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
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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.
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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.
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(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.
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(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).
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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.
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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
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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
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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).
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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
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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.
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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.
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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
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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
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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.
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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
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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%).
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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
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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 —
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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.
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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.
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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.
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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.
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Regular City Council Meeting
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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.
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Regular City Council Meeting
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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.
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Regular City Council Meeting
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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
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Regular City Council Meeting
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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