quaker, $25,000; 2) Former Budget Office Renovation, $70,000; 7) City Secretary Vault, $40,000; 8) Demolition of old council chambers at the Police Department, $6,000 totaling $141,000, with the remainder of the $165,514 going towards 11) Streets Building at Municipal Hill. The above numbers were based on a list provided City Council by the Budget Office. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 38A, followed by Items 39-44. 497 Regular City Council Meeting November 6, 2003 Page 498 Other (38.) Ordinance No. 2003-00122 transferring funds from the Hotel -Motel Tax Reserve fund balance in the amount of $175,000 to serve as funding for the 2004 Buddy Holly Festival. This item was the first item considered following Citizen Appearances. ORDINANCE NO. 2003-00122 AN ORDINANCE MAKING CHANGES IN THE FY 2003-04 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. At the October 9th Work Session, the Entertainment Lubbock Task Force made a presentation regarding the 2004 Buddy Holly Music Festival. At that time, the task force requested funding of $225,000 from the City of Lubbock to assist in this annual festival. Of this amount, $175,000 has been identified as being funded by Hotel -Motel Tax Reserve Fund Balance and the remaining $50,000 has been requested from Market Lubbock, Inc. The Entertainment Lubbock Task Force strongly believes that the funds need to be committed so that the planning for the 2004 Festival can begin immediately. The approval of the $175,000 will leave approximately $25,000 remaining in the Hotel -Motel Tax Reserve Fund Balance through September 2004. Staff recommended that the Lubbock Entertainment Task Force oversee the administration of these funds. Appointment of the oversight committee will be considered at the November 17`h City Council meeting. FISCAL IMPACT: The Hotel -Motel Tax Reserve Fund Balance will be reduced by $175,000. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Ordinance No. 2003-00122 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Patterson stated that he would be leaving the meeting at 11:30 A. M. to enjoy lunch with the First Annual Miss Juneteenth Scholarship Pageant contestants. The next items considered were Items 16- 23, 25, 26, and 28. MISCELLANEOUS Miscellaneous (38A.) Resolution No. 2003-R0501; Resolution No. 2003-R0502; Resolution No. 2003-R0503BID #190-03/DC —for Repair or Replacement of High Energy Units (Community Development). This item was considered following Item 37. 498 Regular City Council Meeting November 6, 2003 Page 499 RESOLUTION NO. 2003-RO501 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for community development repair or replacement of high energy units, per ITB #190- 03/DC, by and between the City of Lubbock and Arlin Terrell Plumbing of Lubbock, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 6th day of November, 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 Letter of Award is filed with Resolution No. 2003-R0501. RESOLUTION NO.2003-RO502 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for community development repair or replacement of high energy units, per ITB #190-03/DC, by and between the City of Lubbock and Planks A/C of Lubbock, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. mWe Regular City Council Meeting November 6, 2003 Page 500 Passed by the City Council this 6th day of November, 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 Letter of Award is filed with Resolution No. 2003-R0502. RESOLUTION NO.2003-RO503 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for community development repair or replacement of high energy units, per ITB 4190-03/DC, by and between the City of Lubbock and Bruce Thornton A/C, Inc., of Lubbock, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 6th day of November, 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 Letter of Award is filed with Resolution No. 2003-R0503. 500 Regular City Council Meeting November 6, 2003 Page 501 This bid establishes unit pricing for the State of Texas Comprehensive Energy Assistance Program (CEAP) repair, replacement, or retrofit of inefficient Heating and cooling systems, water heaters, and refrigerators. The program promotes energy efficiency and the goal is to reduce energy usage for low-income persons. The work for this grant must be completed by December 31, 2003. The bid is divided into three areas: Heating and Cooling (Categories A-G on the tab sheet), Water Heaters (Category H on the tab sheet), and Refrigerators (Category I on the tab sheet). For each of the three areas, a primary and secondary contractor was specified in order to assist in meeting the deadline of the grant. One item in Category F (Electric Central Air and Heat Pumps) for a SEER 10 one -ton heat pump was deleted for consideration due to its size. Instead, the City will purchase either a 10,000 BTU or a 12,0000 BTU window unit included in Category A (Air Conditioning Units). Recommendation of the primary and secondary contractors shown on the tab sheets is based on the total low bid of all items within each of the three categories. The actual expenditure for the program will be dependent on the number and types of repairs, replacements, or retrofits and shall not exceed the amount funded by the grant. Planks A/C of Lubbock, Texas and Arlin Terrell Plumbing of Lubbock, Texas submitted tie bids for Category H (second -low bid) and for Category I (low bid). Texas Local Government Code requires that, if two or more of the bidders submitting identical bids are residents of the municipality, the municipality must select one of those bidders by the casting of lots. Therefore, the name of the successful bidder as the secondary contractor for Category H and the names of the successful bidders as the primary and secondary contractors for Category I will be selected by City Council during the Council meeting. Forty-five local contractors were notified of the Invitation to Bid. FISCAL IMPACT: This program is fully funded by grant funds and will have no impact on general funds. A total of $438,703 was appropriated and $183,100 is available in project number 82006 (CEAP Grant) for this purpose. The prices are good for one year and should allow us to continue the program next year provided the City receives the CEAP grant again. Award bid for Category A-G to Planks A/C of Lubbock, Texas as the primary contractor; bid for Category A-G to Arlin Terrell Plumbing of Lubbock, Texas as the secondary contractor; bid for Category H to Bruce Thornton A/C of Lubbock, Texas as the primary contractor; tie bid for Category H to either Planks A/C of Lubbock, Texas or Arlin Terrell of Lubbock, Texas as the secondary contractor; tie bid for Category I to either Planks A/C of Lubbock, Texas or Arlin Terrell Plumbing of Lubbock Texas as the primary contractor; and tie bid for Category I to either Planks A/C of Lubbock, Texas or Arlin Terrell Plumbing of Lubbock Texas as the secondary contractor. Nancy Haney, Community Development Director, gave staff comments. Victor Kilman, Purchasing Manager, stated that due to the fact that tie bids had been received in two areas of this contract, the Texas Local Government Code requires that if this happens, the bidders must be selected by the casting of lots. 501 Regular City Council Meeting November 6, 2003 Page 502 Alicia Williams, 2003 Miss Juneteenth, drew names out of an envelope, which resulted as follows: Planks A/C for Category H, secondary contractor, and Arlin Terrell Plumbing for Category I, primary contractor. Motion was made by Council Member Gilbreath, seconded by Council Member Patterson to pass Resolution Nos. 2003-R0501, 2003-RO502 and 2003-RO503 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. PLANNING AND TRANSPORTATION Aviation (39.) Resolution No. 2003-RO5041BID #153-03/BM—for Aircraft Rescue & Fire Fighting Vehicle (Aviation) RESOLUTION NO.2003-RO504 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 an aircraft rescue and fire fighting vehicle, by and between the City of Lubbock and Oshkosh Truck Corporation of Oshkosh, Wi. and related documents. Said Purchase Order is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 6th day of November, 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 Purchase Order is filed with Resolution No. 2003-R0504. This bid was for the purchase of a new a 1,500-gallon water capacity and 200 gallon foam capacity Aircraft Rescue Fire Fighting (ARFF) vehicle for the Lubbock International Airport fire station. The vehicle will include a high -reach extendable and articulating turret with a piercing nozzle to penetrate the fuselage of an aircraft to fight interior fires. This purchase will allow the airport to retire a 1972 ARFF vehicle that has reached the end of its useful life. The equipment to be replaced is maintenance intensive and parts are no longer available. 502 Regular City Council Meeting November 6, 2003 Page 503 The low bidder has agreed to sell this item to other governmental entities that have cooperative purchasing agreements with the City of Lubbock. Two local vendors were notified of the Invitation to Bid. FISCAL IMPACT: The Federal Aviation Administration is funding the purchase of this vehicle. A total of $706,250 was appropriated and $706,250 is available in project number 90186 (Acquire ARFF Truck & Equipment) for this purpose. Award bid to Oshkosh Truck Corporation of Oshkosh, Wisconsin for $619,942. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2003-RO504 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. Citibus Liaison (40.) Resolution No. 2003-RO505 authorizing the Mayor to execute an amendment to Federal Transit Administration FY 2002 Section 5309 Discretionary Grant #TX-03-0237-00. RESOLUTION NO.2003-RO505 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 Federal Transit Administration FY 2002 Section 5309 Discretionary Grant, TX-03-0237-00. Said Grant is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 6th day of November 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 & Training APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Grant is filed with Resolution No. 2003-R0505. As part of a FY 2003 Section 5309 Discretionary Grant the Federal Transit Administration (FTA) has allocated $1,165,000 to the City of 503 Regular City Council Meeting November 6, 2003 Page 504 Lubbock/Citibus. These funds are to be used for Phase III of the Texas Tech Park and Ride Lot. The FTA wishes to amend the FY 2002 Discretionary Grant #TX-03-0237-00 to include FY 2003 funds. This would bring the total of the grant to $2,155,029. Approval of the amendment would change the grant number to TX-03-0237-01. The lighted Park and Ride Lot will have approximately 1,500 parking spaces, bike racks, passenger amenities, and a dedicated bus lane. Citibus will shuttle students, faculty, and visitors from the lot to the main campus for classes and special events. Federal Transit Administration regulations require that all grants must be applied for and executed electronically. Toll credits from the Texas Department of Transportation were used for the local match for Phase II of the Park and Ride Lot. However, toll credits are not an option for the Phase III match. Therefore, Texas Tech University and University Medical Center will provide the $720,000 match for this project. This means that no local funds will be required from the City. FISCAL IMPACT: No additional cost to the City of Lubbock. Citibus recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2003-RO505 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. (41.) Resolution No. 2003-RO506 authorizing the Mayor to execute a Federal Transit Administration FY 2003 Section 5309 Discretionary Grant, #TX-03-0251-00. RESOLUTION NO.2003-RO506 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 Federal Transit Administration FY 2003 Section 5309 Discretionary Grant, TX-03-0251-00. Said Grant is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 504 Regular City Council Meeting November 6, 2003 Page 505 Passed by the City Council this 6th day of November 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 & Training APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Grant is filed with Resolution No. 2003-R0506. The Federal Transit Administration (FTA) has allocated $802,358 to the City of Lubbock/Citibus as part of a FY 2003 Section 5309 Discretionary Grant, #TX-03-0251-00. The funds are to be used to purchase expansion buses. The funds will be combined with a $499,388 Texas Department of Transportation (TxDOT) 5309 Capital Investment Program grant, which was approved by the City Council on August 6, 2003. An increase in the Citibus fleet is necessary to provide or expand service on the Texas Tech campus. The new vehicles, however, are scheduled to be placed in service on the fixed routes rather than on campus service. In accordance to State of Texas guidelines, the new buses will be alternative fuel vehicles; of the approved options Citibus has selected ultra low sulfur diesel. Federal Transit Administration regulations require that all grants must be applied for and executed electronically. Citibus made an application to TxDOT for toll credits that would provide the local match. In the event that the application is denied, existing budgeted funds will be used for the 20% match. Under no circumstances does Citibus anticipate that additional City funds will be required. FISCAL IMPACT: No additional cost to the City of Lubbock. Citibus recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2003-RO506 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. (42.) Resolution No. 2003-RO507 authorizing the Mayor to execute an amendment to the Interlocal Cooperative Agreement between the City of Lubbock and Texas Tech University for the Park and Ride Lot. 505 Regular City Council Meeting November 6, 2003 Page 506 RESOLUTION NO.2003-RO507 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 Interlocal Cooperative Agreement between the City of Lubbock and Texas Tech University for the Park and Ride Lot. 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. Passed by the City Council this 6th day of November 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 & Training APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2003-R0507. This amendment will amend the Interlocal Cooperative Agreement between the City of Lubbock and Texas Tech University, approved by City Council on June 19, 2003. The design and construction of the Park and Ride Lot will be funded by Federal Transit Administration (FTA) grants. The grants for Phase I (TX-03-0226-00) and Phase II (TX-03-0237-00) of the Park and Ride Lot have been approved and executed by the City at previous City Council meetings. An amendment to the Phase II grant is on the agenda to be approved at the November 6`h City Council meeting. This amendment will allow the FY 2003 funds to be used by Texas Tech University for the Park and Ride Lot. FISCAL IMPACT: No additional cost to the City of Lubbock. Citibus recommended approval of this resolution. Motion was made by Council Member Martin seconded by Council Member Patterson to pass Resolution No. 2003-RO507 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais and had previously recused on this matter. 506 Regular City Council Meeting November 6, 2003 Page 507 Streets (43.) Consider a request of Max Ince for the City to accept the dedication of a private street as a public street, located north of 71" Street and west of Salem Avenue. This item was deleted. (43A.) Consider a request by Rick Betenbough for special handling of garbage collection for lots 497 - 500 Shadow Hills Addition. The subject lots are part of a new subdivision, which is adjacent to the Shadow Hills Golf Course. The golf course owners and subdivision residents do not want garbage collection containers on the utility easement adjacent to the golf course, and lots 497 - 500 will not have access to an adjacent alley. Mr. Betenbough is requesting approval to provide garbage collection for those lots in the alley north of Duke Street. This would require setting an extra dumpster in that alley, the dumpster that would normally serve the four lots. Similar requests have been previously approved on other phases of Shadow Hills and in Lakeridge Country Club Estates. The residents along the fairway are able to enjoy the view, but they do have to walk to the nearby alley to dispose of solid waste. Alternate dumpster location is allowed by the Code at Section 23-50. Council action provides a written record so that the circumstances can be explained if a future resident has a question. FISCAL IMPACT: There would be no fiscal impact on the City with this request. Staff recommended approval of this request. Council Member Boren returned to the dais. Motion was made by Council Member Gilbreath, seconded by Council Member Patterson to approve Item 43 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. PUBLIC SAFETY Fire (44.) Resolution No. 2003-R0508 authorizing the Mayor to execute a lease agreement with South Plains College (SPC), allowing the utilization of the fire training facilities owned by the City of Lubbock. RESOLUTION NO.2003-R0508 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 by and between the City of Lubbock and South Plains College, and any other 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 Council. 507 Regular City Council Meeting November 6, 2003 Page 508 Passed by the City Council this 6th day of November 2003. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Steve Hailey Steve Hailey, Fire Chief APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2003-R0508. The Lubbock Fire Department has been working with South Plains College to develop a joint firefighter certification program. Once completed, this program will allow the Fire Department to hire only certified firefighters, which will provide a cost savings to the City by not having to pay new firefighters while they are being trained, as well as other benefits. The concept is being utilized by more and more cities across the State. In order for the College to hold these classes, they must have, or have access to, an approved training facility, as per the Texas Commission on Fire Protection rules. This lease agreement will satisfy that requirement. As you are aware, this lease agreement was just renewed on August 6, 2003. Since that time, SPC has approached the fire department about transferring ownership of an airport crash fire truck to us, in lieu of paying the monthly classroom fee. After researching the value of this vehicle, it is recommended that a 5-year lease be granted in exchange for the vehicle. The Fire Department will be able to utilize this vehicle in the upcoming airport crash fire rescue school, and since it will not be subject to FAA restrictions, it could actually be used for responses inside the City (i.e. fuel tanker fire). This lease agreement would replace the agreement that was executed on August 6, 2003. FISCAL IMPACT: In looking at comparable used vehicles and their values, they fell within a range of $50,000 to $225,000, so the monetary value of $21,000 for the five-year classroom lease is beneficial to the City. The Fire Department recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2003-R0508 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next items considered were Items 45-49. 508 Regular City Council Meeting November 6, 2003 Page 509 BOARD APPOINTMENTS (45.) Consider two appointments to the Appointments Advisory Board. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to reappoint Debby May and Roshan Mehdiabadi to the Appointments Advisory Board. Motion carried: 7 Yeas, 0 Nays. (46.) Consider one appointment to the Board of Electrical Examiners. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to reappoint Mike Temple to the Board of Electrical Examiners. Motion carried: 7 Yeas, 0 Nays. (47.) Consider three appointments to the Central Business District TIF. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to reappoint Merle Blosser, Brent Noble and Jim Shearer to the Central Business District TIF. Motion carried: 7 Yeas, 0 Nays. (48.) Consider one appointment to the Lubbock Emergency Communications Board of Managers. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to reappoint Bob Wood to the Lubbock Emergency Communications Board of Managers. Motion carried: 7 Yeas; 0 Nays. (49.) Consider one appointment to the Planning & Zoning Commission. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to appoint Dr. Jewell Davis to the Planning & Zoning — Commission. Motion carried: 7 Yeas; 0 Nays. 11:10 A. M. CITY COUNCIL WORK SESSION CONVENED Council Chambers (50.) Discussion of Citibus' procurement issue regarding the use of a large bus versus a smaller bus. Jay Jacobus, Marketing Director of Scarborough Specialities, Inc. This item was deleted. (51.) Presentation of Traffic Signal Priorities as recommended by the Citizens Traffic Commission (per action at the October 21, 2003 Citizens Traffic Commission meeting). Jere Hart, City Traffic Engineer. This item was deleted. (52.) Presentation from Parkhill, Smith & Cooper, Inc. in regards to the Master Plan for improvements to Vaquero Lake (Canyon Lake Dam #4). Holly Holder, Professional Engineer. This item was deleted. (53.) Presentation on Environmental Compliance Department and program effectiveness. Dan Dennison and Steve Claybrook, Environmental Compliance. This item was deleted. 509 Regular City Council Meeting November 6, 2003 Page 510 (54.) Discuss the City of Lubbock's federal legislative consulting services. Bob Goodwin, Corporate Communications Manager. This item was deleted. (55.) Presentation of Contract Management. Bill de Haas, Contract Compliance. Bill de Haas, Contract Compliance, gave a presentation. (56.) Presentation on Customer Service Request System. Christopher Reed, Information Technology. This item was deleted. 11:20 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 2:15 P. M. CITY COUNCIL REGULAR SESSION RECONVENED 2:15 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Patterson made a motion and Mayor McDougal adjourned the meeting. Read and approved this day of M ATTEST: Re ecca Garza, City Secretary _ 510