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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/5/2004CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2004 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 5th day of February, 2004, in the City Council Chambers, first floor, City Council Chambers, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:32 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem T. J. Patterson, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Victor Hernandez, Council Member Tom Martin, Council Member Frank W. Morrison Absent: No one CITIZEN COMMENTS No one expressed comments to the Council. 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; purchase, exchange, lease or value of real property; personnel; competitive matters of the public power utility; and review certified agenda from the prior executive session as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:33 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Electric Utilities; Gas Utilities; Information Technology; Parks; Stormwater). (2.) 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 (North Overton; Planning; Water Utilities). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager; City Secretary) and take appropriate action. ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Community Development and Services Board North Overton Tax Increment District Zoning Board of Adjustment ( 5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): Regular City Council Meeting February 5, 2004 Page 88 to deliberate, vote and take final action on a competitive matter regarding the sale and/or exchange of natural gas pipelines and natural gas service and transportation contracts by the City of Lubbock; to deliberate, vote and take final action on a competitive matter regarding personal service agreements for power brokering services provided to Lubbock Power and Light; 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 deliberate, vote and take final action on electric rates of Lubbock Power and Light. ( 6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.103, to review certified agenda from the prior executive session (City Secretary). 9:10 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 ( 6A.) Presentation by the Lubbock Electric Utility Governance Commission reporting their observations, findings, conclusions and recommendations regarding the governance and proper administration of the City's electric utility, Lubbock Power & Light. W. R. Collier, President and Chairman of the Board of American State Bank, and Carroll McDonald, Lubbock Power and Light (one hour). W. R. Collier gave a brief overview of the Lubbock Electric Utility Governance Commission's findings. He then introduced members of the Commission, who gave comments as follows: J. Q. Warnick, Jr. — General History of Lubbock's Electric Utility Efforts and Study Committees; John Zwiacher and Connie Wharton — Summary of Operations; and Mr. Collier — Solutions. A copy of the PowerPoint presentation and a transcript of the discussion following the presentation are attached to these minutes and made a part hereof. ( 6B.) Presentation by the Lubbock Chamber of Commerce regarding the amount of funding received from the Hotel Occupancy Tax for the purpose of funding the visitor information center administration. Eddie McBride, President of the Lubbock Chamber of Commerce This item was deleted. ( 6C.) Presentation by the Lubbock Sports Authority regarding an increase in the percentage of the Hotel Occupancy Funds allocated by the City of Lubbock. Jeff Chase, Director of Lubbock Sports Authority (20 minutes). Jeff Chase, Director of Lubbock Sports Authority, gave a PowerPoint presentation, a copy of which was provided in council backup. Council Member Morrison requested that the economic impact be broken out. For example, show a return for hotel/motel dollars. Regular City Council Meeting February 5, 2004 Page 89 Council recommended that more numbers be provided to them. Mayor McDougal requested that these numbers be brought back to Council as quickly as possible and by June at the latest. ( 6D.) Discuss the schedule and costs of the relocation of City owned utilities required for the Marsha Sharp Freeway project. Craig Farmer, Director of Planning/Transportation, and Sherry Stephens, Acting Director of Public Works (30 minutes). This item was deleted. ( 6E.) Discuss the False Alarm Ordinance. Claude Jones, Chief of Police (15 minutes). This item was deleted. 11:35 A. M. WORK SESSION RECESSED 11:44 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tern T. J. Patterson, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Victor Hernandez, Council Member Tom Martin, Council Member Frank W. Morrison; Quincy White, Acting City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: No one. Mayor McDougal called the meeting to order at 11:44 A. M. ( 7.) Invocation by Pastor Terry Nesmith, Senior Pastor of Faith Assembly of God Church. (8.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. BOARD APPOINTMENTS RECOGNITION MHMR Board of Trustees Receiving: Bobby Kazee CITIZEN APPEARANCES ( 9.} Presentation of a Special Recognition to the American Legion George S. Berry Post 575 and Auxiliary for their efforts in making the Lubbock Area Veterans War Memorial a reality for the people of Lubbock and West Texas. A Veterans Memorial for Lubbock has been a dream long held by the American Legion George S. Berry Post 575 and Auxiliary. Several years ago, Denver Blanscett, Post Commander, contacted then Mayor Windy Sitton regarding the feasibility of creating a veterans memorial to honor those individuals, who have served in our Armed Forces. Mayor Sitton embraced the idea and directed Denver Blanscett to Randy Truesdell, Parks and Recreation Director. It was decided that the Henry Huneke Park would be the location for the memorial, which would enhance the Freedom Fountain being constructed at this location. In December 2001, the City Council passed a resolution supporting the Lubbock Area Veterans War Memorial. Post 575 moved forward with the design and construction of the Memorial by contacting Jimmy Dirks, Architect with Cox/Dirks Architects, who donated his talents and designed the Memorial. The next obstacle was to raise the $1.7 million funds necessary to build the Memorial. American Legion Post 575 sold bricks for the Memorial wall at $125 each. After Regular City Council Meeting February 5, 2004 Page 90 much hard work, the Lubbock Area Veterans War Memorial was dedicated on December 7, 2003. The Memorial is a shining reminder of the sacrifices of the men and women, who have so willingly given of themselves for our country. This community owes American Legion George S. Berry Post 575 and Auxiliary a debt of gratitude for their untiring efforts in making this Veterans Memorial a reality. Denver Blanscett, Post Commander and members of the American Legion George S. Berry Post 575 and Auxiliary were present to accept this special recognition made by Mayor McDougal. Randy Truesdell, Parks and Recreation Director, also presented the members with a framed print of the Memorial and thanked them for their dedication to this project. (10.) Recognition of the Hispanic Chamber of Commerce Board and staff for their selfless work and dedication on behalf of the citizens of Lubbock. Members of the Hispanic Chamber of Commerce Board and staff, including Chamber President Esther Sepeda and Dela Esqueda, Board Chair, were present to receive recognition for their selfless work and dedication on behalf of the citizens of Lubbock made by Mayor McDougal. The next item considered was Item 12. (11.) Proclamation of February as African American History Month. This item was considered following Item 12. Mayor Pro Tem Patterson read the proclamation of "February as African American History Month". Mike Gunn accepted this proclamation. The next items considered were Consent Agenda Items 13-22. (12.) Recognition of the Community Development Department Board of Directors and staff for receiving the Audrey Nelson Community Development Achievement Award. This item was considered following Item 10. The City of Lubbock's Community Development Department recently received the Audrey Nelson Community Development Achievement Award for East Lubbock Economic Revitalization. The award was presented by the National Community Development Association in recognition of the exemplary and innovative use of Community Development Block Grant funds to address the needs of low and moderate -income families, homes, and neighborhoods. The award was presented on January 22, 2004 in Washington D.C. and was one of only fifteen awards presented to communities from across the nation. Nancy Haney, Community Development Director, her staff and the Community Development Department Board of Directors were present to receive recognition for receiving the Audrey Nelson Community Development Achievement Award. The next item considered was Item 11. CONSENT AGENDA (Items 13-22, 24-28, 30, 31B-32) These items were considered following Item 11. ZU Regular City Council Meeting February 5, 2004 Page 91 Motion was made by Council Member Morrison, seconded by Council Member Martin to approve Items 13-22, 24-28, 30, 31B-32 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (13.) Approval of Minutes: January 20, 2004 Special City Council Meeting January 22, 2004 Regular City Council Meeting (14.) ORDINANCE NO. 2004-00013—ZONE CASE NO. 2993 (Southeast corner of 82nd Street and Upland Avenue): Request of Hugo Reed and Associates, Inc. (for McQueen Company Realtors) for a zoning change from T to C-3 on 10.1 acres of unplatted land out of Section 27, Block AK (second and final reading). ORDINANCE NO. 2004-00013 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2993; A ZONING CHANGE FROM T TO C-2, C-3 AND GO ZONING ON 10.1 ACRES OUT OF SECTION 27, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (15.) ORDINANCE NO. 2004-00014—ZONE CASE NO. 2950-A (from North Clinton Avenue to North Brentwood Avenue between Erskine Street and Colgate Street): Request of Joel Wisian for a zoning change from R-2 Specific Use to A-1 Specific Use for duplexes on Lots 53-172, Fountainwood Addition (second and final reading). ORDINANCE NO. 2004-00014 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2950-A; A ZONING CHANGE FROM R-2 SPECIFIC USE TO A-1 SPECIFIC USE FOR DUPLEXES ON LOTS 53-172, FOUNTAINWOOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) ORDINANCE NO. 2004-00015—ZONE CASE NO. 2997 (7408 82nd Street): Request of Stephen Lampman for a zoning change from T to IHC on Lot 115-A, Rancho Verde Estates Addition (second and final reading). ORDINANCE NO. 2004-00015 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2997; A ZONING CHANGE FROM T TO IHC ON LOT 115-A, RANCHO VERDE ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (17.) ORDINANCE NO. 2004-00016—ZONE CASE NO. 1329-A (1617 27" Street): Request of Douglas Burns (for Carter Stanley) for a zoning change from A-3 and C-3 to C-2 Specific Use for a hotel and associated commercial uses on Lots 6-11 and 12-16, Block 14, O'Neill Terrace Addition (second and final reading). 91 Regular City Council Meeting February 5, 2004 Page 92 ORDINANCE NO. 2004-00016 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1329-A; A ZONING CHANGE FROM A-3 AND C-3 TO C-2 SPECIFIC USE FOR A HOTEL AND ASSOCIATED COMMERCIAL USES ON LOTS 6-11 AND 12-16, BLOCK 14, O'NEILL TERRACE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (18.) ORDINANCE NO. 2004-00017: Ordinance, proposed by Councilman Boren and Councilman Martin, amending Chapter 26 of the Code of Ordinances of the City of Lubbock, Texas, by adding a new Section 26- 13 providing for a limitation of ad valorem taxes on homesteads of disabled and elderly (second and final reading). ORDINANCE NO. 2004-00017 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING A NEW SECTION 26-13 PROVIDING FOR A LIMITATION OF AD VALOREM TAXES ON HOMESTEADS OF DISABLED AND ELDERLY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF. (19.) ORDINANCE NO. 2003-00087: Ordinance abandoning and closing a portion of 83`d Street located adjacent to the Glen Gay Addition to the City of Lubbock, and located in Section 15, Block E, Lubbock County, Texas (4610 83`d) (second and final reading). ORDINANCE NO. 2003-00087 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 83`d STREET LOCATED ADJACENT TO THE GLEN GAY ADDITION TO THE CITY OF LUBBOCK AND LOCATED IN SECTION 15, BLOCK E, 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. (20.) Ordinance No. 2004-00018 abandoning and closing a 20 foot garbage collection easement located in Section 8, Block E-2, Lubbock, County, Texas (4311 50th Street) first reading). ORDINANCE NO. 2004-00018 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20-FOOT GARBAGE COLLECTION EASEMENT LOCATED IN SECTION 8, 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 a 20 foot garbage collection easement that runs north -south along the west side of Lot 11, Drury Park Addition which is located just south of 50th Street and east of Quaker Avenue. This easement was dedicated by a separate dedication deed. This property is being re -platted for development purposes. The Solid Waste Department has reviewed this request and finds it acceptable. 92 Regular City Council Meeting February 5, 2004 Page 93 FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the first reading of this ordinance. (21.) Ordinance No. 2004-00019 abandoning and closing a Lubbock Power and Light (LP&L) Transformer Pad Easement located in Tract "L", College Avenue Co-op Addition to the City of Lubbock (8301 University Avenue) first reading). ORDINANCE NO. 2004-00019 AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT FOR LP&L LOCATED IN TRACT "L", COLLEGE AVENUE CO-0 ADDITION AND LOT E, HOBGOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes an LP&L Transformer Pad Easement located near the southeast corner of Tract "L", College Avenue Co-op Addition which is located just south of 82nd Street and east of University Avenue for re -plat purposes. This easement was acquired through the platting process of this subdivision and LP&L no longer needs it. FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the first reading of this ordinance. (22.) Ordinance No. 2004-00020 abandoning and closing a Lubbock Power and Light (LP&L) 5 foot Underground Utility Easement located in Lot 9C, Crow's Nest Addition to the City of Lubbock (5837 bth Street) first reading). ORDINANCE NO. 2004-00020 AN ORDINANCE ABANDONING AND CLOSING A 5 FOOT UNDERGROUND UTILITY EASEMENT FOR LP&L LOCATED IN LOT 9C, IN THE CROW'S NEST ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 5 foot LP&L Underground Utility Easement located along the east five feet of Lot 9C, Crow's Nest Addition which is located just west of Frankford Avenue and south of 4th Street. This area is being re -platted and LP&L no longer needs this easement that was acquired during the platting process of this subdivision. FISCAL IMPACT: None. 93 Regular City Council Meeting February 5, 2004 Page 94 The Right -of -Way Department recommended approval of the first reading of this ordinance. The next items considered were Items 24-28. (23.) Ordinance No. 2004-0 amending the FY 03-04 Budget by adding $25,000 from unallocated bond interest to the North University Enhancement Project first reading). This item was moved from consent agenda to regular agenda and was considered as Item 34B, following Item 31A. Items 24-28 were considered following Item 22. (24.) Resolution No. 2004-R0045 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and Catholic Family Services from the Community Service Block Grant. RESOLUTION NO.2004-R0045 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 Catholic Family Services for Self -Sufficiency and Administration of Co -Pay utility assistance program from the 2004 Community Service Block Grant 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. Passed by the City Council this 5th day of February, 2004. /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 Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0045. Grantee: Catholic Family Services Program: Self -Sufficiency and Administration of Co -Pay utility assistance program. Funding Source: 2004 Community Service Block Grant Regular City Council Meeting February 5, 2004 Page 95 Use of Funds: Self -Sufficiency - Provide assistance to single parents to transition them out of poverty. Co -Pay - Pay administrative costs for operating the Utility Assistance program. Amount: $180,222 - Self -Sufficiency, $12,340 Co -Pay Terms: From January 1, 2004 to December 31, 2004. Fiscal Impact: This will be 100% grant funded from two State grants. Should the funding be reduced or eliminated, the contract allows for the — City to reduce or discontinue the program so there would be no impact to general funds. Comments: Funding for this project was approved by the Community Development Services Board at the October 2003 meeting. The contract is available for review in the City Secretary's Office. Community Development recommended approval of this resolution. (25.) Resolution No. 2004-R0046 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and Contact Lubbock from the Community Service Block Grant. RESOLUTION NO. 2004-R0046 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 Contact Lubbock to provide information and referral phone service and red book from the 2004 Community Service Block Grant 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. Passed by the City Council this 5th day of February, 2004. /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 Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0046. Grantee: Contact Lubbock Program: Information and Referral 95 Regular City Council Meeting February 5, 2004 Page 96 Funding Source: 2004 Community Service Block Grant Use of Funds: Provide information and referral phone service and information and referral book. Amount: $60,700 Terms: From January 1, 2004 to December 31, 2004 Fiscal Impact: This will be 100% grant funded from a State grant. Should the funding be reduced or eliminated, the contract allows for the City to reduce or discontinue the program so there would be no impact to general funds. Comments: Funding for this project was approved by the Community Development Services Board at the October 2003 meeting. The contract is available for review in the City Secretary's Office. Community Development recommended approval of this resolution. (26.) Resolution No. 2004-R0047 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and Catholic Family Services from the Comprehensive Energy Assistance Program (CEAP) and Community Services Block Grant (CSBG). RESOLUTION NO. 2004-R0047 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 Catholic Family Services to — provide assistance to low income persons to assist with utility bills and to educate them to become energy efficient from the 2004 Comprehensive Energy Assistance Program and Community Services Block Grant 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. Passed by the City Council this 5th day of February, 2004. /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 Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0047 a Regular City Council Meeting February 5, 2004 Page 97 Grantee: Catholic Family Services Program: Utility Co -Pay Funding Source: 2004 Comprehensive Energy Assistance Program and Community Services Block Grant. Use of Funds: Provide funds to low-income persons to assist with utility bills and to educate them to become energy efficient. Amount: $54,060 CEAP funds, $12,340 in CSBG funds. Terms: From January 1, 2004 to December 31, 2004. Fiscal Impact: This will be 100% grant funded from two State grants. Should the funding be reduced or eliminated, the contract allows the City to reduce or discontinue the program so there would be no impact to general funds. Comments: Funding for this project was approved by the Community Development Services Board at the January 2004 meeting. The contract is available for review in the City Secretary's Office. Community Development recommended approval of this resolution. (27.) Resolution No. 2004-R0048 authorizing the Mayor to execute a Community Development Funding Contract, and all related documents, between the City of Lubbock and Lutheran Social Services of the South from the Comprehensive Energy Assistance Program (CEAP) and Community Services Block Grant (CSBG). RESOLUTION NO. 2004-R0048 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 Lutheran Social Services of the South to provide utility assistance qualified low income persons and families from the 2004 Comprehensive Energy Assistance Program and Community Services Block Grant 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. Passed by the City Council this 5th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancv Hanev Nancy Haney, Community Development Manager 97 Regular City Council Meeting February 5, 2004 Page 98 APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R000048. Grantee: Lutheran Social Services of the South Program: Elderly/Disabled and Crisis Utility Assistance Funding Source: 2004 Comprehensive Energy Assistance Program and Community Services Block Grant. Use of Funds: Provide Utility assistance to qualified low-income persons and families. Amount: $133,780 CEAP, $28,263 CSBG Terms: From January 1, 2004 to December 31, 2004 Fiscal Impact: This will be 100% grant funded from two State grants. Should the funding be reduced or eliminated, the contract allows for the City to reduce or discontinue the program so there would be no impact to general funds. Comments: Funding for this project was approved by the Community Development Services Board at the January 2004 meeting. The contract is available for review in the City Secretary's Office. Community Development recommended approval of this resolution. (28.) Resolution No. 2004-R0049 authorizing the Mayor to execute a _ Community Development Funding Contract, and all related documents, between the City of Lubbock and Life Run Independent Living from the Comprehensive Energy Assistance Program (CEAP) and Community Services Block Grant (CSBG). RESOLUTION NO.2004-R0049 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 Life Run Independent Living to provide utility assistance qualified low income persons and families from the 2004 Comprehensive Energy Assistance Program and Community Services Block Grant 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. Passed by the City Council this 5th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary Regular City Council Meeting February 5, 2004 Page 99 APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney, Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0049. Grantee: Life Run Independent Living Program: Elderly/Disabled Utility Assistance Funding Source: 2004 Comprehensive Energy Assistance Program and Community Services Block Grant. Use of Funds: Provide Utility assistance to qualified low-income persons and families. Amount: $30,000 CEAP, $4,800 CSBG Terms: From January 1, 2004 to December 31, 2004 Fiscal Impact: This will be 100% grant funded from two State grants. Should the funding be reduced or eliminated, the contract allows for the City to reduce or discontinue the program so there would be no impact to general funds. Comments: Funding for this project was approved by the Community Development Services Board at the January 2004 meeting. The contract is available for review in the City Secretary's Office. Community Development recommended approval of this resolution. The next item considered was Item 30. (29.) Resolution No. 2004-R0053 authorizing the Mayor to execute a Loan Agreement, and all related documents, between the City of Lubbock and Mr. Patrick Kelly d/b/a Paddy's Original Philly Cheese Steak from the Economic Development Funds Program. This item was moved from consent agenda to regular agenda and was considered following Item 33. RESOLUTION NO.2004-R0053 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Loan Agreement, by and between the City of Lubbock and Mr. Patrick J. Kelly d/b/a Paddy's Original Cheese Steak, from the Economic Development Funds Program and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Regular City Council Meeting February 5, 2004 Page 100 Passed by the City Council this 5th day of February, 2004. /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 Agreement is filed with Resolution No. 2004-R0053. The Economic Development Sub -committee of the Community Development Services Board (CDSB) met and approved a packet submitted by Mr. Patrick Kelly. The Sub -committee approved a loan for $52,500. The restaurant will be located at 1101 Main Street. The Economic Development Funds Program was established during a previous allocation of Community Development Block Grant (CDBG) funds. The purpose of the program is to provide needed capital for area businesses at a reduced interest rate. By agreeing to the terms of this loan, the business owner accepts his/her responsibility of retaining or creating one job for every $35,000 borrowed. This job must be made available to persons of low -to -moderate income. The Promissory Note was provided in council backup. FISCAL IMPACT: There is no impact to the General Fund. All funds originate from the City of Lubbock's allocation of the Community Development Block Grant (CDBG). Council's approval will simply allow staff to extend the loan funds to Mr. Kelly. Community Development recommended approval of this resolution. Nancy Haney, Community Development Director, gave staff comments. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass Resolution No. 2004-R0053 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next items considered were Item 31-31A. (30.) Resolution No. 2004-R0050 authorizing the City Council to approve an agreement and authorizing the Mayor to execute all related documents with the South Plains Association of Governments as related to pass - through funds from the Texas Department on Aging (TDOA). This item was considered following Item 28. 100 Regular City Council Meeting February 5, 2004 Page 101 RESOLUTION NO. 2004-R0050 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with the South Plains Association of Governments (SPAG) for pass through funds from the Texas Department of Aging and any associated documents, a copy of which Contract is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 5th day of February, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Corbin Pemberton Corbin Pemberton, Parks and Recreation Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Contract is filed with Resolution No. 2004-R0050. The City of Lubbock has contracted with the South Plains Association of Governments (SPAG) for the past 24 years to provide services for the senior citizens population. SPAG serves as the pass -through agency for federal funds from the Texas Department on Aging (TDOA). The City of Lubbock's Senior Program targets any citizen 60 years of age or older to provide a hot meal, transportation, recreational, and social activities. Meals are currently supplied by ARAMARK Educational Services, Inc., and are due to be rebid by April 3, 2004. The FY 2003-04 agreement with SPAG provides reimbursement for meals and transportation. Staff anticipated serving approximately 72,000 meals and approximately 6,500 units of transportation. The reimbursement rates from SPAG are as follow: Congregate Meals - approximately 24,598 eligible units at $4.27 per unit for $105,000. Transportation — 1,018 eligible units at $6.87 for $7,000. The total estimated revenue to the City of Lubbock from the SPAG contract is: Congregate Meals - $105,000 Transportation - $ 7,000 Donations - $ 65,553 $177,553 Monetary donations are accepted from those individuals who utilize meal and transportation services. 101 Regular City Council Meeting February 5, 2004 Page102 FISCAL IMPACT: The acceptance of this contract allowed for needed services to be provided to the senior citizen population by providing for approximately $177,553 worth of meal service, transportation, and administration costs. Staff recommended approval of this resolution. The next items considered were Items 3111-32. Items 31-31A were considered following Item 29. (31.) Resolution No. 2004-R0054 authorizing the Mayor to approve the Second Amendment to the Wholesale Wastewater Interlocal Contract by and between the City of Lubbock and the Lubbock Reese Redevelopment Authority. This item was moved from consent agenda to regular agenda and was considered following Item 29. RESOLUTION NO.2004-R0054 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 Second Amendment to Wholesale Wastewater Interlocal Contract between the City of Lubbock and Lubbock Reese Redevelopment Authority, and any other related documents. Said Second 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 5th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Sherry Stephens Sherry Stephens Acting Director of Public Works APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the Second Amendment is filed with Resolution No. 2004-R0054. The purpose of this amendment is to allow the modification of Sections 5.1, 6.1, and 7.1 of the Wholesale Wastewater Interlocal Contract between the City of Lubbock and the Lubbock Reese Redevelopment Authority (LRRA). The amendment clarifies LRRA's responsibility to set a meter for services when required by the City of Lubbock (Sec. 5.1) and authorizes the City Manager or his designee, instead of City Council, to approve any variation 102 Regular City Council Meeting February 5, 2004 Page 103 in the determination of flow measurement (Sec. 6.1) and any variation in the rate paid for wastewater treatment (Sec. 7.1). FISCAL IMPACT: The proposed amendment would expedite the process of establishing the method for flow determination as well as establishing the rate of payment when alternate methods of billing are necessary. City staff recommended approval of this resolution. Sherry Stephens, Acting Director of Public Works, gave staff comments. Motion was made by Council Member Gilbreath, seconded by Council Member Patterson to pass Resolution No. 2004-R0054 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (31A.) Resolution No. 2004-R0055 ratifying the work performed by Texas Water Development Company L.L.C. (Water Texas) for additional work performed with regard to drought contingency planning, amending the City's agreement with Water Texas, and authorizing payment for same. This item was moved from consent agenda to regular agenda and was considered following Item 31. RESOLUTION NO. 2004-R0055 WHEREAS by Resolution No. 2003-R0113 (the Resolution) dated March 5, 2003, the City Council of the City of Lubbock entered into a contract for consulting services with WaterTexas Development Company L.L.C. (WaterTexas); and WHEREAS, by Resolution No. 2003-RO353 dated August 28, 2003, the City Council of the City of Lubbock executed a First Amendment to said contract; WHEREAS, the City Council of the City of Lubbock desires to further amend the Resolution to expand the contract's scope of work and to ratify additional urgent work performed by WaterTexas at the request of the City Council: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT Resolutions No. 2003-R0113 and No. 2003-RO353 are amended by adding the Second Amendment to Contract. Said Second Amendment to Contract ratifies the attached work performed by WaterTexas and authorizes payment of same as urgent work required by the City Council with regard to drought contingency planning and its impact on the City's water supplies. Said Second Amendment to Contract is incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 2. THAT except as expressly amended hereby Resolutions No. 2003-R0113 and No. 2003-RO353 shall remain as originally provided. Passed by the City Council this 5th day of February, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 103 Regular City Council Meeting February 5, 2004 Page 104 APPROVED AS TO CONTENT: /s/ Anita Burgess Anita Burgess, City Attorney APPROVED AS TO FORM: /s/ Linda L. Chamales for Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the Second Amendment to Contract is filed with Resolution No. 2004-R0055. The City Council entered into an original contract dated March 5, 2003, with Water Texas for consulting services to evaluate and make recommendations on how the City can optimize existing and potential water supplies. This Resolution 2003-R0113 was amended August 28, 2003 by Resolution 2003-R0353 to change the contract's original scope of work for Water Texas. This Second Amendment ratified the work performed by Water Texas and authorized payment of same as urgent work required by the City Council with regard to drought contingency planning and its impact on the City's water supplies. The invoice for said work was attached to the Resolution as part of the Resolution for approval by City Council. FISCAL IMPACT: The invoice for this Second Amendment is a total of $13,655. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2004-R0055 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Gilbreath recused himself. The next items considered were Item 34A, 35-37. Items 31B-32 were considered following Item 30. (31B.) Resolution No. 2004-0051 changing the public hearing on the proposed rate increases by Atmos Energy Corporation from February 12, 2004 at 11:00 A.M. at the City Council Chambers of the Lubbock Municipal Building, 1625 131h Street to February 19, 2004 at 10:00 A.M. at the City Council Chambers of the Lubbock Municipal Building, 1625 13th Street and directing that Atmos Energy Corporation be noticed of the same. RESOLUTION NO.2004-R0051 RESOLUTION AND ORDER WHEREAS, a Statement of Intent to increase rates within the City of Lubbock effective November 26, 2003, was filed on October 21, 2003, with the City Secretary of the City of Lubbock by Atmos Energy Corporation; and WHEREAS, the City Council of the City of Lubbock, sitting as a regulatory authority under provisions of law, is required by law (Section 104.105, Paragraph (b), 104 Regular City Council Meeting February 5, 2004 Page 105 Utilities Code) to hold a public hearing to inquire into the reasonableness of such proposed gas rate change as a result of such request being a major change as defined by law (Sec. 104.101, Utilities Code); and WHEREAS, the City Council has authority under provisions of law (Section 104.107, Utilities Code) to suspend implementation of such changed rate for up to ninety (90) days pending hearing and decision on such proposed rate change; and WHEREAS, the City Council of the City of Lubbock heretofore by means of Resolution and Order No. 2003-RO519 suspended the implementation of such changed rate for 90 days and ordered a public hearing to be conducted at 11:00 A.M. on the 12`h day of February, 2004, at the City Council Chambers to inquire into the reasonableness of such proposed gas rate change; and WHEREAS, due to City Council schedule conflicts it is necessary to reschedule said public hearing for 10:00 A.M. on February 19, 2004; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the public hearing upon the proposed rate change by Atmos Energy Corporation originally scheduled to be conducted on the 121h day of February, 2004, to determine the reasonableness of such proposed rate increase shall instead be conducted at 10:00 A.M. on the 19`h day of February, 2004 in the City Council Chambers of the Lubbock Municipal Building at 1625 131h Street. The City Manager of the City of Lubbock is hereby authorized and directed to give Atmos Energy Corporation immediate written notice of said hearing by serving a copy of this Resolution and Order upon them at its business office located in the City of Lubbock. RESOLVED AND ORDERED by the City Council this 5th day of February, 2004. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Acting City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel (32.) Resolution No. 2004-R0052/ITB #2004.1—authorizing Citibus to purchase Low Floor Transit Coaches (Citibus). RESOLUTION NO.2004-R0052 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 per Bid ITB #2004.1 for Low Floor Transit Coaches (Citibus), by and between the City of Lubbock and Gillig Corporation of Hayward, California, 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. 105 Regular City Council Meeting February 5, 2004 Page 106 Passed by the City Council this 5th day of February, 2004. /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 & Transportation APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Purchase Order is field with Resolution No. 2004-R0052. This bid is for the purchase of 5 low floor 35' transit coaches to be used by Citibus. The bid includes an option for 25 additional buses. The vehicles are being purchased as expansion vehicles. Citibus is currently operating without an adequate number of spare vehicles. Older buses will be moved to Texas Tech, while the new ones will be used on fixed route service. Due to new State funding guidelines, new buses purchased with grant funds must be powered by alternative fuel; therefore, the new buses will run on ultra low sulfur diesel. Low bid to meet all specifications was Gillig Corporation at a price of $244,613 per vehicle, or $1,223,065 for 5 vehicles. The bids were substantially less than had been estimated. Citibus was anticipating prices in the range of $280,000 - $290,000 per bus. Based on the bid from Gillig Corporation, Citibus will actually be able to purchase 6 buses with the available funds, for a total project cost of $1,467,678. Gillig Corporation is not currently in possession of a Texas Manufacturer License; however, they have applied with the State of Texas for renewal of their license, and their application is being processed. The Citibus purchase order of the buses will state that taking delivery of the vehicles is contingent upon Gillig Corporation having a current Texas license. FISCAL IMPACT: The funding for these buses comes from State of Texas Vehicle Capital Replacement (VCR) funds, Federal Section 5309 funds, and local match. The local match for the VCR funds comes from toll credits; the local match for the Section 5309 funds comes from the City of Lubbock funds that have already been placed in the Citibus budget. The funds are broken down as follows: VCR funds $ 499,388.00 Section 5309 funds $ 802,359.00 Local Match $ 200,589.50 Total available $1,502,335.50 The remaining $34,657.50 will be used for costs associated with the project, including trips to the manufacturing facility, bus inspections, etc. 106 Regular City Council Meeting February 5, 2004 Page 107 Citibus recommended that ITB ot00c cost of awarded to Gillig Corporation for $244,613 per vehicle, with The next item considered was Item 33. ORDINANCES FOR PASSAGE Second Reading (33.) ORDINANCE NO. 2004-00012: Ordering the 2004 Regular Municipal Election of the City of Lubbock; indicating those officers to be elected; providing for an electronic voting system to be used; establishing polling places; appointing election judges; establishing hours for voting; adopting the sealed ballot box procedure; providing for early voting; directing the City Secretary to give notice of the Regular Municipal Election of the City of Lubbock; and providing an effective date (second and final reading). ORDINANCE NO. 2004-00012 AN ORDINANCE ORDERING THE 2004 REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK; INDICATING THOSE OFFICERS TO BE ELECTED; PROVIDING FOR AN ELECTRONIC VOTING SYSTEM TO BE USED; ESTABLISHING POLLING PLACES; APPOINTING ELECTION JUDGES; ESTABLISHING HOURS FOR VOTING; ADOPTING THE SEALED BALLOT BOX PROCEDURE; PROVIDING FOR EARLY VOTING; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF THE REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK; AND PROVIDING AN EFFECTIVE DATE. This item was considered following Consent Agenda Item 32. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass on second and final reading Ordinance No. 2004- 00012 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 29. (34.) ORDINANCE NO. 2004-00001: Ordinance Amendment of Chapters 6, 12, and 28 of the City of Lubbock's Code of Ordinances with regard to landscaping irrigation systems and operation of irrigation systems, providing penalties, and providing savings clause (second and final reading, Council member Hernandez voted nay on first reading). This item was deleted. ELECTRIC UTILITIES Electric Utilities Items 34A, 35-37 were considered following Item 31A. (34A.) Ordinance No. 2004-00021 amending Article XVIII of Chapter 2 of the Code of Ordinances with regard to the creation, duties, terms and responsibilities of the Electric Utilities Board; amending Article I of Chapter 9 to conform to changes made to the duties and responsibilities of the Electric Utilities Board; providing for the disbursement of revenues of the City's electric utility; defining conflicts of interests and penalties associated therewith; reserving specific powers to the City Council; providing a savings clause; and providing for publication first reading.) 107 Regular City Council Meeting February 5, 2004 Page 108 ORDINANCE NO.2004-00021 AN ORDINANCE AMENDING ARTICLE XVIII OF CHAPTER 2 OF THE CODE OF ORDINANCES WITH REGARD TO THE CREATION, DUTIES, TERMS AND RESPONSIBILITIES OF THE ELECTRIC UTILITIES BOARD; AMENDING ARTICLES I AND II OF CHAPTER 9 OF THE CODE OF ORDINANCES TO CONFORM TO CHANGES MADE TO THE DUTIES AND RESPONSIBILITIES OF THE ELECTRIC UTILITIES BOARD; PROVIDING FOR THE DISBURSEMENT OF REVENUES OF THE CITY'S ELECTRIC UTILITY; DEFINING CONFLICTS OF INTERESTS AND PENALTIES ASSOCIATED THEREWITH; RESERVING SPECIFIC POWERS TO THE CITY COUNCIL; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Morrison, seconded by Council Member Boren to pass on first reading Ordinance No. 2004-00021 as recommended by staff. Council Member Gilbreath offered the following amendment under Sec. 2- 480. Members, Qualifications. Subsection c) be amended to include at the end of the sentence: "And shall be members of the City's electric utility provided that service with the City's electric utility is available." Also, Sec. 2-484. Disbursement of Net Revenues; that the following sentence be inserted at the beginning of paragraph subsection 1): "The City shall not require the City's electric utility to reimburse any other fund of the City for monies or funds charged or assessed to the City's electric utility which were incurred on or prior to February 5, 2004, unless otherwise required by law." He stated that the intent of this is to write off the receivable from LP&L to the City. Mr. Gilbreath further offered the following amendment to Sec. 2-484: "Subsection e) This section shall be included in and become a part of each annual budget of the City of Lubbock." Council Member Martin suggested that "ordinance" be added to the above, following the words "annual budget." Council Member Gilbreath accepted the suggestion. Council Members Morrison and Boren accepted the amendments. Motion carried: 7 Yeas, 0 Nays. Beverly Hodges, Interim Chief Financial Officer, answered questions posed by Council Member Hernandez. FINANCE Buffet by (34B.) Ordinance No. 2004-00055 amending terest t 03-04 the North University ing $25,000 from unallocated bond Enhancement Project first reading). This item was deleted. MISCELLANEOUS Other (35.) Resolution No. 2004-R0056 ordering a Special Election to fill the vacancy in the position of CouncilMayor to execute an official Order May 15, 2004, and authorizing the y and Notice of Special Election for said special election. 108 Regular City Council Meeting February 5, 2004 Page 109 RESOLUTION NO.2004-R0056 AND ORDER WHEREAS, the resignation of Victor Hernandez, District 1 Councilman, occurred on January 22, 2004, as a result of said Councilman announcing his candidacy for Municipal Judge in the May 15, 2004, City regular election of officers; and WHEREAS, such resignation occurred by operation of law in accordance with Article 11, Section 11, and Article 16, Section 65, of the Texas Constitution; and WHEREAS, such automatic resignation and acceptance has created a vacancy on the City Council of the City of Lubbock; and WHEREAS, the next available election date complying with the requirements of the Texas Constitution, the Texas Election Code and the City Charter is May 15, 2004; and WHEREAS, Sections 3.004, and 201.051 require the City Council to order an election to fill said vacancy as soon as practicable after the vacancy occurs; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock, Texas, hereby accepts the automatic resignation of Councilman Victor Hernandez on January 22, 2004, and orders a special election to fill the vacancy in the position of Council member, District 1, to be conducted May 15, 2004, for the purpose of filling the vacancy created by the resignation of Councilman Hernandez for the unexpired term remaining for the position of Council member, District 1, and the Mayor of the City of Lubbock is hereby authorized and directed to execute an official order and notice of special election to fill the vacancy in the position of Council member, District 1, on Saturday, May, 15, 2004. Passed by the City Council this 5th day of February, 2004. /s/ Marc McDougal MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel The automatic resignation of Council member Victor Hernandez, District 1, occurred on January 22, 2004 as a result of said Council member announcing his candidacy for Municipal Court Judge. This has created a vacancy on the City Council of the City of Lubbock. The City Charter of the City of Lubbock and the Texas Election Code require such vacancy to be filled by a special election called for such purpose. The next available election date complying with the requirements of City Charter and Sections 3.004, 41.001, 201.023, 201.051, and 201.052 of the Election Code is May 15, 2004. FISCAL IMPACT: Since staff already has a General Election scheduled for May 15, 2004, and this Special election will not require a separate ballot, the only additional costs will be publication costs of approximately $18,000. 109 Regular City Council Meeting February 5, 2004 Page 110 The City Secretary recommended that Council order a special election to fill the vacancy for the unexpired term remaining for the position of Council member, District 1. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2004-R0056 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. PLANNING AND TRANSPORTATION Business and Neighborhood Development (36.) Resolution No. 2004-R0057 authorizing the execution of an Agreement between the City of Lubbock and McCanton Woods, Ltd. regarding the funding of right of way acquisition for implementation of the Amended Project Plan in the North Overton Tax Increment Finance (TIF) Reinvestment Zone. RESOLUTION NO.2004-R0057 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tem of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and McCanton Woods, Ltd. regarding the funding of right of way acquisition for additional property in the North Overton Tax Increment Finance Reinvestment Zone. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 5th day of February, 2003. /s/ T. J. Patterson T.J. PATTERSON, Senior Council Member ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig, Farmer Craig Farmer, Managing Director Of Planning and Transportation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2004-R0057. This agreement is between the City of Lubbock and McCanton Woods, Ltd. (McDougal Companies/Developer) regarding funding to acquire the right- of-way of specific properties for the implementation of the Amended Project Plan in the North Overton TIF District. Council approved Redevelopment Policies state that the City may use the power of eminent domain to obtain property for public use in a redevelopment project, but the redevelopment project (developer) should pay the costs. The purpose of this Agreement is to contract with McCanton Woods, Ltd. for reimbursement of all expenses incurred by the City in this process. The properties to be 110 Regular City Council Meeting February 5, 2004 Page I I I acquired are 2305 61h Street and 2406 91h Street. The expenses will be, but not limited to, for purchase of land and improvements, leasehold improvements, attorney fees, and appraisal fees. The acquisition of these properties is needed in the implementation of the Overton Park development project, which is consistent with the Amended Finance and Project Plan adopted by the Board of Directors of the North Overton Tax Increment Finance Reinvestment Zone. FISCAL IMPACT: The funds expended for this acquisition process prior to reimbursement by the developer will be from the TIF Fund (account #90300, balance at $1.39 M). The City will be reimbursed for the expenses incurred in this eminent domain process. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2004-R0057 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Council Member Hernandez recused themselves. (37.) Resolution No. 2004-110058/R0 # 24385/13M —to purchase assorted testing equipment for the administration of the Candidate Physical Ability Test (C.P.A.T) within the Lubbock Fire Department. RESOLUTION NO. 2004-R0058 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 testing equipment for administration of the candidate physical ability test, by and between the City of Lubbock and C.P.A.T. Distribution, Inc. of Monrovia, California, 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 5th day of February, 2004 /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. 2004-R0058. III Regular City Council Meeting February 5, 2004 Page 112 As the process for becoming a Lubbock Fire Fighter becomes increasingly competitive, the threat of potential litigation intensifies as processes in the hiring procedures are scrutinized for inequities. In an effort to alleviate any such possibilities with respect to physical stamina, the Lubbock Fire Department is implementing a new test described as the Candidate Physical Ability Test (C.P.A.T.), a nationally -validated fire service entry level test which shall be given to all individuals seeking to become hired onto the Lubbock Fire Department. This physical exam is a new approach for the department that serves to test the physical capacity of an individual and report impartial results regardless of gender. In order to conduct a suitable test, an assortment of items will be required. Developed for cardiovascular and strength tests, this equipment is manufactured to meet the specifications of the IAFF/IAFC Fire Service Joint Labor Management Candidate Physical Ability Test. This assessment practice establishes a physical testing standard for hiring consideration into the fire service. All equipment shall be assigned to and stored at the Lubbock Fire Department where it will be used in all future firefighter -hiring opportunities. This equipment is manufactured by ALCO Machine and is available from only one source, C.P.A.T. Distribution, Inc. of Monrovia, California. FISCAL IMPACT: A total of $500,000 was appropriated with $57,239.75 available in 308.8512 (Risk Management) for this purpose. Award contract to C.P.A.T. Distribution, Inc. of Monrovia, California for $57,239.75, Motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass Resolution No. 2004-R0058 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. _ The next item considered was Item 43. BOARD APPOINTMENTS Items 38-39 were considered following Item 43. (38.) Consider one appointment to the Animal Shelter Advisory Committee. Motion was made by Council Member Morrison, seconded by Council Member Patterson to appoint Mary Hatfield to the Animal Shelter Advisory Committee. Motion carried: 7 Yeas, 0 Nays. (39.) Consider one appointment to the Appointments Advisory Board. Motion was made by Council Member Morrison, seconded by Council Member Patterson to reappoint Molly Manning to the Appointments Advisory Board. Motion carried: 7 Yeas, 0 Nays. The next items considered were Items 4142. (40.) Consider two appointments to the Board of Health. This item was deleted. Items 41-42 were considered following Item 39. (41.) Consider one appointment to the Keep Lubbock Beautiful Advisory Committee. 112 Regular City Council Meeting February 5, 2004 Page 113 Motion was made by Council Member Morrison, seconded by Council Member Patterson to appoint Brenda Brown to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 7 Yeas, 0 Nays. (42.) Consider one appointment to the Neighborhood Redevelopment Commission. Motion was made by Council Member Morrison, seconded by Council Member Patterson to appoint Michael Springer to the Neighborhood Redevelopment Commission. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 44. (43.) Consider one appointment to the North Overton Tax Increment Financing District. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to appoint Stephen Krier to the North Overton Tax Increment Financing District. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Council Member Hernandez recused themselves. The next items considered were Items 38-39. (44.) Consider one appointment to the Park and Recreation Board. This item was considered following Item 42. Motion was made by Council Member Morrison, seconded by Council Member Patterson to appoint Bruce Bunn to the Park and Recreation Board. Motion carried: 7 Yeas, 0 Nays. (45.) Consider five appointments to the Zoning Board of Adjustment. This item was deleted. 12:20 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. 1:01 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas 1:02 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pro Tern Patterson adjourned the meeting. ATTEST: Rebe ca Garza, City Secretary 113 Regular City Council Meeting February 5, 2004 Page 114 Read and approved this ATTEST: /S47'day of Reb cca Garza, City Secretary 2004. MARC MC GAL, MAYOR 114