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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/6/2004CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MAY 6, 2004 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 6th day of May, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Victor Hernandez, Council Member Tom Martin, Council Member Frank W. Morrison Absent: Mayor Pro Tem T. J. Patterson CITIZEN COMMENTS The following citizens expressed comments to the Council. • Art Cooke appeared to discuss recognition for Mr. Roy Furr. He introduced Shelley Furr Bates, the daughter of the late Mr. Furr. Others speaking in support of the recognition were: Bob Hurmence, former Vice President of Furr's, Inc. and State Representative Delwin Jones. Council Member Martin requested that an advisory committee of people in the community be put together to look at an appropriate memorial to be named for Mr. Furr. The names could be brought back to the next council meeting. Mayor McDougal asked that this be put on the May 25, 2004 agenda. Council Member Gilbreath stated he felt it was appropriate and long overdue. • Steve Hill and Bernie Gradel appeared to discuss staffing issues in the Street Engineering and Building Inspection Departments. Council Member Gilbreath asked about a $435,000 surplus in the department and asked if it was already allocated. Beverly Hodges, Interim Chief Financial Officer, stated that when they balanced the budget they went over all the revenues separately from any of the expenditures and presented a balanced budget and they are all used. City Manager Lou Fox recommended sitting down with Mr. Hill and Mr. Gradel and going over their requests and bringing this back to council. Mayor McDougal requested that City Manager Fox get with staff and get with Mr. Hill and Mr. Gradel and look at not only the fee structure, but what could be done. He also asked that he report back the morning before the present Council goes out of office. Mayor McDougal stated that if the second hearing of the revised budget passed today, they could always come back and pass another revised budget, if need be. Mayor McDougal requested that Ms. Hodges look to see if the $435,000 is already reallocated, as he understands this is an amount we expect to have, but don't have yet. • Ruella Johnson was scheduled to appear to discuss concerns at the Ponderosa Apartments. Ms. Johnson was not present. • Lubbock Police Officers Jose Sanchez and Gus Imbarlina who recently returned from Iraq appeared to thank Council for the differential pay received while they were gone. They also expressed their appreciation for the support that the City Council Regular City Council Meeting May 6, 2004 Page 392 and the City of Lubbock gave to them and all other employees who have been deployed. They presented a banner to Council they had made in Iraq, which bore the names of Officers Sanchez and Imbarlina. 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, and competitive matters of the public power utility as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 8:09 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present, except Mayor Pro Tem Patterson. ( 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; Right -of -Way; Water Utilities). (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 (Park and Recreation; 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 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; and to discuss and deliberate a competitive matter regarding operation, financial and capital statements and budgets, revenue and expense projections, strategic and business plans and studies of Lubbock Power and Light. 9:46 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Victor Hernandez, Council Member Tom Martin, Council Member Frank W. Morrison; Lou Fox, Acting City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Mayor Pro Tern Member Patterson Mayor McDougal called the meeting to order at 9:46 A. M. (5.) Invocation by Mr. Steve Doles, Director of Pray Lubbock. (6.) 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 Board of Health Receiving: Dr. Suzanne Beck (unable to attend) Citizens Traffic Commission Receiving: Nathan Lee The first item considered was Item 55. 392 Regular City Council Meeting May 6, 2004 Page 393 CITIZEN APPEARANCES (7.) Presentation of a proclamation declaring the month of May as Motorcycle Safety and Awareness Month. This item was considered following Item 55. Sam Copeland, Barry Ross and others were present to receive the proclamation. They presented Mayor McDougal with an Orange County Chopper T-shirt and a plaque. The next item considered was Item 9. (8.) Presentation of a special recognition to the Delta Sigma Theta sorority for their contributions to the Lubbock community. This item was deleted. (9.) Presentation of a proclamation declaring June 5, 2004 as Healthy Lubbock Day. This item was considered following Item 7. Liz Paulk was present to accept this proclamation. (10.) Presentation of a special recognition to Doyle Gammill, a long-time leader with the Lubbock Independent School District who will be retiring at the end of the school year. A 20-piece Jazz Band from Monterey was present to play to honor Mr. Gammill. Council Members Boren and Gilbreath, graduates of Monterey, were present to assist Mayor McDougal (also a Monterey graduate) with the presentation. Mr. And Mrs. Doyle Gammill were present to accept. CONSENT AGENDA (12-22, 24-31, 33-39, 41-42) Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to approve Items 12-22, 24-31, 33-39, 41-42 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (11.) Approval of Minutes: April 22, 2004 Regular City Council Meeting This item was moved from consent agenda to regular agenda and was considered following Item 42. Council Member Martin stated he had corrections to the minutes of April 22, 2004 as follows: 1) On page 40 of the minutes, the third paragraph down, it says: "Council Member Boren asked where we are on the seal-kote program?" That should be "coat". 2) On page 43, at the top of the page, "you couldn't be a home -rule city if you drive people out of their homes because they can't afford to pay the taxes on them. That's what's happening in Lubbock. The best rule of thumb is to keep local control to where people have to vote to raise your taxes and quit hiding behind the appraisal tax creed that goes on." That should be "creep". Council Member Boren stated that on the TML resolution, the motion should be corrected to reflect that motion was made by Council Member Martin, seconded by Council Member Boren. Motion was made by Council Member Martin, seconded by Council Member Boren to approve the minutes as corrected. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 23. 393 Regular City Council Meeting May 6, 2004 Page 394 (12.) ORDINANCE NO. 2004-00045—ZONE CASE NO. 2437-G (east of Iola Avenue and north of 82nd Street): Ordinance to consider the request of Richard McCormick and Steven A. Cox for a zoning change from A-2 limited to a church to C-2 Specific Use for a shopping center on 0.496 acres of unplatted land out of Section 29, Block AK (second and final reading). ORDINANCE NO.2004-00045 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2437-G; A ZONING CHANGE FROM A-2 TO C-2 SPECIFIC USE FOR A SHOPPING CENTER ON 0.496 ACRES OF UNPLATTED LAND OUT OF SECTION 29, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (13.) ORDINANCE NO. 2004-00046—ZONE CASE NO. 2243-A (2309 Broadway Avenue): Ordinance to consider the request of Jon and Tina Thompson for a zoning change from C-2 to CB-1 to add residential usage to existing building on Lot 6 and the west 37.5 feet Lot of 5, Block 84, Overton Addition (second and final reading). ORDINANCE NO. 2004-00046 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2243-A; A ZONING CHANGE FROM C-2 TO CB-1 ZONING ON LOT 6 AND THE WEST 37.5 FEET LOT OF 5, BLOCK 84, OVERTON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (14.) ORDINANCE NO. 2004-00047—ZONE CASE NO. 2224-D (5601 Slide Road): Ordinance to consider the request of Halle Properties, L.L.C. for a zoning change from C-2 Specific Use to C-3 for a tire, battery, and accessories store and all permitted C-2 uses on Tract D-1, Western Meadows Addition (second and final reading). ORDINANCE NO. 2004-00047 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2224-D; A ZONING CHANGE FROM C-2 SPECIFIC USE TO C-3 LIMITED TO A TIRE STORE ON TRACT D-1, WESTERN MEADOWS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (15.) ORDINANCE NO. 2004-00048—ZONE CASE NO. 1834-C (601, 603-612; 702, 704, 706, and 708 North Englewood Avenue and 801- 804, 805, 807 and 809 North Evanston Avenue; 5701-5712 Grinnell Street; 5702, 5704-5712 Fordham Street): Ordinance to consider the request of Jack and Trey Strong for a zoning change from R-2 to A-1 limited to duplex construction on Lots 206-212, 219-245, 247-255, Western Estates Addition (second and final reading). ORDINANCE NO. 2004-00048 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1834-C; A ZONING CHANGE FROM R-2 TO A-1 ZONING LIMITED TO DUPLEX CONSTRUCTION, ON LOTS 206-212, 219-245, 247-255, WESTERN ESTATES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 394 Regular City Council Meeting May 6, 2004 Page 395 (16.) ORDINANCE NO. 2004-00049—ZONE CASE NO. 1789-D (north of 43`d Street at Huron Avenue): Ordinance to consider the request of Wilkerson Investments Co. for a zoning change from M-1 With Conditions to M-1 on 10.89 acres of unplatted land out of Section 37, Block AK (second and final reading) (Council member Hernandez was absent). ORDINANCE NO. 2004-00049 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1789-D; A ZONING CHANGE FROM M-1 WITH CONDITIONS TO M-1 ZONING ON 10.89 ACRES OF UNPLATTED LAND OUT OF SECTION 37, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (17.) ORDINANCE NO. 2004-00051—ZONE CASE NO. 2573-F (North Brentwood Avenue to North Winston Avenue between Erskine Street and North Loop 289): Ordinance to consider the request of Hugo Reed and Associates, Inc. (for North Loop 289, Ltd.) for a zoning change from R-1, R-2, A-1, A-2, C-2 and C-3 to A-2, AM, and C-3 on 229.3 acres of unplatted land out of Section 1, Block J-S, and Section 22, Block A (second and final reading). ORDINANCE NO. 2004-00051 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573-17; A ZONING CHANGE FROM R-1, R-2, A-2, A- 1, C-2 AND C-3 TO A-2, AM AND C-3 ZONING ON 229.3 ACRES OF UNPLATTED LAND OUT OF SECTION 1, BLOCK J-S AND SECTION 22, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (18.) ORDINANCE NO. 2004-00052—ZONE CASE NO. 3006 (west of North Boston Avenue from Kent Street to Regis Street): Ordinance to consider the request of Burl W. Masters (for Glen Robertson) for a zoning change from R-1 to R-1 Specific Use for garden homes on 13.7 acres of Tract C (second and final reading). ORDINANCE NO. 2004-00052 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3006; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR GARDEN HOMES ON 13.7 ACRES OF TRACT C, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (19.) ORDINANCE NO. 2004-00053—ZONE CASE NO. 3007 (6722 82°1 Street): Ordinance to consider the request of Keith McNeese for a zoning change from T to C-3 on two acres of unplatted land out of Section 20, Block AK (second and final reading). ORDINANCE NO. 2004-00053 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3007; A ZONING CHANGE FROM T TO C-3 ZONING ON 2 ACRES OF UNPLATTED LAND OUT OF SECTION 20, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (20.) Ordinance #2004-00044 (3510 North Holly Avenue, north of Municipal Drive and east of North Guava Avenue): Abandoning and closing a drainage easement located in Section 41, Block A, Lubbock County, Texas (second and final reading). 395 Regular City Council Meeting May 6, 2004 Page 396 ORDINANCE NO.2004-00044 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT LOCATED IN SECTION 41, BLOCK A, 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 60 foot x 300 foot drainage easement that is located on the east side of North Holly Avenue, on the property owned by Lubbock County where the new jail is to be constructed. This ordinance was read as a routine consent agenda item at the April 22, 2004 City Council meeting. FISCAL IMPACT: None. The Right -of -Way Department recommended the second reading of this ordinance. (21.) Ordinance No. 2004-00055 amending Chapter 14 of the Code of Ordinances of the City of Lubbock, Texas, with regard to adding the definitions of property or premises, drilling, and operation, amending the required insurance for oil and gas drilling and amounts and providing a penalty first reading). ORDINANCE NO.2004-00055 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO; REQUIRED INSURANCE FOR OIL AND GAS DRILLING AND AMOUNTS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Since the initiation of a drilling ordinance in the 1950's, one requirement of the process is a bond in the amount of $10,000 that is intended to cover damages to public improvements (sidewalks, curbs, etc.). None of the coverage under the bonds relates to private property of injury to persons. Another requirement of permit holders has been the provision of insurance. The permit holders in Lubbock have always had a significantly higher umbrella of coverage than required in our Code because of their company liability issues. During the past five years, bonds have been increasingly more difficult to obtain, and it is the understanding of the staff that the bond companies would make the City sue to collect. Since the bond amount is only $10,000, the process for collection would cost more than the recovery. Also, the cost of bonding has dramatically increased. With those two circumstances, the Legal Department worked with Risk Management to propose an amendment to the current code to delete the bond requirement entirely and bring the language in the insurance section into line with current practice. The opinion of the staff is that insurance will be an easier source of compensation from the drilling permit holders for both the public and private sectors. The ordinance also includes three new definitions: "drilling; operation; and unitize, pool, or force pool". FISCAL IMPACT: Not Applicable. Staff supported approval of the first reading of this ordinance. (22.) Resolution No. 2004-RO212 Authorizing the Mayor to execute a parking lot lease with Bleacher's Sports Cafe for use of a City parking lot located at 1802 Avenue F. 396 Regular City Council Meeting May 6, 2004 Page 397 RESOLUTION NO.2004-RO212 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 Lease between the City of Lubbock and Bleacher's Sports Cafe, and related documents. Said Lease is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 6th day of May, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Lease is filed with Resolution No. 2004-R0212. This parking lot lease agreement is for Bleacher's Sports Cafe at 1719 Buddy Holly Avenue to lease approximately 42 parking spaces of the Buddy Holly Center parking lot located north of 19th Street and west of Avenue F. Additional parking per zoning requirements is needed for customers of the club during the evening and nighttime hours. This lease is for two years and the City will receive $210 per month for this lease. This has been calculated as follows: $15 per space (typically monthly downtown parking lot space rental rate) x 42 spaces = $630 a month. Spaces will be leased for 8 hours per day. Therefore, $630 x 1/3 day = $210 due the City per month. FISCAL IMPACT: Income to the City of $210 per month. The Right -of -Way Department recommended approval of this resolution. (23.) Resolution No. 2004-RO229 authorizing the Mayor to execute a severance agreement with Lou Fox, City Manager. RESOLUTION N0.2004-R0229 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor to execute for and on behalf of the City of Lubbock a Severance Agreement by and between the City of Lubbock and Lou Fox, city manager. A copy of said Severance Agreement is attached hereto which shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 6th day of May, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR 397 Regular City Council Meeting May 6, 2004 Page 398 ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Severance Agreement is filed with Resolution No. 2004-R0229. This item was moved from consent agenda to regular agenda and was considered following Item 11. The City of Lubbock has employed Lou Fox as its City Manager. In order to ensure continued service with Mr. Fox, the City and Mr. Fox desire to enter into a severance agreement to go into effect in the event of involuntary termination of Mr. Fox for a reason other than "Cause" as defined in the severance agreement. Under this severance agreement, Mr. Fox would be entitled to a payment equivalent to his salary for six months and for one additional month for each year of service completed at the time of the involuntary termination. If Mr. Fox resigns voluntarily or is disabled and unable to perform his duties, he will be entitled to the same severance benefits as any other employee of like longevity and position. The severance agreement is specifically worded so as not to constitute a contract for personal services for a set term prohibited by Chapter 1, Article IX, and Section 21 of the Lubbock City Charter. FISCAL IMPACT: The cost to the City will be contingent upon the length of Mr. Fox's service if he is terminated involuntarily for a reason that is not "Cause" for termination under the terms of the severance agreement. Staff recommended approval of this resolution. Anita Burgess, City Attorney, gave staff comments. She stated this was a severance agreement, not an employment agreement. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-R0229 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 32. (24.) Resolution No. 2004-R0213 amending Resolution No. 5988 by replacing Exhibit A to correct the metes and bounds property description of a tract of land in Section 35, Block AK, Lubbock County located at Brownfield Highway and Milwaukee Avenue. RESOLUTION NO.2002-R0213 WHEREAS, THE City of Lubbock, Texas passed Resolution No. 5988, September 10, 1998, determining that the public needs safety and welfare demanded and created a public necessity for the acquisition of additional land for municipal public use and purposes for the East-West Freeway Railroad Relocation Project; and WHEREAS, the City Council resolved that for public purposes and municipal purposes the fee simple title of the surface estate be acquired for Parcel No. IRR-2, owned by Texas Water Rampage Corporation, that the owners be offered the amount of $33,600.00 for said interest, and if not accepted, authorizing the City Attorney to instituted condemnation proceedings; and Regular City Council Meeting May 6, 2004 Page 399 WHEREAS, Exhibit A to Resolution 5988, purporting to describe Parcel No. IRR-2 by metes and bounds description, contained a scrivener's error in the third line of Section (3), to -wit: the first distance stated on that line should have read "96.049 meters (315.12 feet) instead of "156.527 meters (513.54 feet)"; and WHEREAS, the City Council of the City of Lubbock desires to amend Resolution No. 5988 correcting said scrivener's error by attaching a new and correct Exhibit A; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby amends Resolution No. 5988 dated September 10, 1998 by authorizing the City Secretary of the City of Lubbock to replace Exhibit A, purporting to be the metes and bounds description of Parcel No. IRR-2 with the attached corrected Exhibit A. Said corrected Exhibit A 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 May, 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 and Transportation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of Exhibit "A" is filed with Resolution No. 2004-R0213. This resolution amends Resolution 5988 (approved on September 10, 1998), a resolution authorizing the acquisition of additional land for the East-West (now Marsha Sharp) Freeway Railroad Relocation Project by replacing Exhibit A, the metes and bounds description of Parcel IRR-2 owned by Texas Water Rampage Corporation. The title company has discovered a scrivener's error (typo) in the original Exhibit as provided by the surveyor that needs to be corrected. The original survey stated 156.527 meters (513.54 feet) and should have read 96.049 meters (315.12 feet). FISCAL IMPACT: None. The Right -of -Way Department recommended approval of this resolution. (25.) Resolution No. 2004-R0214 Authorizing the Mayor to execute an Agreement between the City of Lubbock and Texas Tech University Health Sciences Center (TTUHSC), Department of Neuropsychiatry, Psychiatry Division, through the Southwest Institute for Addictive Diseases to provide an Employee Assistance Program (EAP). 399 Regular City Council Meeting May 6, 2004 Page 400 RESOLUTION NO. 2004-RO214 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 Professional Services Agreement (ALMW 95427-3) relating to the City of Lubbock's Employee Assistance and any associated documents by and between the City of Lubbock and Texas Tech University Health Sciences Center, a copy of which Agreement is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 6th day of May, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Scott Snider Scott Snider, Director of Human Resources APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Agreement is filed with Resolution No. 2004-R0214. The City of Lubbock offers an Employee Assistance Program (EAP) to all full-time City employees and their immediate families. TTUHSC has provided this service since June 1, 1995. An EAP is designed to assist employees with problems such as depression, stress, alcohol, drugs, grief, and divorce to avoid declining job performance and absenteeism because of personal problems. Participants are allowed 8 free counseling sessions per year. The current cost to the City is $20.04 per employee per year, approximately $36,072. The TTUHSC contract expires May 31, 2004. A Request for Proposal was distributed for the EAP services. Three responses were received: Integrity Employee Assistance, Deer Oaks EAP Services, and TTUHSC. A committee of 3 City employees evaluated the responses. The Committee consisted of a member of the Critical Stress Management Team for the Lubbock Police Department, the Emergency Management Specialist tasked with developing the emergency mental health response for the City, and a member of the Human Resources Benefits Department. Each response was evaluated on a maximum point system of 100 using the following criteria: Cost - 50%, Financial Stability - 10%, Network - 30%, and References - 10%. The average final scores were: TTUHSC 95 Deer Oaks 86 Integrity EAP 42 The TTUHSC program was ranked higher because of their extensive physician network, access to resources through Texas Tech, and extensive outpatient substance abuse services. TTUHSC ranked second in pricing. e Regular City Council Meeting May 6, 2004 Page 401 However, the Southwest Institute for Addictive Diseases provides outpatient substance abuse assessment and treatment that would otherwise be referred outside of the EAP and become an expense to the health insurance plan. This is approximately $550 per patient; per week benefit provided by the EAP and accounted for $11,000 in cost avoidance during the last contract year. TTUHSC reduced the current contract pricing of $20.04 per employee per year to $19.92 per employee per year. The contract will begin June 1, 2004, with a 3-year rate guarantee. FISCAL IMPACT: There will be a cost of $35,298 annually, which is budgeted in each departmental cost center. The Committee recommended approval of this resolution. (26.) Resolution No. 2004-RO215 Authorizing the Mayor to execute the contract between Texas Department of Housing and Community Affairs and the City of Lubbock Community Development Department for the Oil Overcharge Weatherization Assistance Program and all related documents. RESOLUTION NO.2002-RO215 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 Texas Department of Housing and Community Affairs (TDHCA) for the Oil Overcharge Weatherization Assistance 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 6th day of May, 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 Contract is filed with Resolution No. 2004-RO215 The State has asked the City to consider administering the Weatherization program. This program funds the testing of low-income persons homes to determine the feasibility that some minor rehabilitation such as insulation, caulking, replacing doors or windows would increase the energy efficiency of the home. Weatherization consists of several different sources. The source for this contract is the Oil Overcharge funding in the amount of $53,484. The City was asked to take this program last year at the same time staff were asked to accept the CEAP program. At the time it was decided to Regular City Council Meeting May 6, 2004 Page 402 start with just the CEAP program. Staff had some concerns about the Weatherization program from previous years. The State has pushed for all the grants to be administered by one agency, as they are all energy assistance grants, and the programs are intertwined with each other. The State addressed the concerns that staff had. Staff feels staff can now implement this program along with the others to assist the citizens of Lubbock in increasing their homes energy efficiency. FISCAL IMPACT: This grant will add $53,484 to assist low-income families in making their homes more energy efficient. There will be no impact to the general fund as the program is 100% grant funded, and there is no matching requirement. The Community Development Service Board and staff recommended approval of this resolution. (27.) Resolution No. 2004-RO216 authorizing the Mayor to execute the contract between Texas Department of Housing and Community Affairs and the City of Lubbock Community Development Department for the LIHEAP Weatherization Assistance Program and all related documents. RESOLUTION NO.2005-R0216 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 Texas Department of Housing and Community Affairs (TDHCA) for the LIHEAP Weatherization Assistance 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 6th day of May, 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 Contract is filed with Resolution No. 2004-R0216. The State has asked the City to consider administering the Weatherization program. This program funds the testing of low-income persons homes to determine the feasibility that some minor rehabilitation such as insulation, caulking, replacing doors or windows would increase the energy efficiency of the home. 402 Regular City Council Meeting May 6, 2004 Page 403 Weatherization consists of several different sources. The source for this contract is the Low -Income Home Energy Assistance Program (LIHEAP) funding in the amount of $86,658. The City was asked to take this program last year at the same time staff were asked to accept the CEAP program. At the time it was decided to start with just the CEAP program. Staff had some concerns about the Weatherization program from previous years. The State has pushed for all the grants to be administered by one agency, as they are all energy assistance grants, and the programs are intertwined with each other. The State addressed the concerns that staff had. Staff feels staff can now implement this program along with the others to assist the citizens of Lubbock in increasing their homes energy efficiency. FISCAL IMPACT: This grant will add $86,658 to assist low-income families in making their homes more energy efficient. There will be no impact to the general fund as the program is 100% grant funded, and there is no matching requirement. The Community Development Service Board and Staff recommended approval of resolution. (28.) Resolution No. 2004-RO217 authorizing the Mayor to execute the contract between Texas Department of Housing and Community Affairs and the City of Lubbock Community Development Department for the Southwestern Public Service Company's Low-income Program (SPS LIP) Weatherization Assistance Program and all related documents. RESOLUTION NO. 2004-RO217 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract, by and between the City of Lubbock Community Development Department and Texas Department of Housing and Community Affairs for the Southwestern Public Service Company's Low-income Program (SPS LIP) Weatherization Assistance 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 6th day of May, 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 Contract is filed with Resolution No. 2004-R0217. 403 Regular City Council Meeting May 6, 2004 Page 404 The State has asked the City to consider administering the Weatherization program. This program funds the testing of low-income persons homes to determine the feasibility that some minor rehabilitation such as insulation, caulking, replacing doors, windows or appliances would increase the energy efficiency of the home. Weatherization consists of several different sources. The source for this contract is Southwestern Public Service Company's Low-income Program (SPS LIP) funding in the amount of $52,700. The City was asked to take this program last year at the same time staff were asked to accept the CEAP program. At the time it was decided to start with just the CEAP program. Staff had some concerns about the Weatherization program from previous years. The State has pushed for all the grants to be administered by one agency, as they are all energy assistance grants, and the programs are intertwined with each other. The State addressed the concerns that staff had. Staff feels staff can now implement this program along with the others to assist the citizens of Lubbock in increasing their homes energy efficiency. FISCAL IMPACT: This grant will add $52,700 to assist low-income families in making their homes more energy efficient. There will be no impact to the general fund as the program is 100% grant funded, and there is no matching requirement. The Community Development Service Board and staff recommended approval of this resolution. (29.) Resolution No. 2004-RO218 authorizing the Mayor to execute 5310 Grant, Contract No. 51405F7165, with the Texas Department of Transportation (TxDOT). RESOLUTION NO.2004-RO218 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 State/Local Public Transportation (Section 5310) Grant Agreement (Contract No. 51405F7165) and any associated documents by and between the City of Lubbock and Federal Transit Administration, a copy of which Grant 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 6th day of May, 2004. /S/ MARC MCDU OGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney for Craig Farmer Craig Farmer Director of Planning and Transportation APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel 404 Regular City Council Meeting May 6, 2004 Page 405 A copy of the Grant is filed with Resolution No. 2004-R0218. TxDOT is allocating $18,452 of public transportation funds to the City of Lubbock to be used for preventative maintenance for CitiAccess (Demand Response Service). The funds from 5310 grants are to be used to help provide mass transportation service planning, designed, and carried out to meet the special needs of elderly individuals and individuals with disabilities. The contract becomes effective when fully executed by both parties or on May 1, 2004, whichever is later. The contract shall terminate on May 31, 2005. FISCAL IMPACT: The match of $4,613 required for this grant has already been included in the Citibus budget. Acceptance of this grant will result in no additional cost to the City of Lubbock. Citibus recommended approval of this resolution. (30.) Resolution No. 2004-RO219 authorizing the Mayor to execute a Federal Transit Administration Job Access and Reverse Commute Program Grant (Project #TX-37-X030-00). RESOLUTION NO.2004-RO219 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of Lubbock hereby authorizes and directs John Wilson, Citibus General Manager, to electronically execute for and on behalf of the City of Lubbock a Federal Transit Administration Job Access and Reverse Commute Program Grant (Project #TX-37-X030-00) and any associated documents by and between the City of Lubbock and Federal Transit Administration, a copy of which Grant 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 6th day of May, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy for Craig Farmer Craig Farmer Director of Planning and Transportation APPROVED AS TO FORM: / s / Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Grant is filed with Resolution No. 2004-R0219. The Federal Transit Administration has allocated $227,854 to the City of Lubbock/Citibus for a Job Access and Reverse Commute Program Grant. The Jobs Access Reverse Commute Program is designed to provide public transportation to employment, especially entry-level jobs. This grant will continue to fund Route 25, East/West Express, and the evening service. 405 Regular City Council Meeting May 6, 2004 Page 406 Federal Transit Administration regulations require that all grants must be applied for and executed electronically. Therefore, Citibus would like to request that the Mayor allow Mr. John Wilson, Citibus General Manager, to execute this grant, once approved by the City Council. FISCAL IMPACT: The match of $227,854 required for this grant has already been included in the Citibus budget. Acceptance of this grant will result in no additional cost to the City of Lubbock. Citibus recommended approval of this resolution. (31.) Resolution No. 2004-RO220 authorizing the City Manager to Settle a claim by Ramar Communications in the amount of $67,691.04 and to sign any documents necessary to settle the claim. RESOLUTION NO.2004-RO220 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock, or his delegee, BE and is hereby authorized to settle and compromise a claim for and on behalf of the City of Lubbock, by Ramar Communications, in an exact amount of SIXTY SEVEN THOUSAND SIX HUNDRED NINETY ONE AND 04/100 DOLLARS ($67,691.04) for damage to their AM radio towers located at 904 East Broadway, and to execute any settlement agreements, releases or any other related documents related thereto. In settling and compromising the claim described herein, the City Manager shall obtain a full and complete release of any and all claims related to the occurrence and transaction from which said claim arose. Passed by the City Council this 6th day of May, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s / Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Leisa Hutcheson Leisa Hutcheson, Risk Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney This item pertains to a claim filed by Ramar Communications against the City of Lubbock for damage to their AM radio towers located at 904 East Broadway. The basis of the claim is the allegation that the Water Utilities Department, while conducting archeological excavations, dug into the radials that surround the AM radio towers. FISCAL IMPACT: The funds for settlement of this claim in the amount of $67,691.04 are available in the Risk Fund. Staff recommended approval of this resolution. (32.) Resolution No. 2004-R regarding ownership of University Plaza for the benefit of South Plains College and in accordance with the Higher Education Authority Act. 406 Regular City Council Meeting May 6, 2004 Page 407 This item was moved from consent agenda to regular agenda and was considered following Item 23. This item was continued. The City of Lubbock created the Lubbock Education Facilities Authority, Inc. by Resolution No. 6220, February 25, 1999, for the purpose of aiding institutions of higher education, secondary schools, and primary schools in providing educational facilities and housing facilities. The South Plains College Board of Regents has requested that the Lubbock Educational Facilities Authority issue 30-year term revenue bonds to finance the acquisition and ownership of University Plaza by On Track Ministries, Inc., a 501(c)(3) Texas nonprofit corporation for the benefit of South Plains College. In addition, South Plains College has agreed to accept, and has authority to receive legal title to University Plaza not later than May 1, 2034 when revenue bond obligation issued to acquire the facility is paid in full. The Higher Education Authority Act requires approval of the City, the County, and Lubbock Independent School District (LISD) in order for this project to occur. For further explanation of this project, see the attached letter requesting approval. FISCAL IMPACT: None. The project is not seeking any ad valorem tax advantage and approval of the joint resolution should have no adverse effect on the property tax base of the City. The resolution creating the Authority recites that the obligations of the Authority "shall not be deemed an indebtedness, liability, general, special or moral obligation or pledge or loan of the faith or credit or taxing power of the State of Texas, the City or any other political subdivision or governmental unit, nor shall such obligations constitute an indebtedness within the meaning of any constitutional or statutory provision whatsoever." Staff recommended approval of this resolution. Council Member Martin asked that the bond covenants be required to have a proposal that is inescapable; that during the time that the bonds are issued, that they cannot take this property off the tax roll. Council Member Boren asked who was on the Lubbock Education Facilities Authority Board? Andy Burcham, Cash and Debt Manager, provided the names. Council Member Martin asked if that board had approved this request. Mr. Burcham stated it had not been to the board and they had not made a recommendation. Darrell Guthrie, representing Prime Campus, stated he and Star Schulke, representing the ownership of University Plaza, were agreeable to working with the Council to ensure that this stays on the tax rolls. Mr. Guthrie stated they thought they should go to LISD, County Commissioners and the City of Lubbock before going to the Lubbock Education Facilities Authority Board. Mr. Schulke stated that the borrower, On Track Ministries, is a Texas -based 501(c)(3) that is established to provide affordable housing. Council Member Martin requested a list of the officers, directors and stockholders of the corporation, together with a copy of the 501(c)(3) exemption form from the IRS and latest annual report. He also requested that this item be continued at this date. Council Member Boren stated he felt this should be continued until more information is gathered in order that the citizens will know what is going on. He also requested that a letter be sent to LISD Board of Trustees and Superintendent letting them know Council's concerns and that we are asking for more information before passing this item. 19YA Regular City Council Meeting May 6, 2004 Page 408 Motion was made by Council Member Martin, seconded by Council Member Boren to continue Item 32. Mayor McDougal asked Anita Burgess, City Attorney, if this needed to be continued to a date certain. She stated it should be continued until these matters have been resolved. Council Members Martin and Boren withdrew the motion and second. Motion was made then by Council Member Martin, seconded by Council Member Boren to continue Item 32 until the second meeting in May of 2004. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 40. (33.) Resolution No. 2004-R0221 to reimburse bond -funded capital expenditures for sewer system improvements, with proceeds of future debt not to exceed $6,400,000. RESOLUTION NO.2004-R0221 A RESOLUTION declaring expectation to reimburse expenditures with proceeds of future debt. WHEREAS, the City of Lubbock, Texas (the "City") plans to issue tax exempt obligations to finance the costs of improvements and extensions to the City's Sewer System (collectively, the "Projects"); and WHEREAS, prior to the issuance of such obligations, the City will make expenditures for the Projects from existing funds on hand; and it is the intent of the City to reimburse such funds with the proceeds of sale of such obligations; and WHEREAS, under Treas. Reg. 1.150-2 (the "Regulation"), an official intent to reimburse expenditure with the proceeds of tax exempt obligations must be made within 60 days of the date of the original expenditure; and WHEREAS, the City desires to preserve its ability to reimburse the expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT the City reasonably expects to reimburse capital expenditures with respect to the Projects paid with funds on hand from the proceeds of sale of tax exempt obligations hereafter to be issued, and this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of tax exempt obligations expected to be issued for the Projects is $6,400,000. PASSED AND ADOPTED this May 6, 2004. CITY OF LUBBOCK, TEXAS /S/ MARC MCDOUGAL Mayor ATTEST: /s / Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/Andy Burcham Cash & Debt Manager The following capital project for the City's Sewer System was presented for approval in a revised budget ordinance at the March 4, 2004 Council Meeting. Subject to Council approval, bonds will be issued for this capital Regular City Council Meeting May 6, 2004 Page 409 project during the 2004-05 fiscal year. This project is expected to have expenditures prior to the issuance of debt: Sewer Lines Ahead of Sharp Freeway Phase 2 $1,600,000 Three additional projects are expected to be funded by the 2004-05 bond issuance, and will be presented for approval during the regular revised budget process. These projects are also expected to have expenditures prior to the bond issuance: Sanitary Sewer Tap Replacements $400,000 SEWRP Improvements — Sand Filters $2,000,000 SEWRP Improvements — Sand Filters $2,000,000 City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are expected to be sold and delivered within the 2004-2005 fiscal year. For authorized construction projects there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. The amount of the reimbursement resolution is more than the expected cost of the projects. The dollar amount of reimbursable expenses has been expanded to cover the costs of issuance and to provide some cushion in case the project costs escalate prior to bond issuance. This resolution does not authorize the expenditure of funds on these projects, but only allows approved expenditures to be reimbursed from bond funds. FISCAL IMPACT: This resolution allows reimbursement of authorized costs incurred in advance of the bond issuance in order that the projects may be completed within prescribed timeframes. Staff recommended approval of this resolution to reimburse no more than $6,400,000. Staff recommended approval of this resolution. (34.) Resolution No. 2004-RO222 to reimburse bond -funded capital expenditures for street improvements, with proceeds of future debt not to exceed $8,500,000. RESOLUTION NO.2004-RO222 A RESOLUTION declaring expectation to reimburse expenditures with proceeds of future debt. WHEREAS, the City of Lubbock, Texas (the "City") plans to issue tax exempt obligations to finance the costs of improvements and extensions to the City's Sewer System (collectively, the "Projects"); and WHEREAS, prior to the issuance of such obligations, the City will make expenditures for the Projects from existing funds on hand; and it is the intent of the City to reimburse such funds with the proceeds of sale of such obligations; and WHEREAS, under Treas. Reg. `1.150-2 (the "Regulation"), an official intent to reimburse expenditure with the proceeds of tax exempt obligations must be made within 60 days of the date of the original expenditure; and WHEREAS, the City desires to preserve its ability to reimburse the expenditures with proceeds of tax-exempt obligations. Regular City Council Meeting May 6, 2004 Page 410 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT the City reasonably expects to reimburse capital expenditures with respect to the Projects paid with funds on hand from the proceeds of sale of tax exempt obligations hereafter to be issued, and this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of tax exempt obligations expected to be issued for the Projects is $8,500,000. PASSED AND ADOPTED this May 6, 2004. CITY OF LUBBOCK, TEXAS /S/ MARC MCDOUGAL Mayor ATTEST: /s/ Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/Andv Burcham Cash & Debt Manager Bond -funded capital projects for streets projects will be included in the 2003-04 Revised Capital Projects Budget and in the 2004-05 Capital Projects Budget. The bond issuance included in these budgets will partially fund the construction of Milwaukee Avenue from 34`h Street to 981h Street, with an expected cost of roughly $14 million. This project will be funded with contributions from the adjacent land developers and from the issuance of debt. The source of repayment on the debt will be franchise fee revenues. City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are expected to be delivered within the 2004-2005 fiscal year. For authorized construction projects there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. FISCAL IMPACT: This resolution allows reimbursement of authorized costs incurred in advance of the bond issuance in order that the projects may be completed within prescribed timeframes. Staff recommended approval of this resolution to reimburse no more than $8,500,000. Staff recommended approval of this resolution. (35.) Resolution No. 2004-RO223 authorizing the City Manager, or his designee, to execute any documents or instruments necessary to draw or draft upon that certain letter of credit issued by Compass Bank regarding the paving improvements in Western Estates Addition, Lots 206 - 270 and Tracts A - C of the City of Lubbock. RESOLUTION NO. 2004-RO223 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock, or his designee, BE and is hereby authorized to execute any documents or instruments necessary or advisable to draw or draft, or to exercise any and all of the City's rights, upon the Irrevocable Standby Letter of Credit issued by Compass Bank. The Irrevocable Standby Letter of Credit No. 410 Regular City Council Meeting May 6, 2004 Page 411 S26099T from Compass Bank in the amount of $76,000.00 is in regard to paving and drainage improvements in the Western Estates Subdivision of the City of Lubbock, and expires May 14, 2004. A copy of the Irrevocable Standby Letter of Credit 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 May, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ R. Keith Smith Keith Smith, Senior Civil Engineer APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the Irrevocable Standby Letter of Credit is filed with Resolution No. 2004- R0223. Prior to recording any plat, the developer must provide for the associated paving improvements. The paving improvements may be provided for by construction, surety bond, or bank letter of credit. On May 14, 2003, the developer of this subdivision presented a letter of credit authorizing the City of Lubbock to draft the issuing bank in the amount of $76,000 if the required paving improvements have not been constructed. The letter of credit expires by May 14, 2004. Due to a conflict with an existing telephone terminal box, the developer did not complete the paving of Englewood Avenue at Erskine Street. As stated on the face of the plat, the developer is required to pay for relocation of any existing facilities in conflict with the plat configuration. The developer refused to pay SBC for relocation of the terminal box, and SBC refused to relocate the box until they were paid for it. The developer was notified by certified letter dated April 7, 2004 that the City of Lubbock would draw on the letter of credit on May 13, 2004 if the paving improvements have not been completed by that date. In response, the developer has indicated that he intends to complete the paving. The phone box has been relocated and the developer's contractor has started work to complete the paving. It is questionable whether or not the construction can be completed before May 13, 2004. The City Attorney's office advises that this resolution be executed to enable the City to request the draft before the expiration date in the event the paving is not completed. FISCAL IMPACT: If the paving construction is not completed by the developer, and the City does not draw on the letter of credit, the paving of Englewood Avenue will have to be completed at City cost. Estimated cost to complete the paving is $10,000 and would come from the Capital Project: Subdivision and Assessment Paving, Account No. 9516. 411 Regular City Council Meeting May 6, 2004 Page 412 Staff recommended approval of this resolution. (36.) THIS ITEM WAS DELETED (37.) Resolution No. 2004-RO224 -BID #040-04/RS — for sand and gravel -annual pricing (Street Maintenance). RESOLUTION NO.2004-RO224 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 sand and gravel, annual pricing, per ITB #040-04/RS, by and between the City of Lubbock and R.E. Janes Gravel Company of Slaton, 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 City Council. Passed by the City Council this 6th day of May, 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/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2004-R0224. This bid establishes annual pricing for the purchase of sand and gravel used for various street seal coat projects. Firm pricing is good for one year with an option to renew annually for up to two additional one-year terms. Fifty-one local businesses were notified of the Invitation to Bid. FISCAL IMPACT: A total of $569,484 was appropriated with $569,484 available in project number 8260 (Paved Streets) for this purpose. Staff recommended awarding bid to R.E. Janes Gravel Company of Lubbock, Texas for $197,060. (38.) Resolution No. 2004-RO225 -BID #051-04/RS — for Park Maintenance Equipment (Park Maintenance). RESOLUTION NO.2004-RO225 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for park maintenance equipment per ITB#051-04/RS, by and between the City of Lubbock and Associated Supply Company of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 412 Regular City Council Meeting May 6, 2004 Page 413 Passed by the City Council this 6th day of May, 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/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0225. This bid is for the purchase of one skid steer loader, one pneumatic tire mounted vacuum, two off -road utility vehicles, and three utility flatbed trailers for Park Maintenance that was funded in FY 00-01 and postponed every year since due to budget restraints. This equipment will replace old and worn out equipment and will be used at various parks around town as well as the Cemetery. Sixty-eight local businesses were notified of the Invitation to Bid. FISCAL IMPACT: A total of $106,000 was appropriated with $106,000 available in project number 90090 (Parks Equipment Replacement) for this purpose. Staff recommended awarding bids to Associated Supply Company, Inc. of Lubbock, Texas for $46,885; Jones Equipment & Turf, Inc. of Fort Worth, Texas for $18,881; Professional Turf Products of DFW Airport, Texas for $11,773.24; and South Plains Truck & Equipment, Inc. of Lubbock, Texas for $9,450. (39.) Resolution No. 2004-RO226 - BID #054-04/BM — for induction motor for high -output water pump (Public Works). RESOLUTION NO. 2004-R0226 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 induction motor for high -output water pump per ITB #054-04/BM, by and between the City of Lubbock and Lubbock Electric Company, Inc. of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 6th day of May, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 413 Regular City Council Meeting May 6, 2004 Page 414 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0226. This bid is for the purchase of a replacement motor to be installed by City technicians at Water Utilities Pumping Station #9. The motor is used to drive a high output water pump for the distribution system and is critical to the operation of this pumping station, particularly during the summer months when water usage is at its peak. This purchase became necessary when the existing unit suffered catastrophic failure and burned all components of the motor. Due to the critical nature of this facility to supply water to the west Lubbock water distribution system, it is imperative that this motor be restored to regain maximum pumping capability. The low bid by Smith Pump of Fort Worth, Texas is not quoted as specified because the dimensions of their motor (72 inches) greatly exceed the dimensions of the old unit (38.75 inches). Due to space limitations at the pump site, the motor bid by Smith Pump is unacceptable. FISCAL IMPACT: A total of $76,856 was appropriated with $35,000 available in project number 90120 (Pumping System Rehab) for this purpose. Staff recommended bid award to Lubbock Electric Company, Inc. of Lubbock, Texas for $34,908. (40.) Resolution No. 2004-RO230 - BID #065-04/RS — for the North University Gateway Construction (Business & Neighborhood Development). RESOLUTION NO.2004-RO230 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the North University Gateway Construction, Bid #065-04/RS, by and between the City of Lubbock and Brown -McKee, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 6th day of May, 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 414 Regular City Council Meeting May 6, 2004 Page 415 APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0230. This item was moved from consent agenda to regular agenda and was considered following Item 32. This project involves the construction of public improvements for the North University Street Gateway Enhancement Project at University Avenue and Third Street. Construction includes Friendship Tower, towers for banners, a water feature, hardscape (concrete, etc.), landscaping, ground preparation, and an irrigation system. The vision of implementing an enhancement project on University Avenue from Fourth Street to the Jim Bertram Canyon Lakes System was first identified in 1998 by the Citizens Advisory Committee process. This committee designated $500,000 for matching grant opportunities to be used on the North University Enhancement project. The capital project was approved by the City Council and was approved by the citizens of Lubbock through a bond election. The intent of this project is to provide a gateway into North Lubbock and to initiate a portion of the North University Avenue enhancement effort. Time for completion of this project is 180 consecutive calendar days and liquidated damages is $250 per day. Thirty-one local contractors were notified of the Invitation to Bid FISCAL IMPACT: A total of $540,000 was appropriated with $441,613 available in project number 90095 (North University Enhancement) and $40,000 available in a Community Development grant for this project. Staff recommended contract award to Brown -McKee, Inc. of Lubbock, Texas for $394,507. Council Member Hernandez gave a presentation. Motion was made by Council Member Hernandez, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO230 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 43. (41.) Resolution No. 2004-RO227 - BID #072-04/RS — for a 60 ton air-cooled chiller for the Police Academy (Facilities Management). RESOLUTION NO.2004-RO227 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for 60 ton air cooled Trane chiller for the police academy per ITB#072-04/RS, by and between the City of Lubbock and Trane Company of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 415 Regular City Council Meeting May 6, 2004 Page 416 Passed by the City Council this 6th day of May, 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/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2004-R0227. This bid is for the purchase of a new 60-ton air-cooled chiller with remote condensers for the Police Academy. The existing chiller no longer operates, is cost prohibited to repair, and has out lived its useful life. The new unit will be purchased from Trane Company of Lubbock, Texas using the Texas Cooperative Purchasing Network (TCPN) contract. FISCAL IMPACT: A total of $70,000 was appropriated with $35,000 available in project number 90350 (Executive Conference Room) for this purpose. Staff recommended bid award to Trane Company of Lubbock, Texas for $34,880. (42.) Resolution No. 2004-RO228 - RFP #207-03/BM — for Architect Engineer (A/E) services for security improvements at Lubbock International Airport (Aviation). RESOLUTION NO.2004-RO228 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for A/E Services for security improvements at Lubbock International Airport per RFP #207-03/BM, by and between the City of Lubbock and Parkhill Smith & Copper, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 6th day of May, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 416 Regular City Council Meeting May 6, 2004 Page 417 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0228. The purpose of this contract is to engage an Architect Engineer to develop plans and specifications for security improvements at Lubbock International Airport. The improvements will include: Expansion of the current computerized access control system to include new additional automatic vehicle gates along the perimeter fence; A law enforcement center for Lubbock International Airport Police Department in the basement of the terminal; Exit monitoring technology to be installed at two revolving doors in the terminal; and Three portable guard shelters to be used for vehicle inspections. Six firms responded to the Request for Proposal (RFP). A selection committee with one representative from Facilities Management and two representatives from the Department of Aviation reviewed the proposals using the following criteria: 1) Substantial successful experience in completing similar projects(20%); 2) Demonstrated knowledge and understanding of the project (20%); 3) Substantial representations regarding the firm's qualifications and demonstrated design skill appropriate to this project and the technical capabilities and professional competence of the assigned personnel (20%); 4) Substantial capability to meet schedules and deadlines as well as the capability to complete projects without having major cost escalations, change orders or overruns (20%); and 5) Record of performance based on previous work with the City and/or other client references (20%). The Committee ranked the proposals as follows: Parkhill, Smith and Cooper, Inc. Lubbock, TX 278.0 Nelson Hodges Dallas, TX 270.0 Grimes & Associates Wolfforth, TX 253.0 Chapman & HDR Lubbock, TX 246.6 Aquirre Dallas, TX 227.4 Trevor Ford Lubbock, TX 183.6 The Evaluation Committee felt that the submitted proposals adequately covered the requirements of the RFP and chose not to require oral presentations. FISCAL IMPACT: A total of $1,534,767 was appropriated with $1,534,767 available in project number 90231 (Undesignated Security Project) for this purpose. The funding for this project comes from an FAA-AIP Grant (90%) and the Passenger Facility Change Program (10%). 417 Regular City Council Meeting May 6, 2004 Page 418 Staff and Airport Board recommended this contract award to Parkhill, Smith and Cooper, Inc. of Lubbock, Texas for $237,110. The next item considered was Item 11. (43.) Resolution No. 2004-110231- BID #064-04/BM —for Twelve -Inch PVC Pipe (Public Works). RESOLUTION NO.2004-RO231 WHEREAS, the City of Lubbock solicited bids (ITB # 064-04/BM) for a certain quantity of PVC Pipe (herein so called) for use by the City of Lubbock; WHEREAS, Section 271.905 of the TEXAS LOCAL GOVERNMENT CODE provides that if the local government of a municipality with a population of 200,000 or less receives one or more bids from a bidder whose principal place of business is in the local government, and whose bid is within three percent (3%) of the lowest bid price received by the local government from a bidder who is not a resident of the local government, the local government may enter into a contract with either the lowest bidder, or the bidder whose principal place of business is in the local government, conditioned upon appropriate findings of the governing body; WHEREAS, Watermaster Irrigation Supply, Inc., with a principal place of business located at 6001 Brownfield Highway, Lubbock, Texas, is located within the city limits of the City of Lubbock; WHEREAS, Watermaster Irrigation Supply, Inc. submitted a bid to the City of Lubbock for a contract to supply the PVC Pipe in accordance with the above -referenced ITB # 064-04/BM, said bid being in an amount that is within three percent (3%) of the lowest bid price received; and WHEREAS, the City Council of the City of Lubbock finds that the bid submitted by Watermaster Irrigation Supply, Inc. offers the City of Lubbock the best combination of contract price and additional economic development opportunities for the City of Lubbock and its residents, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock; NOW THEREFORE: 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 twelve -inch PVC pipe between the City of Lubbock and Watermaster Irrigation Supply, Inc., 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 May, 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/ Amy Sims Amy Sims, Assistant City Attorney Regular City Council Meeting May 6, 2004 Page 419 A copy of the Purchase Order is filed with Resolution No. 2004-RO231. This item was moved from consent agenda to regular agenda and was considered following Item 40. This bid is for the purchase of 2,800 feet of 12-inch PVC pipe required to extend the existiy water distribution system to Ampride Addition, Tract A, at 7822 82" Street. The City will furnish either the Pipeline Maintenance crew or the City's annual unit price contractor to install the pipe. The landowner has already paid all water extension charges in full. The lowest bid meeting specifications is from Sims Plastics of Odessa, Texas for $34,18. Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within 3% of the lowest bid price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in writing, that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock. In order to receive consideration of the location of the bidder's principal place of business for bid award, bidders are required to submit an Affidavit of Eligibility. The $34,244 bid from Watermaster Irrigation of Lubbock, Texas is within 3% ($56 or 0.16%) of the low bid from a non-resident bidder and an Affidavit of Eligibility (included in Council backup) was submitted by the bidder. Twenty-five local suppliers were notified of this Invitation to Bid. FISCAL IMPACT: A total of $50,402.12 was collected from customer with $50,402.12 available in project number 222.9241.04953 (Water Pro Rata) for this purpose. Staff recommended bid award to Sims Plastics of Odessa, Texas for $34,188. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to pass Item 43. Council Members Gilbreath and Morrison withdrew the motion and second. Council Member Gilbreath stated there was a second low bidder who offered the best combination of price and economic development opportunities for the City and was within $50 of the low bidder. Motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass Resolution No. 2004-RO231 and award the bid to Watermaster Irrigation of Lubbock, Texas. Motion carried: 6 Yeas, 0 Nays. Council Member Gilbreath stated that he had visited with Victor Kilman, Purchasing Agent, and staff has to recommend the low bidder. Mr. Kilman was very supportive of having the local firm do this work. They also discussed placing items with situations like this on the regular agenda, rather than consent agenda. The next item considered was Item 45. C11N Regular City Council Meeting May 6, 2004 Page 420 ORDINANCES FOR PASSAGE Second Readin (44.) ORDINANCE NO. 2004-00050—ZONE CASE NO. 1913-B (east of West Loop 289 between 22°d and 241h Street): Ordinance to consider the request of Hugo Reed and Associates, Inc. (for Consolidated Residential, LLC) for a zone change from C-2 to AM Specific Use for a motel on 1.646 acres of unplatted land out of Section 44, Block AK (second and final reading). ORDINANCE NO.2004-00050 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1913-13; A ZONING CHANGE FROM C-2 TO AM SPECIFIC USE FOR A MOTEL ON 1.646 ACRES OF UNPLATTED LAND OUT OF SECTION 44, BLOCK AK, LUBBOCK, TEXAS; SUJBECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 45. Council Member Martin had requested that the proponents bring some elevation of this particular motel before the second reading of this ordinance. This was presented on the screen today. He had also asked staff to check with Lubbock Christian University (LCU) to see if they had any objection to this case and Dr. Ken Jones, President of LCU, has written a letter stating they do not have any objections. Motion was made by Council Member Martin, seconded by Council Member Boren to pass on second and final reading Ordinance No. 2004-00050 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 46. (45.) ORDINANCE NO. 2004-00043 (2301 5" Street): An ordinance abandoning and closing three 20 foot alleys located in Blocks 64, 65, and 125, Overton Addition, 51h Street between Avenue V and Avenue X, Overton Addition, and Avenue W between the north right-of-way line of 6th Street and the South right-of-way line of the existing alley between 4th Street and 5th Street in the Overton Addition to the City of Lubbock (second and final reading). ORDINANCE NO. 2004-00043 AN ORDINANCE ABANDONING AND CLOSING THREE 20-FOOT ALLEYS LOCATED IN BLOCKS 64, 65 AND 125, OVERTON ADDITION, 5TH STREET BETWEEN AVENUE V AND AVENUE X, OVERTON ADDITION, AND AVENUE W BETWEEN THE NORTH RIGHT-OF-WAY LINE OF 6T11 STREET AND THE SOUTH RIGHT-OF-WAY LINE OF THE EXISTING ALLEY BETWEEN 4TH STREET AND 5TH STREET IN THE OVERTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This item was considered following Item 43. These alley and street portions in the Overton Addition are being closed as part of the McDougal North Overton redevelopment project. This four -block area that includes the alley and street closures is being replatted into Tract 7 and Tract 8, Overton Park Addition. The agenda comments for the first reading of this ordinance (April 6, 2004) indicated that a cul-de-sac would be dedicated on Avenue W south of 4th Street. The approved replat has omitted the cul-de-sac dedication and that causes a revision in the amount due the City for these street and alley closures. The 420 Regular City Council Meeting May 6, 2004 Page 421 original amount due was $52,714.06 and the new revised amount is $55,023.87. FISCAL IMPACT: Income to the City of $55,023.87. The Right -of -Way Department recommended the approval of the second reading of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass on second and final reading Ordinance No. 2004-00043 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. The next item considered was Item 44. FINANCE Budget and Research (46.) ORDINANCE NO. 2004-00054: amending the Fiscal Year 2003-04 Budget (second and final reading). ORDINANCE NO.2004-00054 AN ORDINANCE MAKING CHANGES IN THE FY 2003-04 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. This item was considered following Item 44. Staff presented the Revised Budget for fiscal year 2003-04 for the General Fund and Enterprise Funds as well as Capital Projects during the City Council Work Session on April 22, 2004. A summary overview by fund was provided. The following revisions are submitted as part of the 2nd reading of the Revised Budget. All changes are compared to the original Revised document. 1. The surcharge revenue in the Sewer Fund has increased by $98,739; the transfer to Sewer Capital has increased by $98,739; the use of unallocated bond interest will not be used to fund capital projects. 2. A project in the Solid Waste Capital Projects fund is included. The Cell 2 Excavation project is requesting an additional $420,000 to come from the Solid Waste Capital Projects Fund. 3. Market Lubbock Inc. has decreased Hotel/Motel Tax True -up by $11,428 and subsequently reduced servicing/event support expenditures by the same amount. 4. Interest on bond proceeds is being moved to the debt service fund for payment on existing debt. This will decrease the transfer from each of the individual operating funds for debt service as outlined below. a. Water - $376,055 b. Sewer-$99,677.45 c. Solid Waste-$146,243.55 d. Storm Drainage-$ 23 8,22 8.79 e. Electric-$ 5 3,046.84 There is also interest on bond proceeds on general obligation bonds that will be transferred to the debt service fund in the amount of $908,530.31. The property tax rate has previously been set to exactly cover this year's debt service requirements. Due to this transfer, the fund balance in the debt service fund will increase in the amount of $908,530.31. 1. Community Development will fund $155,000 for the addition of three Codes Enforcement Inspectors and the cost of demolitions. Due to this change, a total of three positions will be added to the Grant Funded I.V141 Regular City Council Meeting May 6, 2004 Page 422 positions subsection in the Personnel Summary; bringing the total number of Full-time positions to 1,724. 2. The amount of $100,000 will be added to the Library System Improvement account in the Mahon Library Cost Center for the purchase of Library Materials as recommended by the City Council. To offset this additional expenditure, the sales tax projection will increase by $100,000 to $29,744,043. This additional funding will allow for the purchase of the following library materials for all libraries, including the branches: • Newspaper and magazine subscriptions • Reference books • Adult fiction and non-fiction books • Children's books • Books for teens • Audio books, videos, DVDs FISCAL IMPACT: The budgets being presented remain balanced. Staff recommended approval of the second reading of this ordinance. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2004-00054, which includes the language where the City Manager may provide all raises in salary, allowances or compensation in any form for the assistant city manager or managers, managing directors, fire chief and police chief without the prior approval of the City Council. Due to the volume of discussion on this topic, the following is a transcript of the discussion: MCDOUGAL: Discussion. BOREN: I would like to -- MCDOUGAL: I'm sorry, Gary, but discussion on the entire second reading of the ordinance. BOREN: Do you want to start on the budget revision and then go to the motion with certain component part that I agree or disagree with? MCDOUGAL: Wherever you want to start. You've got the floor. BOREN: Okay. Let's go to the budget aspect first. I had a question on No. 2. 1 guess it's page 2, No. 2. It says: "The amount of $100,000 will be added to the Library System Improvement account in the Mahon Library Cost Center for the purchase of Library Materials...". I think Councilman Gilbreath had requested if any possibility that we add more funds to purchase books. And to offset this additional expenditure, the sales tax projection will increase by $100,000 to $29,744,043. Can you — where is the — Ms. Trevino, could you come to the — or Beverly, I would like to know on your sales tax projections how you "ratcheted up" another hundred thousand dollars here. HODGES: When we asked about adding the hundred thousand dollars in books, we presented that to the Acting Deputy City Manager and the City Manager and that was their decision. That was not the recommendation of the budget office to increase that revenue account. GILBREATH: We are running about a half million dollars ahead right now, aren't we? HODGES: About 300,000. GILBREATH: 300,000. 422 Regular City Council Meeting May 6, 2004 Page 423 HODGES: But, what we've experienced in the last two years is a down turn in that sales tax revenue that's been not typical of the trend in that revenue source. recasting lities BOREN: Well, let me, let me ask this question. You'reSales tax Lubbock has exceeded itssales have been very aggressive. tax each year, but has not equaled the aggressive forecasting budget techniques that the budgeting department has used for budgetary purposes to either inflate or to show possible more revenue. When it's really, it's impossible or hasn't been the trend to have that occurrence. HODGES: I can't speak for the former Interim City Manager. It was his decision to put in a 3-1/2% increase in sales tax. What we show in the revised budget is more conservative at 1.9%, absent the additional $100,000. MCDOUGAL: Which is about where it was a year ago? HODGES: Yes. BOREN: Which is, you are saying 1.9% for the fiscal year 03-04 or 1. -- HODGES: Yes. BOREN: Okay. So are you, then I guess my question would be, are we taking a hundred thousand of the increase and dedicating it to the library books? Is that the — FOX: Essentially, in the proposed budget we estimated a decrease of 900,000 and so what we are doing, we are amending that to about 800,000, which we feel, I feel comfortable with that, in kind of looking it over and talking to others. It's still, it's still projecting a reduction in the original projection. BOREN: What I want to be sure is that the citizens realize, because it's such an important economic gauging tool of how an economy is doing in the community, is your unemployment rate and your sales tax. Our unemployment rate is low, which is a good sign. And we have been meeting or exceeding sales tax over each year. But because of aggressive city hall forecasting, unrealistic forecasting, when you put 3.5% and then you turn out reports and say that we fell short, it looks like our economy is not churning or doing as good as it should be. When the problem is that we are not using accurate data to forecast property down here for sales tax. With that in mind, then I will look at where we have had a request from a councilman to add a hundred thousand dollars to a worthy project to add more library books to the budget and then what we find out is that it is coming from the sales tax. So it's sort of a — it's not an honest picture, I guess is what I am trying to say and I want to be sure that we shoot straight with the citizens that our sales tax receipts, which show how our economy is doing is higher than the previous year. But it's not as high as has been forecasted by the budget department, which I guess came from the previous City Manager. He asked that you do that? HODGES: Yes. That was his decision. BOREN: And I guess what you're saying, Lou, is that you believe that and I guess we are in some possibly good months. I know, isn't it March and October sometimes aren't your best months, because we've had trends that show that those aren't necessarily good sales tax months. But you are saying that with the way our sales tax are still generating more revenue than projected, that we can still meet this need for the library books. FOX: I believe that's true. GILBREATH: Any time you do a budget, you've got to project your revenue. The City of Lubbock has lots of different revenue sources. Sales tax being one of those. And we are ahead and it's projected that we will remain 423 Regular City Council Meeting May b, 2004 Page 424 ahead with our sales tax revenue and I would submit that this is a worthy use of those funds. MORRISON: When we did the original budget for libraries, there were additional funds put into the library budget for purchasing books. HODGES: I believe the library book number went up and down during the process. MCDOUGAL: Well, I think actually what happened, I think what you're recalling, we, the library budget was cut and then we came back during budget consideration and added some money back to it, but did not add back all that was cut. Is that not the way that took place? MORRISON: Was all of the money that was put back in, and I remember a number of 275,000 or something like that, thousand dollars, was that money spent on books? Or let me ask that question a different way. Jane, how much money have you spent this year on books? CLAUSEN: I don't what we've spent so far on our budget. I believe it's been over 50%, because we wanted to spread it out over the whole fiscal year. MCDOUGAL: One of the things, Frank that was cut was subscriptions, magazines, newspaper subscriptions. Purchase of new books was also cut, but I think the big one was the subscriptions, is that not correct? CLAUSEN: We had to cut subscriptions in order to have enough money to buy new books and other materials. GILBREATH: Yeah, and while this doesn't get us completely whole, it gets us down the road pretty far. CLAUSEN: It would be very helpful. MCDOUGAL: It's a step in the right direction. GILBREATH: Absolutely. MORRISON: Guys, I apologize if I'm misleading you. I'm on your side of this discussion. It was - the only reason — the basis for my questioning is when we had this discussion two weeks ago, I had a departmental level expenditure list and it showed $287,000 or $275,000 that for some reason clicked in my mind that that was for the purchase of books that had not been used. CLAUSEN: No, we have been — MORRISON: And I just want to be sure that the money that was there was actually given to you to be used for that purpose and that's what you've been doing. CLAUSEN: Yes. We received - our materials budget for this fiscal year is currently $271,180. MORRISON: And you say you've spent approximately half of that. CLAUSEN: I believe so. MORRISON: What is that relative to what it has been in prior years? CLAUSEN: Well, last fiscal year it was reduced to $270,000. Then prior to that, I believe it was around $400,000. MORRISON: So, whenever the argument is put forward that there is a bunch of padding and cushioning and extra money in our budget, purchasing books for libraries is not one of them? CLAUSEN: No. MORRISON: We've been cutting out books. When we cut the budget, we've actually cut books out of your budget. CLAUSEN: Right. That's about the only place there was to cut. MORRISON: Okay. Thank you. 424 Regular City Council Meeting May 6, 2004 Page 425 BOREN: Beverly, I have a question I'd like to ask you. Just for the sake of discussion, if we don't meet, if we stay even or just half of 1 % on our sales tax projection on revenue, what kind of percent are you forecasting to the end of this fiscal year? HODGES: We had put in a 1.9% growth. BOREN: 1.9%. Are we staying consistent with that from what you see since last October. HODGES: Yes. MCDOUGAL: We're ahead of that. BOREN: Okay. If you don't or if you get to a slow month, we'll still be in a positive, depending on how slow the month will be. HODGES: Right. And we're watching it every month. I don't want anybody to think we're not. I mean, beginning in October when it didn't meet our expectations, we were very sensitive to that. And so, we are going to continue to watch it month -by -month and you know, if the library books are in there, then, you know, come July if all of a sudden we are falling back, we are going to put everybody on notice and ask them to stop, you know, purchasing supplies or whatever we have to do. And we would do that anyway. BOREN: Well, just to end the discussion on sales tax. There's two good news points on this thing. Sales tax receipts are up in Lubbock, Texas. And the second thing is, your department will be doing a better job of forecasting sales tax or what you wanted to do previously that you didn't get to do to better reflect what we are trying to do in our budget and not try to put a high figure up that's unreachable just to have a false picture of a budget. Which means we have to come to the general fund, undesignated fund balance, to make up the difference if we miss the mark. So, it's really good news on the sales tax. _ HODGES: Yes, and I think we said that when we presented last week, that we were experiencing positive growth. BOREN: Well, your slide said differently, but I raised the question — slow growth in the budget figures. HODGES: It was posed a little differently on the presentation. HERNANDEZ: Let me ask you a couple of questions along the same line, Beverly. You — and let me just kind of recap. You are saying that the sales tax revenue projections before were 3.5 and you have reduced that to 1.9? HODGES: Yes. HERNANDEZ: Secondly, you are saying that I know there were concerns October of last year that we had not met the projected amount and that there were additional concerns that we wouldn't meet it in November, but we did. And from that point forward, we've pretty much met it. HODGES: Yes. Every month except October, we've exceeded that expectation. HERNANDEZ: The other point is that even though the sales tax revenue projection of 3.5 could be considered aggressive, we also did not, we underrepresented or we weren't as aggressive with relates to the franchise fee. — HODGES: The franchise fee, we projected some increase there based on future negotiations. Back in the summer, I don't think anybody was real sure where these negotiations were going to end up. So now at revised, we know where they ended up, at 5%, and so we projected that into the franchise calculation. HERNANDEZ: So that helped make up a big deficit, didn't it? HODGES: Yes. 425 Regular City Council Meeting May 6, 2004 Page 426 HERNANDEZ: Okay. MCDOUGAL: I just want to make sure everyone understands that we have also instructed, I think prior to Lou getting here, we passed a resolution that would ask the City Manager to take the increase from the franchise fees and put into the Gateway Streets Project. HODGES: And that would be in fiscal year 04-05. MCDOUGAL: So nobody can plan on using that money in the general budget next year. HODGES: But the revised budget had the — MCDOUGAL: I understand. I just wanted to make sure we were all still clear on that. MARTIN: Mr. Mayor, we have a — what is the motion on the floor? MCDOUGAL: Motion on the floor is to approve the budget on second reading based on the resolution --- MARTIN: Giving the City Manager the authority to make executive raises without prior approval. MCDOUGAL: That's correct. That's part of it, that's part of it. MARTIN: I would like to offer an amendment, Mr. Gilbreath, to your motion and that is to transfer $140,000 from the capital project fund No. 90015, which is Irrigation and Lighting Automation. That's a couple of million dollars that's set aside for undesignated park irrigation and lighting projects, and transfer that to the Remington Park Improvement Capital Project, which currently has zero money to accomplish the things we looked at as a council several months ago with the Remington Park Neighborhood Association. GILBREATH: I'll accept that as a friendly amendment. MORRISON: I'd like to ask — MARTIN: This will be — I believe it's $120,000 and it would not change the bottom line on the revised budget and it's a proper and legitimate use of funds. MORRISON: I'd like to ask Mr. Gilbreath if we could vote on that separately. Because I understand your desire over there, Tom, but I have looked at that area and from my perspective, it's not as severe a situation as what it's been portrayed. I do believe that some improvements could be made over there. But allocating $140,000 to it, there are parks in District 4 that have been there for 30 years that don't have improvements. There are other areas that we need improvements in and I would prefer to vote on this amendment separately. GILBREATH: Who seconded my motion? GARZA: I show Councilman Morrison. GILBREATH: Well, then you don't have to accept the second as a friendly amendment. So we will have to vote on it separately. MCDOUGAL: Okay. Tom has offered up in the form of a motion, an amendment accepted by Jim, not accepted by Frank. Is there a second to Tom's amendment? BOREN: Second. MCDOUGAL: Anita, I believe I have a motion and second and I have a motion and second for an amendment. I vote on that first, correct. BURGESS: You are supposed to vote on the amendment first. MCDOUGAL: Okay. We have a motion and second on amendment to add $140,000 for Remington Park. MORRISON: Discussion. 426 Regular City Council Meeting May 6, 2004 Page 427 MCDOUGAL: Discussion. MORRISON: I would just like to say, Tom, I understand your issue over there. I understand their concern. But as I said, I think the 140,000 is more than what we need to spend in an area like that when there are other parks, that are parks rather than drainage areas, and that's what that is, where the money could be spent. So I am going to oppose this amendment. GILBREATH: If my memory serves me correctly, Remington Park was going to serve as a "poster child" for how we go forward treating these lakes in neighborhoods. At the time we discussed it, I think it was in a work session, I believe and we were pretty unanimous in our consent that that's — that that was a worthy project to serve as a "poster child". So, I think Councilman Martin's amendment is a good one. HERNANDEZ: Let me just ask a quick question of our Parks Department. A year ago or maybe a little bit longer, our Parks Department did a survey of all of our parks and the needs associated therewith. Where does Remington Park fall in that survey? PEMBERTON: Can you repeat that question? HERNANDEZ: Didn't we a couple of years ago, Corbin, maybe did a survey of all of the City parks and determined what needs were required at each site and ranked them? I thought we used like A, B, C or D. PEMBERTON: Yes. We had done a ranking system on all the parks at that time. As Councilman Morrison pointed out, the Remington Park playa area, the storm water area, is not a dedicated park. Consequently, it was not included in that ranking -- HERNANDEZ: Was not included. PEMBERTON: -- because it wasn't dedicated as a park. If these improvements were to go through, I am anticipating that we would bring back an action item to the City Council to go ahead and dedicate that as a park. HERNANDEZ: Thank you. Got ya. MCDOUGAL: Is there any other comments on the motion on the floor, the amended motion? BOREN: Just for clarification, Tom, why don't you give the address where Remington Park is -- MARTIN: It would be in the 7300 — 7400 block of Albany Avenue. It would be west of Albany, and it was the only one that I am aware of in the City of Lubbock where the City of Lubbock years ago consciously had houses back up to a drainage hole. It is an eyesore. It is a mosquito breeder. It is a dangerous thing and it's ugly as sin. The only thing I would say in the spirit of camaraderie, Mr. Morrison, is you have one of those drainage holes, not like this one certainly, because the houses don't back right up to it where they're about to slide off in it in District 4. But I haven't heard you make a motion yet to include any funding for that one. If you would, I would be glad to second that. But at any rate, this is one of those, it was a mistake made by the City many years ago and it's time to rectify it. Those homeowners in that area have been most patient and it's time to move on. MORRISON: Well, I understand your point. Part of my objection is a philosophical one in that, let's — I know we are working on the revised budget, but I would rather see these types of activities looked at in a holistic or universal perspective, rather than one at a time. Mr. Gilbreath's comment about it being the "poster child" and our position on it during the work session, I would take objection to the comment that houses are about to slide off in it. I have walked around that and I don't see that. I understand there's some need out there. I understand there's a problem with the growth and the weedy nature of it and I think there 427 Regular City Council Meeting May 6, 2004 Page 428 are ways we can remedy that. But spending $140,000 on an irrigation system to produce a grass cover out there, I don't think is necessary. I think we could add some riffraff into those drainage areas — MARTIN: There's a lot of riff-raff out there. That's the problem. MORRISON: I know that. We could put some rocks -- MARTIN: I think you mean rip -rap, don't you? MORRISON: Well, okay. Fill in erosion holes with some rock is what I am talking about. And there's some things we could do like that, but I don't think that $140,000 is necessary to bring it into a situation of improvement where it can be acceptable. It's not ever going to be a park, except for just those neighbors who walk out their back yard and across their alley. But I understand your concern. I just want to see us as a council approach these issues in a more comprehensive manner, rather than you pick yours out and I'll pick mine and then Gary and then Jim. Let's look at them altogether in a systemic approach rather than one at a time is what I'm talking about. Call the question, Mayor. MCDOUGAL: The question has been called on the amendment to the motion. All in favor of calling the question. Motion carries: 6 Yeas, 0 Nays. All in favor of the amendment. Motion carries: 5 Yeas, 1 Nay. Council Member Morrison voted Nay BOREN: Okay. Mayor, I would like to — does everyone have a copy of this. Did we get copies out? MARTIN: Mayor, I think that was 4-1. 1 think Mr. Hernandez stepped out. MCDOUGAL: Is Victor gone? 4-1. I'm sorry. GARY: Whoever needs a copy, raise your hand. GILBREATH: What's being passed out? MCDOUGAL: A copy of the motion. BOREN: When you read through the ordinance on the revised budget that has been put forth, if you will go down to — there's four sections to it — and I want to speak to Section 3. 1 want to preface my remarks by saying that my philosophical views and my remarks have no way, has no reflection on our City Manager, Mr. Lou Fox, because I have found him to be a straight shooter. I have found him to be forthright. He doesn't play games. He puts things on the table upfront and I really appreciate that, Lou and I'm excited that Lou's here and it's an answer to prayer for me to have you here. FOX: Thank you. BOREN: But on Section 3, it says that we are approving that the City Manager may provide all raises in salary, allowances or compensation in any form for the assistant city manager or managers, managing directors, fire chief and police chief without the prior approval of the City Council. Basically, two years ago when Councilman Martin and myself came on the Council as new members and with newly elected Mayor Marc McDougal at that time, we had come from an election year listening to citizens of Lubbock showing great concern over the integrity and operation of policies at City Hall where assistant city managers and deputy city managers gave themselves raises without people knowing it. And that being the background, along with as we now know of many other things that were taking place through our WTMPA, LP&L, CIF fund and different things like that. That being the background, Councilman Martin and myself, we came forth with two ordinances. One, to where we would stop the transfers between funds, accounts, departments at City Hall. Because you try to find a, follow a piece of the money at City Hall it would go through so many transfers you would end up losing it and you would lost track of what 428 Regular City Council Meeting May 6, 2004 Page 429 was actuality. The second ordinance that we put forth was that the City Manager could not give raises without the prior approval of the City Council. And I looked at that component part as being a good checks and balance. A good management tool of elected people to be sure that good fences make good neighbors. That we know that things are being handled in a proper manner, in a business manner and in a manner that is comparable to your market; not necessarily the Dallas market, the New York market or Houston market. And that's not a reflection on the current city managers. It's not a reflection on any of those, the transition team. It's not a reflection on the Fire Chief or Chief Jones, the Police Chief. They are outstanding people and I have total confidence in their integrity and the way they have dealt with issues. But I think it is a good measuring tool that this elected body retain that ordinance to protect, protect the citizens or at least have disclosure if something is going in salaries that needs to be made public. So, what I will do is on Section 3 of the ordinance is put forth a hopefully friendly amendment that we strike Section 3 and not allow that to be part of our revised budget ordinance that's being offered up today. MCDOUGAL: We have a motion to strike Section 3. Is there a second? Or I guess actually it was a friendly amendment? GILBREATH: Well, he's offered it as a friendly amendment and I do not accept it as a friendly amendment. BOREN: Okay. HERNANDEZ: I will — I'd like to respond though to it, because I think it warrants discussion. I think Councilman Boren is correct that there was a time that some actions were taken and were not reported to this council. And as a result, it caused concern on the part of many of us. And as a natural reaction to that, we did implement a change in the policy. What's being proposed now is for us to revert back to the original policy and giving the authority to the City Manager to use his own discretion. I would remind this Council, we do have a city manager form of government. And that this is in keeping with that form of government. I would also, however, pay heed to Councilman Boren's admonitions and say that I think maybe there's a middle ground here and that is that one of the ways that we can provide, continue to provide the checks and balances that are needed, is to require that the City Manager report to the Council his decisions once made. So that we are kept abreast of any decisions that he has made and so that we don't kind of get into that same situation we were before. So I totally agree with Councilman Boren that we do have the total confidence, or this Council does have total confidence in our current management. I'm not saying that and I don't want it to be interpreted that some of us didn't have the total confidence of previous city managers. But I think now it's unanimous. I will say that I would like to offer a friendly amendment and add a sentence or two and maybe Anita Burgess can help me wordsmith it to where the City Manager must report to the City Council in writing any decisions or any raises in salary allowances or compensation in any form for any of these folks after the fact. That keeps us informed, but it also gives him the independence he needs and the ability to exercise the judgment that he's actually being paid quite a bit of money to exercise. MCDOUGAL: Councilman Gilbreath. GILBREATH: I will accept that as a friendly amendment. MCDOUGAL: Councilman Morrison. MORRISON: Did I second this? GILBREATH: You seconded it. 429 Regular City Council Meeting May 6, 2004 Page 430 MORRISON: I accept that as a second. MCDOUGAL: Okay. FOX: Mayor, if you will, I have no problem with that at all. In fact, as a rule, my own personal rule, I have done that for the last twenty-three years I was in city management. MORRISON: Is — go ahead. GILBREATH: Well, I am just going to add. I think - was it two years ago when you fellows adopted that revision to the ordinance. I think that was appropriate at the time. I agree with Victor. You were wise to do it. I think though when we talk about checks and balances, the City Manager reports to this Council. If the City Manager does not appropriately carry out his duties and responsibilities, and I would include compensation of the assistant city managers, etc. are included in those duties and responsibilities, then it is the responsibility of this Council to make sure that his successor gets the chance to do just that. That is appropriately carry out those duties and responsibilities. So to me those are the checks and balances. MARTIN: Mr. Mayor, I've listened to the debate on this issue and obviously, I philosophically agree with Mr. Boren on this. Because, number one, I helped author this two years ago and I saw the problems. But I also understand the arguments that the City Manager needs some flexibility to be able to operate and right now we have a, we have a good city manager and then I have the confidence in him. One thing on the language, Mr. Hernandez, that you had, as had to report to us in writing, I don't know that I would say in writing. I would say report to us by the next council meeting. That way then he could report that either verbally or in writing. But at least it would allow him to report that to us and I might suggest that as a friendly amendment to the friendly amendment. In other words, I don't want it to — because there was no time limit put on it. So theoretically, a nefarious city manager could wait three years to report it to us. I think making it report by the next council meeting and just whether it is written or oral, either one. Philosophically, I come down on Mr. Boren's side, because of the problems that we saw a couple of years ago. But at the same time, having been an administrator, I know that you have to have some flexibility. Of course, the key is always not abusing that. So I am willing to give a little bit on this issue and I know Mr. Fox won't disappoint us. Hopefully he will still be here when I'm not anymore and the next council can worry about who the next manager might be. MCDOUGAL: Victor, do you accept that as a friendly amendment? HERNANDEZ: Point of order. I'm trying to figure out if it's up to me to accept it or up to the original maker of the motion. BURGESS: Man, ya'll are thoroughly confusing me. MORRISON: Let me — let me speak — let me -- HERNANDEZ: Just to cover bases, I'll accept it. GILBREATH: So will I. MORRISON: So will 1. I was just going to clarify Victor's comments, as I understood them. That he would report to us at the next executive session under the review of the city manager's evaluation process. HERNANDEZ: That's exactly what I meant. Yes. MCDOUGAL: That's what we have now. Does anybody want to offer up a friendly amendment that we have no more friendly amendments? BOREN: Let me, let me, let me say one last few words on this issue and then I will yield. But I want to speak out once again about how a great pleasure in my life has been getting to meet Mr. Fox and getting to 430 Regular City Council Meeting May 6, 2004 Page 431 work with him and listen to his ideas and I have total confidence. But I look at this as one of those things that we are responsible to the citizens. This is a $300m - $350m budget that we are responsible for. Fiduciary, we have our checks and balances. We have our external auditors that we hire. We set in place the audit committee to work with us to ensure the integrity of the funds of the City of Lubbock. We have started the process of separating LP&L from City Hall. We have tried to clean up the WTMPA and all the various issues, the water issues that we are facing. And a lot of those are policy issues and certainly you have to have the quarter back to go out there complete the pass, which Mr. Fox, you certainly do that. And I look at this tool as something that we meet twice a month and I don't look at it as any way of handcuffing or shackling his ability to bring together a management team or to manage a management team. I just think it's good business as elected leaders to have a vote on this one aspect of the budget without having to kill a budget and all or not be able to find a compromise if salaries get out of hand or someone takes advantage of it. I don't foresee that taking place with this administration. I'm looking down years in the future where we may get another situation where things become lax again. People become — when the economy booms, people become very nonchalant. They let their guard down and something could occur. I am going to maintain philosophically, you know, I realize you guys are going to out vote me and out number me today. But I tell you I think it's a wrong move. I think it's a protection that we have instituted and I would ask that you reconsider. With that, I yield. MCDOUGAL: Gary, can you vote in favor of the motion with your noted objection to that one item? I mean, we can't go down and line item, line item vote on the budget. BOREN: I'm just saying on Section 3, this will cause me to vote against the whole revised budget. MCDOUGAL: What about — GILBREATH: Right now, the City Manager can approve expenditures up to what? $25,000, or is it 50? How much is it? MCDOUGAL: Twenty-five. BOREN: Twenty-five. BURGESS: Twenty-five thousand. GILBREATH: Would you have that modified, Gary? BOREN: No, sir. GILBREATH: Would you have it reduced? BOREN: I could philosophically reduce it. But I'll leave it alone. GILBREATH: Well, I mean, my point is -- BOREN: Twenty-five was set in place and I think it's a reasonable — for a budget this size, I think it's reasonable to have that flexibility. GILBREATH: I would suspect that any increases in any of these salaries at any one particular time would never exceed $25,000. Yet, we have already given him the authority or any other city manager the authority to exceed, I mean go up to $25,000 on any other expenditure. So we've already given him a lot of latitude. MARTIN: Well, but we specifically in the budget ordinance, I mean this ordinance here is just a revised budget. But the basic ordinance that existed passed the budget for this fiscal year includes a specific prohibition from spending more than $25,000. GILBREATH: I understand. My point is — 431 Regular City Council Meeting May 6, 2004 Page 432 MARTIN: So it's kind of apples and oranges. GILBREATH: Well, not exactly. Because we are talking about his ability to make discretionary expenditures. MARTIN: I understand. But — BOREN: You are talking about an ordinance where it prohibits it going to salary or payroll. GILBREATH: That's right. You are limiting — BOREN: If it's 25,000, he can do it without, he can do that with anything but payroll. GILBREATH: That's right. And I'm asking, you know, kind of what's the difference. BOREN: We have an ordinance that says you can't do that. MCDOUGAL: That's the difference. GILBREATH: You're right. We're going to vote about changing that ordinance. BOREN: Well, I understand I'm outnumbered. I understand I may lose it. But I tell you, I think it's not a good thing to do as elected officials to yield on something of this nature. Coming from a background where we experienced it. It's not something that you wonder about. We went through and experienced it and as a result, we passed it if to protect the citizens. GILBREATH: -- cleaned house. MCDOUGAL: If there was a motion and a second to strike Section 3 and we had a vote on that. Regardless of the outcome of that vote, and then a vote on the budget -- BOREN: I could accept that. MCDOUGAL: Well, make a motion. I can't make a motion. BOREN: Well, I made a motion that we, that we take — MCDOUGAL: You offered a friendly amendment. There was never a motion made. MORRISON: Gary, I would recommend that your motion be to strike Section 3 as amended. BOREN: Would that accomplish then what we are trying to do with all these friendly amendment floating around? BURGESS: I think what you're — yes, it will. What you're trying to do is take Section 3 out and vote on that separately, I think. So if you — BOREN: I make the motion then that we take, strike Section 3 out of the ordinance revision -- BURGESS: -- and vote on it separately. BOREN: -- that's been put forth and vote on it separately. MORRISON: In the spirit of giving Mr. Boren an opportunity to vote on this section, I second it. GILBREATH: Question. MCDOUGAL: I have a motion and second. All right, discussion. GILBREATH: Question. MCDOUGAL: Did you call the question? GILBREATH: I called the question. MCDOUGAL: All in favor of calling the question — all in favor of calling the question say "Aye". Opposed. Motion carries: 6-0. Calling the question on striking the language in Section 3. All in favor. 432 Regular City Council Meeting May 6, 2004 Page 433 MORRISON: Wait. BOREN: Restate your motion again, Mayor. MCDOUGAL: The motion is to strike the language in Section 3. MARTIN: No. The motion is I believe to pass the ordinance on second reading. MCDOUGAL: No. We are voting on the amendment to the motion. The amendment to the motion is to strike the language in Section 3. All in favor — BOREN: Strike the — okay, let's be real — GILBREATH: We are taking Section 3 out of the ordinance. MCDOUGAL: Take Section 3 out of the ordinance. That's your motion. Correct? BOREN: Okay. MCDOUGAL: And that was the second by Frank. All in favor. All opposed. Motion to take the language out passes 4-2. Mayor McDougal and Council Member Martin voted Nay. BOREN: So we are taking out this section to vote on it separately now? MCDOUGAL: Right. GILBREATH: I call the original -- MARTIN: Now, we have the original motion with my amendment I offered earlier that was approved 4-2 and without Section 3 in it. I move. I guess it's already been done. GILBREATH: I call the question. MARTIN: Call the question, then. MORRISON: Point of order, Mayor. MCDOUGAL: Hang on. The question's been called. All in favor of calling the question. Opposed. Question fails: 3-3. Mayor McDougal and Council Members Morrison and Gilbreath voted Nay. BOREN: We have discussion of other budget — MORRISON: Wait, wait -- MCDOUGAL: I'm going to make sure that we understand what we have just done. Because we have a friendly amendment on Section 3 and then we had a motion to strike all of Section 3 out, which passed 4-1. HERNANDEZ: And to be, so it could be considered separately. GILBREATH: That's right MORRISON: No. MCDOUGAL: No, sir. No, sir. The motion was — the motion was to strike the language in Section 3 and it passed 4-2. BOREN: To vote on separately. MORRISON: No. That's not what I voted. MCDOUGAL: That wasn't the motion. That wasn't the way I voted. The motion was to strike the language in Section 2. HERNANDEZ: All right. Move to reconsider the motion to strike Section 3. GILBREATH: Second. MCDOUGAL: I have a motion to reconsider and a second. All in favor. Motion carries: 6-0. HERNANDEZ: Now, I move to strike Section 3 to be considered at — well, I move that Section 3 be considered separately. GILBREATH: Second. 433 Regular City Council Meeting May 6, 2004 Page 434 MCDOUGAL: Motion to consider separately. Discussion. All in favor. Opposed. Motion carries: 6-0. Okay. HERNANDEZ: Now the original motion. MCDOUGAL: GILBREATH MORRISON MARTIN MCDOUGAL: Back to the original motion. That I'm not sure that anybody understands. I think Mr. Boren had something else -- Mr. Boren -- Right now, as I understand it, the original motion is to pass the budget on second reading and we have already amended it by adding my amendment, which passed 4-2. And we have now eliminated Section 3 from the budget ordinance. And we will vote on it separately. MARTIN: That is the original motion as it stands. HERNANDEZ: And we amended it to include having the City Manager report. MARTIN: Right. MCDOUGAL: Right. But it will be considered separately. MORRISON: But we have to vote on that first because it's going to be considered — if it fails — MCDOUGAL: No, you can consider it separate. MARTIN: Yeah, you can pass the main motion and then amend it. MORRISON: Okay, I see. MCDOUGAL: All right. We have a motion and second on the revised budget. Is there any other discussion? GILBREATH: Call the question. MCDOUGAL: The question has been called. All in favor. Opposed. Motion carried: 5-1. Council Member Boren voted Nay. All in favor of the original motion by Councilman Gilbreath, second by Councilman Morrison, say Aye. Opposed. Motion carries: 6-0. We will now consider Section 3 separately. Is there a motion? BOREN: Okay. I move — well, actually — HERNANDEZ: So moved. BOREN: Point of order, Mayor. MARTIN: It's out now. MCDOUGAL: I have a motion. Is there a second? MORRISON: Second. BOREN: What is your motion and second? HERNANDEZ: My motion is that Section 3 read: "the City Manager may provide all raises in salary, allowances or compensation in any form for the assistant city manager or managers, managing directors, fire chief and police chief without the prior approval of the City Council. And that the City Manager must report his actions to the City Council at the next executive session." MORRISON: That's what I seconded. MCDOUGAL: Motion and second. Discussion. HERNANDEZ: Call the question. MCDOUGAL: The question's been called. All in favor. Opposed. Motion carries: 5-1. Council Member Boren voted Nay. All in favor. Opposed. Motion carries: 5-1. Council Member Boren voted Nay. 434 Regular City Council Meeting May 6, 2004 Page 435 The next item considered was Item 48. PLANNING AND TRANSPORTATION (47.) DELETED ITEM PUBLIC WORKS Water Utilities (48.) Resolution No. 2004-RO232 authorizing the Mayor to execute a professional services agreement with Daniel B. Stephens and Associates for the Groundwater Utilization Study in the amount of $238,173. RESOLUTION NO.2004-R0232 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 Agreement to Provide Environmental Science and Engineering Services between the City of Lubbock and Daniel B. Stephens & Associates, Inc., and any other 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 Council. Passed by the City Council this 6th day of May, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ches Carthel Ches Carthel Water Planning Engineer APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0232. This item was considered following Item 46. These consulting services are for the Groundwater Utilization Study. Major components of this study are: ■ Develop groundwater quantity and quality data for Lubbock Co. ■ Analyze the sustainability of the groundwater in Lubbock Co. ■ Prepare a groundwater flow model for Lubbock Co. and the Sandhills Well Field. ■ Identify and evaluate alternative uses for groundwater in Lubbock Co. ■ Develop an Aquifer Storage and Recovery (ASR) plan. ■ Evaluate the Dockum Group of aquifers for potential development as a public water supply source. ■ Develop strategies for improving groundwater management and protection. 435 Regular City Council Meeting May 6, 2004 Page 436 The study is scheduled to be complete within 15 months from issuance of a notice to proceed. FISCAL IMPACT: The cost of the study is $238,173. Funds for this study will be transferred from the Water Rate Stabilization Fund to the Water Engineering operating budget during the revised budget process. The Lubbock Water Advisory Commission (LWAC) approved this project. Staff recommended approval of this resolution. Motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass Resolution No. 2004-RO232 as recommended by staff. Chester Carthel, Chief Engineer, Water Utilities, answered questions posed by Council Member Gilbreath concerning expenses he thought had not been considered yet. Mr. Carthel explained those expenses were the Water Texas Study funds, which had been put in the engineering department budget to pay for the Water Texas work and was not about the Groundwater Utilization Study. Council Member Gilbreath asked Mr. Carthel and Beverly Hodges, Interim Chief Financial Officer, to take a look at the March financials and straighten this out. Council Member Martin asked Council Member Gilbreath to withdraw his motion and whoever seconded it to withdraw their second to this item. Council Member Gilbreath restated his motion as follows: "I would restate my motion to eliminate, or to include everything that is being recommended, with the exception of the Aquifer Storage and Recovery Plan at a savings of $44,465." Council Member Morrison seconded the motion. Mayor McDougal asked Anita Burgess, City Attorney, if they could do that. Ms. Burgess stated they could. Motion carried: 6-0. The next item considered was Item 56. BOARD APPOINTMENTS (49.) Consider an appointment to the Building Board of Appeals. This item was considered following Item 52. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to reappoint Art Cuevas to the Building Board of Appeals. Motion carried: 4 Yeas, 0 Nays. Mayor Pro Tem Patterson and Council Members Boren and Hernandez were not present. The next item considered was Item 53. (50.) Consider an appointment to the Culture and Arts Commission. This item was considered following Item 54. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to appoint Sandy Prather to the Culture and Arts Commission. Motion carried: 4 Yeas, 0 Nays. The next item considered was Item 52. (51.) Consider appointments to the Urban Design/Historic Preservation Commission. This item was deleted. (52.) Consider appointments to the Water Board of Appeals. 436 Regular City Council Meeting May 6, 2004 Page 437 In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of Section 28-44 and to determine exceptions to the requirements of 28-45 (a) and (b) (1) of the Code of Ordinances, the Water Board of Appeals has been created. It shall consist of 7 members who are qualified by experience and training to pass upon matters pertaining to such matters. The membership of the Water Board of Appeals shall include one or more representatives from the following named areas of expertise: 1. Licensed Irrigator 2. Landscape Architect 3. Representative from the public education system 4. Representative from the top 100 water users from the City water system 5. Representative from water -related governmental entities or authorities (CRMWA, Brazos River Authority, High Plains Underground Water Conservation District Number 1, etc.) 6. Two citizens of the City of Lubbock The initial board shall serve as follows: Three (3) members shall serve for a term of one year; and, Four (4) members shall serve for a term of two years. Terms to be determined by Council. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to appoint to the Water Board of Appeals as follows: 1. Tracey Wallace as the Licensed Irrigator 2. Paul Nash as the Landscape Architect 3. Art Martin, from LISD, representing the public education system 4. Coy Howell, President of Green Street Construction representing one of the top 100 water users from the City water 5. 5. Bobby Rogers, who is a member of CRMWA as the representative from water -related governmental entities or authorities (CRMWA, Brazos River Authority, High Plains Underground Water Conservation District Number 1, etc.) 6. Cecil White as one of the two citizens of the City of Lubbock Motion carried: 4 Yeas, 0 Nays. Mayor McDougal stated that the other citizen of the City of Lubbock would be appointed at the May 25, 2004 City Council Meeting. The next item considered was Item 49. (53.) Consider appointments of City Council members to the Transportation Policy Committee of the Lubbock Metropolitan Planning Organization. This item was considered following Item 49. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to reappoint Council Member Martin and appoint Council Members Boren and Gilbreath to the Lubbock Metropolitan Planning Organization. Motion carried: 4 Yeas, 0 Nays. WORK SESSION (54.) Presentation by the Ordinance Review Committee providing an update on activities and projected time of completion of its charge. This item was considered following Item 56. 437 Regular City Council Meeting May 6, 2004 Page 438 The Ordinance Review Committee was given the charge to review existing City of Lubbock ordinances and to provide recommendations regarding areas of concern. The recommendations are directed at modifying or eliminating, if required, existing ordinances so as to be more citizen and business friendly. The Committee was presented with numerous presentations by City departments and has since hosted public hearings in each district in an attempt to be well informed on issues concerning requested ordinance changes. March 31, 2004 was the last meeting held by the Ordinance Review Committee. Mike] Ward, Chairperson of the Ordinance Review Committee, made the presentation. Mayor McDougal asked Ms. Ward for a project time to finish. She stated she though they could finish up with a couple of more meetings. Mayor McDougal also stated that in the budget provided for three code enforcement inspectors and money for enforcement for structural standards. Tommy Camden stated that he would be bringing back the comprehensive animal ordinance as complete, not just piecemealed. Council Member Martin stated that the appropriate thing to do is see what the current City Manager recommends about either continuing or winding up this committee. This item was considered following Item 50. ADDENDUM (55.) Presentation of a proclamation declaring May 6, 2004 as National Day of Prayer. This item was the first item considered. This item was requested by Council Member Boren, who read the proclamation. Steve Doles, Director of Pray Lubbock, was present to receive the proclamation. The next item considered was Item 7. (56.) Resolution No. 2004-RO233 authorizing the Mayor to execute an Agreement between the City of Lubbock ("City") and the Panhandle -South Plains Fair Association ("Association") contemplating the (i) partial release and surrender of a lease by the City; and (ii) the granting of an easement for water line purposes by the Association. RESOLUTION NO. 2004-R0233 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 Agreement between the City of Lubbock and The Panhandle -South Plains Fair Association, and any other 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 Council. Passed by the City Council this 6th day of May, 2004. /S / MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 438 Regular City Council Meeting May 6, 2004 Page 439 APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones Acting Assistant City Manager APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0233. This item was considered following Item 48. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO233 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 11:20 A. M. COUNCIL RECESSED 11:37 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers All council members were present, except Mayor Pro Tem Patterson and Council Members Boren and Hernandez. The first item considered was Item 54. 2:00 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Morrison adjourned the meeting. Read and approved this day ofG`'� MARC MCDOUGAL, MAYOR ATTEST: Re ecca Garza, City Secretary 439