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.
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(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):
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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
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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.
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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.
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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.
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(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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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(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