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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/4/2004CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING NOVEMBER 49 2004 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 4th day of November, 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 Jim Gilbreath, Council Member Phyllis Jones, Council Member Floyd Price Absent: Mayor Pro Tem Tom Martin, Council Member Gary O. Boren, Council Member Linda DeLeon CITIZEN COMMENTS No one expressed comments to the Council. EXECUTIVE SESSION Mayor McDougal stated: "City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to pending or contemplated litigation; 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." 7:31 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. (L) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Cemetery; Overton Park; 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 (Overton Park). (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; 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; to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency. 9:30 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal; Mayor Pro Tem Tom Martin; Council Member Gary O. Boren; Council Member Jim Gilbreath; Council Member Phyllis Jones; Council Member Floyd Price; Lou Fox, City Regular City Council Meeting November 4, 2004 Page 436 Manager; Anita Burgess, City Attorney; Rebecca Garza, City Secretary; and Richard Casner, First Assistant City Attorney Absent: Council Member Linda DeLeon Mayor McDougal called the meeting to order at 9:30 A. M. ( 5.) Invocation by Reverend Bill Hendricks of Lubbockview Christian Church. (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. CITIZEN APPEARANCES (7.) Presentation of a proclamation to Mr. Ruby Nakka, proclaiming November as Adoption Awareness Month. Mayor McDougal made the presentation to Mr. Ruby Nakka proclaiming November as Adoption Awareness Month. CONSENT AGENDA (Items 8-13 16-18) Motion was made by Council Member Gilbreath, seconded by Council Member Price to approve Items 8-13, 16-18 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (8.) ORDINANCE NO. 2004-00119—Abandoning and closing a portion of a 5-foot Lubbock Power and Light underground utility easement located in Tract D, South Plains Addition to the City (5802 Chicago Avenue) (Right -of -Way) (second and final reading). ORDINANCE NO. 2004-00119 AN ORDINANCE ABANDONING AND CLOSING TWO UNDERGROUND UTILITY EASEMENTS FOR LP&L LOCATED IN TRACT, IN THE SOUTH PLAINS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 0.034 acre (1,481.04 square foot) portion of a north -south five foot LP&L underground utility easement just south of 581h Street on what would be the west side of Chicago Avenue. This ordinance was read for the first time at the October 28, 2004 City Council meeting as a routine consent agenda item. FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the second reading of this ordinance. (9.) ORDINANCE NO. 2004-00122—ZONE CASE NO. 3020 (east of North University on Kent Street): Consider the request of Charles D. Hays for a zoning change from R-1 to R-1 Specific Use for Residential Estates on 9.30 acres of unplatted land in the northwest corner of the northeast quarter of Block A, Section 11 (second and final reading). ORDINANCE NO. 2004-00122 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3020; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR RESIDENTIAL ESTATES ON 9.30 ACRES OF UNPLATTED LAND IN THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF BLOCK A, SECTION 11, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 436 Regular City Council Meeting November 4, 2004 Page 437 (10.) ORDINANCE NO. 2004-00123—ZONE CASE NO. 3021 (5200 Ursuline Street): Consider the request of La Vonne Baxter for a zoning change from R-1 to C-3 on 10 acres of unplatted land in the northeast corner of Block JS, Section 6 (second and final reading). ORDINANCE NO. 2004-00123 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3021; A ZONING CHANGE FROM R-1 TO C-3 ZONING ON 10 ACRES OF UNPLATTED LAND IN THE NORTHEAST CORNER OF BLOCK JS SECTION 6, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (11.) ORDINANCE NO. 2004-00124—ZONE CASE NO. 2926-B (9801-9816 Salisbury Avenue): Consider the request of Lakeridge of Lubbock for a zoning change from R-1 Specific Use for setback to R-1 Specific Use for garden homes on Lots 110-125, Lakeridge Estates (second and final reading). ORDINANCE NO. 2004-00124 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2926-13; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR SETBACK TO R-1 SPECIFIC USE FOR GARDEN HOMES ON LOTS 110-125, LAKERIDGE ESTATES, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (12.) ORDINANCE NO. 2004-00125—ZONE CASE NO. 2889-A (6013 63d Street): Consider the request of Michael Long (for Cox Communications) for a zoning change from C-4 to C-4 Specific use for an 80-foot communications tower on a portion of Tract A, Cox Communications Addition (second and final reading). ORDINANCE NO. 2004-00125 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2889-A; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE FOR A COMMUNICATION TOWER ON A PORTION OF TRACT A, COX COMM ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (13.) ORDINANCE NO. 2004-00127—ZONE CASE NO. 2178-H (southeast corner of 981h Street and Jordan Avenue): Consider the request of Hugo Reed and Associates, Inc. (for Peoples Bank) for a zoning change from GO, C-2 to AM Specific Use on 1.5 acres of unplatted land out of Block E-2, Section 18 (second and final reading). ORDINANCE NO. 2004-00127 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2178-H; A ZONING CHANGE FROM GO AND C-2 TO AM SPECIFIC USE FOR A BANK ON 1.5 ACRES OF UNPLATTED LAND OUT OF BLOCK E-2 SECTION 18, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The next items considered were Item 16-18. (14.) ORDINANCE NO. 2004-00121—ZONE CASE NO. 3022 (2007 10" Street): Consider the appeal of denial (Planning Commission) by the Lubbock Heritage Society for a zoning change from R-2 to R-2 DH on Lots 4 and the east half of 5, Block 40, Overton Addition (second and final reading). This item was deleted. 437 Regular City Council Meeting November 4, 2004 Page 438 (15.) ORDINANCE NO. 2004-00128—Amending Chapter 29 of the Code of Ordinances, City of Lubbock, Texas, entitled "Zoning", by amending Section 29-18 entitled 11C-3 General Retail District" to add "Automotive Glass Shop" as a permitted use in Section 29-18(c) and by amending Section 29-20 entitled "C-4 Commercial District" to delete "Automotive Glass Shop" as a permitted use in Section 29-20 (c) (second and final reading). This item was deleted. Items 16-18 were considered following Item 13. (16.) Resolution No. 2004-R0545 ratifying the action of the Mayor in accepting the FY 2004 Metropolitan Medical Response System Grant in the amount of $250,000 and appropriate $250,000 in the grant fund (Emergency Management). RESOLUTION NO.2004-R0545 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock ratifies the action of the Mayor in executing for and on behalf of the City of Lubbock contracts for award of a grant entitled "METROPOLITAN MEDICAL RESPONSE SYSTEM" from the U.S. Department of Homeland Security, Office of Domestic Preparedness. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 28th day of October, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ken Olson Ken Olson Emergency Management Coordinator APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2004-R0545. In August 2001 the City contracted with the US Department of Health and Human Services to develop a Metropolitan Medical Response System (MMRS) as a resource for responding to the health and medical consequences of a nuclear, biological, chemical, radiological, and/or explosive Weapon of Mass Destruction (WMD). The original contract was $400,000, with Supplements #1 and #2 adding an additional $480,000. With the FY 04 grant, the total MMRS contract will be over $1.1 million. MMRS is sponsored by the Department of Homeland Security. The MMRS Grant provides funding to further enhance and maintain integrated, systematic preparedness for local response to weapons of mass destruction high -casualty events until significant external assistance arrives. The grant is awarded for Capability Focus Areas including C c�:1 Regular City Council Meeting November 4, 2004 Page 439 radiological preparedness, mass care shelters, emergency alerting system, NIMS compatibility, quarantine/isolation preparedness, Geographic Information Systems, and pharmaceutical cache status. The grant period is eighteen months from the effective date of the Grant Agreement. FISCAL IMPACT: The $250,000 in FY 04 MMRS Grant funds will result in enhanced training and equipment for first responders. The allotment of funds is sufficient to cover the program of work and no matching funds are required. Staff recommended approval of this resolution. (17.) Resolution No. 2004-R0546 authorizing the Mayor to execute a contract, by and between the City and ING Benefits, to provide services for the purpose of a Group Long Term Disability Income plan (Benefits). RESOLUTION NO.2004-R0546 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 to provide services for the purpose of the Group Long Term Disability Income Plan by and between the City of Lubbock and ING Employee Benefits, 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 28th day of October, 2004. /S/ MARC MCDOUG.AL 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 Contract is filed with Resolution No. 2004-R0546. The City currently provides a base Long Term Disability (LTD) Income Plan for all full-time City employees. The base LTD benefit is 60% of salary after a 180-day waiting period. Employees have the option to purchase an enhanced LTD benefit, with a 90-day waiting period before benefits are paid at 66 2/3% of the annual salary. Canada Life Assurance has provided this benefit since December 1, 1995. The City's FY 2004- 2005 budget does not include funding for any City contribution. Any employee selecting this coverage will pay for the entire cost of this group benefit. A Request for Proposal for the Group Long Term Disability plan was announced on July 2, 2004. Six proposals were received. The respondents were: J Regular City Council Meeting November 4, 2004 Page 440 Jefferson Pilot Insurance Company ING Employee Benefits Fort Dearborn Life Insurance Company Met Life Standard Insurance Company Unum Provident A committee of three City staff members reviewed the submitted proposals. Based on cost, financial stability, communication abilities, claims turnaround, management reports, integrated systems, and references/relevant experience, the Committee identified the following top three proposers: Score ING Employee Benefits 94 Met Life 78 Unum Provident 77 Based on the above criteria, ING Employee Benefits scored the highest. ING proposed a 2-year rate guarantee with 30% employee participation, and a 3-year rate guarantee with 50% participation. Rates are based on the participant's age and annual salary. Examples of the bi-weekly rates for an employee making $30,000 annually are: 180-days/60% salary 90-days/67% salary Age 30 $2.42 $2.88 Age 45 $4.50 $5.31 The contract will be effective January 1, 2005. FISCAL IMPACT: The LTD benefit will be completely employee paid as of January 1, 2005. There will be no cost to the City. Staff recommended approval of this resolution. (18.) Resolution No. 2004-RO547 authorizing the Mayor to execute an Enterprise Agreement with Microsoft Corporation to provide licenses and Software Assurance for Microsoft products (Information Technology). RESOLUTION NO.2005-RO547 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 Software License Agreement with Microsoft Licensing, GP. 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 28th day of October, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Yearwood Mark Yearwood, Director of Information Technology 440 Regular City Council Meeting November 4, 2004 Page 441 APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney, Office Practice Section A copy of the Agreement is filed with Resolution No. 2004-R0547. The City originally enrolled in Microsoft's Enterprise Agreement in 2001, providing licenses and software assurance for the desktop operating system and for the Office business applications for all of the City's workstations. In this renewal, there are additional licenses for 25 Windows servers and 5 SQL Server databases. This agreement will also include Project Server with 5 user licenses to aid in project management. Visio Professional and Microsoft Developers Network (MSDN) are used in Information Technology to document the network environment, and to aid in application development efforts. FISCAL IMPACT: Because this agreement is a renewal, the City has received a significant discount for the licenses. The annual cost of the agreement is $161,581, which includes the additional products. Funding for this agreement was requested and approved in the Information Technology FY 2004-2005 budget. Staff recommended approval of this resolution. The next items considered were Items 19-24. (19.) Resolution No. 2004-ROO548 - BID #04-179/BM—for Fire Pumper Trucks (Fire Department). RESOLUTION NO.2006-RO548 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 fire pumper trucks per Bid #04-179-BM, by and between the City of Lubbock and Fire Apparatus Specialist of Houston, 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 Council. Passed by the City Council this 28th day of October, 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/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Purchase Order is filed with Resolution No. 2004-R0548. This bid is for the purchase of three fire -pumper trucks to replace existing units that have completed their 20-years service life as a front line vehicle for the Fire Department. 441 Regular City Council Meeting November 4, 2004 Page 442 Purchase of this equipment is through the Interlocal Cooperative Purchasing Agreement between the City and the Houston -Galveston Area Council (H-GAC). FISCAL IMPACT: A total of $185,000 was appropriated and $185,000 is available in Project 90373 (2004-05 Pumper Replacement) for this purpose. Financing of $973,088 for this equipment will be bid separately under the City's Master Municipal Lease/Purchase Agreement. Award contract to Fire Apparatus Specialist of Houston, Texas for $973,088. Motion was made by Council Member Gilbreath, seconded by Mayor Pro Tern Martin to approve Resolution No. 2004-RO548 subject to the negotiation of a satisfactory lease agreement, which will be a separate item. Motion carried: 6 Yeas, 0 Nays. ORDINANCES FOR PASSAGE Second Reading (20.) ORDINANCE NO. 2004-00120—ZONE CASE NO. 3023 (Avenue T to Avenue R from 4th to 7ch Streets): Consider the request of McDougal Construction (for McCanton Wood) for a zoning change from IHC, A-2, R-2, R-3 to IHC Specific Use for a Wal-Mart Super Center on All of Blocks 31, 32, 107, 108, 111, and Lots 13-24 and the south 50 feet of Lots 1-12 of Block 33, Overton Addition (second and final reading). ORDINANCE NO. NO.2004-RO120 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3023; A ZONING CHANGE FROM IHC, A-2, R-2 AND R-3 TO IHC SPECIFIC USE FOR A WAL-MART SUPER CENTER ON ALL OF BLOCKS 31, 32, 107, 108, 111 AND LOTS 13 THROUGH 24 OF BLOCK 33, OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Price, seconded by Council Member Jones to pass on second and final reading Ordinance No. 2004-00120 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. (21.) ORDINANCE NO. 2004-00126—ZONE CASE NO. 2658-G (east of Gary Avenue and south of 501h Street): Consider the request of Max W. Richardson (for U-Stor of Lubbock, LLC) for a zoning change from A-2 to C-4 Specific Use for mini -warehouse and office warehouse on a portion of Tract E, Boardwalk Addition (Mayor Pro Tem Martin voted Nay) (second and final reading). This item was continued. Mayor McDougal requested that, without objection from the Council, this item be pulled from the agenda and asked that the proponents of this case be at the November 181h City Council meeting, and that Randy Henson, Senior Planner, also be available. Council agreed. 442 Regular City Council Meeting November 4, 2004 Page 443 FINANCE Budp-et and Research (22.) Ordinance No. 2004-00129 (Budget Ordinance #2) amending the FY 04-05 Budget by: 1) transferring $50,000 to capital project, Traffic Signal System Communications Phase 1 from the Computer System Design project, 2) Revising General Fund Budget to add $6,360 in revenue to be received from Texas Tech University and increasing Traffic Engineering operating budget by the same amount, and 3) Adding $350,000 to a Water Resources Master Plan capital project in the Sewer Fund (first reading). ORDINANCE NO. 2004-00129 AN ORDINANCE MAKING CHANGES IN THE FY 2004-05 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. City Council authorized capital project 930-90379, Signal Systems Communication, for FY 2004-05 in the amount of $100,000. This project is to upgrade the signal communication cable and extend the signal system communication cable to areas currently served by radio only with fiber optic cable. The City and Texas Department of Transportation (TxDOT) were able to obtain a federal grant ($344,633) for an Intelligent Transportation System (ITS) project in Lubbock that includes interconnecting the City's and TxDOT's signal systems and freeway management system (see ITS agreement under Planning and Transportation). The City's match for the federal grant is $150,000, which will be funded out of Capital Project 930- 90379. The additional $50,000 is to be transferred from 930-9296, Computer System Design, which would be decreased from $4,390,707 to $4,340,707. The City's portion of the ITS Project is work that was already planned under the above two capital projects, but can be counted toward matching funds if it is placed in a single project and the work is combined with a TxDOT project. The ITS project will take approximately five years to complete because part of it is on the Marsha Sharp Freeway. The second portion of this budget amendment is to increase Traffic Engineering's budget by $6,360, which will be offset by the same amount from new revenue from the new agreement with Texas Tech University for signal maintenance for traffic signals on the Texas Tech campus (see TTU Signal Maintenance Agreement under Planning and Transportation). The agreement is for $8,480 to be paid on a quarterly basis (only 3 quarters will be billed in FY 04-05). Increases for the first year will be to labor costs: 4523.8002 by $2,120 and 4525.8002 by $4,240. The third portion of this budget amendment is to add $350,000 to a new capital project in the Sewer Fund — Water Resources Master Plan. The purpose of this project is to evaluate various effluent management opportunities and determine the most efficient and effective use of treated effluent. An additional $350,000 in future bond sales will be needed to fund this project. FISCAL IMPACT: The ITS Agreement allows additional federal funds of $344,633 to be awarded in Lubbock for this ITS project and also allow the City of Lubbock Emergency Services greater access to the AMBER ALERT statewide system at no additional cost to the City. The State will be responsible for infrastructure in the state's right-of-way, and the City will be responsible for infrastructure in the City's right-of-way. The funding being reallocated is 2003 General Obligation Bond funds. The TTU signal maintenance agreement has a neutral impact on the General Fund, and it has an automatic annual escalation clause and an automatic renewal clause. 443 Regular City Council Meeting November 4, 2004 Page 444 The addition of $350,000 for the Water Resources Master Plan project will mean that an additional amount of bond funds in that amount will need to be sold. Staff recommended approval of first reading of this ordinance. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2004-00129 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Boren recused himself. MISCELLANEOUS Business Development (23.) Ordinance No. 2004-00130 amending Ordinance #2003-00126 to clarify the mechanism for collection of assessments and penalties in the North Overton Public Improvement District, in the event of delinquency (first reading). ORDINANCE NO. 2004-00130 AN ORDINANCE AMENDING ORDINANCE NO. 2003-00126 TO CLARIFY THE METHODS FOR DELINQUENCY COLLECTION OF THE ASSESSMENTS, PENALTIES AND INTEREST FOR THE NORTH OVERTON PUBLIC IMPROVEMENT DISTRICT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. In December 2003 the City Council passed Ordinance #2003-00126 establishing classifications for the apportionment of costs and the methods of assessing special benefits for the services and improvements of properties in the North Overton Public Improvement District, levying the assessments, and establishing a lien on the properties for these assessments. The ordinance stated simply that in the event of delinquency in payment of the assessments the sums assessed against the owners and their property, and collection of these sums, including costs and attorney's fees would be enforced by the governing body "in the same manner that an ad valorem tax lien against real property may be enforced by the governing body". The Lubbock Central Appraisal District needs more specific language in the ordinance incorporating key provisions of the tax code in order to facilitate collection of the assessments in the event of delinquency. FISCAL IMPACT: Addition of these provisions should facilitate collection. All costs for collection and enforcement are paid from the North Overton Public Improvement District Fund and all assessments collected are deposited in this separate fund. Staff recommended approval of this ordinance. Motion was made by Council Member Gilbreath, seconded by Council Member Jones to pass on first reading Ordinance No. 2004-00131 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. (24.) Ordinance No. 2004-00131 approving the Second Amended North Overton District Tax Increment Finance Reinvestment Zone Project Plan and Finance Plan, as adopted by the Board of Directors of the North Overton Tax Increment Financing Reinvestment Zone (Business Development) (first reading). ORDINANCE NO. 2004-00131 AN ORDINANCE APPROVING THE SECOND AMENDED NORTH OVERTON DISTRICT TAX INCREMENT FINANCE REINVESTMENT ZONE PROJECT PLAN AND FINANCE PLAN AS ADOPTED BY THE BOARD OF DIRECTORS OF THE NORTH OVERTON TAX INCREMENT FINANCING REINVESTMENT ZONE. 444 Regular City Council Meeting November 4, 2004 Page 445 The City Council created the North Overton Tax Increment Finance Reinvestment Zone (TIRZ) and appointed the TIRZ Board on March 14, 2002. Based on current sales and construction activity in Overton Park, the McDougal Companies (Developer) have increased their projections of the scope of the new construction projects. With this new information, at their October 20, 2004 meeting, the members of the TIRZ Board adopted the Second Amended Finance Plan and Project Plan and submitted it to the City Council for approval. The Finance Plan shows an estimated captured value of $317.2 million. The Project Plan illustrates public improvements totaling $24.31 million. Attached are copies of the amended Finance Plan and Project Plan for your review. FISCAL IMPACT: These public improvements will be paid for out of bonds issued and revenues collected by the North Overton Tax Increment Finance Reinvestment Zone. The TIRZ Board and City staff recommended approval of this ordinance. Motion was made by Council Member Jones, seconded by Council Member Price to pass on first reading Ordinance No. 2004-00131 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. The next item considered was Item 27. Items 25-26 were considered following Item 27. (25.) Ordinance No. 2004-00132 approving the First Amended Central Business District Tax Increment Finance Reinvestment Zone Project Plan and Finance Plan, as adopted by the Board of Directors of the Central Business District Tax Increment Financing Reinvestment Zone (Business Development) (first reading). ORDINANCE NO. 2004-00132 AN ORDINANCE APPROVING THE FIRST AMENDED CENTRAL BUSINESS DISTRICT TAX INCREMENT FINANCE REINVESTMENT ZONE PROJECT PLAN AND FINANCE PLAN AS ADOPTED BY THE BOARD OF DIRECTORS OF THE CENTRAL BUSINESS DISTRICT TAX INCREMENT FINANCING REINVESTMENT ZONE. The City Council created the Central Business District Tax Increment Finance Reinvestment Zone (TIRZ) and appointed the TIRZ Board on December 3, 2001. Based on new estimates on revenues for the Central Business District TIRZ, the Board of the Central Business District TIRZ adopted the First Amended Finance Plan and Project Plan at their October 20, 2004 meeting and submitted it to the City Council for approval. The Finance Plan shows an estimated captured value of $105 million. The Project Plan illustrates public improvements totaling $8.357 million. Attached are copies of the amended Finance Plan and Project Plan for your review. FISCAL IMPACT: These public improvements will be paid for out of revenues collected by the Central Business District Tax Increment Finance Reinvestment Zone. The TIRZ Board and City staff recommended approval of this ordinance. Merle Blosser, Chair, Board of Directors of the Central Business District Tax Increment Financing Reinvestment Zone, gave comments. Council Member Gilbreath asked Mr. Blosser how much money are we going to need before we actually start spending some of it?" Mr. Blosser stated that once they had the master plan, they would integrate the funds with that and make sure the money is well invested in downtown. 445 Regular City Council Meeting November 4, 2004 Page 446 Motion was made by Mayor Pro Tem Martin, seconded by Council Member Price to pass on first reading Ordinance No. 2004-00132 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (26.) Resolution No. 2004-RO550 authorizing the Mayor to execute, for and on behalf of the City, the Central Business District Tax Increment Financing Reinvestment Zone Annual Report (Business Development). RESOLUTION NO.2004-RO550 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 the Central Business Tax Increment Financing Reinvestment Zone Annual Report for October 1, 2003 through September 30, 2004, which will be distributed to the chief executive officer of each taxing unit levying taxes within the Central Business Tax Increment Financing Reinvestment Zone and to the Office of the Texas Attorney General. Said Annual Report 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 28th day of October, 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, Senior Attorney Office Practice Section A copy of the Annual Report is filed with Resolution No. 2004-R0550. The City Council created the Central Business District Tax Increment Finance Reinvestment Zone (TIRZ) and appointed the TIRZ Board on December 3, 2001. According to the Texas Tax Increment Finance Act Section 311.016, the City must submit an annual report to the Chief Executive Officer of each taxing unit that levies taxes on property within a tax increment finance zone. Therefore, staff has prepared the third annual report of the Central Business District Tax Increment Financing Reinvestment Zone's activities. The report must be provided within 90 days of the end of the City's fiscal year and a copy must also be sent to the Office of the Attorney General. The Texas Tax Increment Finance Act specifies that the report must include: • Amount and source of revenue in the tax increment fund established for the zone, • Amount and purpose of expenditures from the fund, 446 Regular City Council Meeting November 4, 2004 Page 447 • Amount of principal and interest due on outstanding bonded indebtedness, • Tax increment base and current captured appraised value retained by the zone, • Captured appraised value shared by the City and other taxing units, • Total amount of tax increments received, and • Any additional information necessary to demonstrate compliance with the tax -increment financing plan adopted by the City. The Central Business District Tax Increment Financing Reinvestment Zone Board of Directors approved the report at their October 20, 2004 meeting and submitted it to the City Council for approval. FISCAL IMPACT: Staff time is required to coordinate, but all expenses are paid out of the Central Business District Tax Increment Financing Reinvestment Zone Fund. Staff recommended the City Council approve distribution of the 2004 Central Business District Tax Increment Financing Reinvestment Zone Annual Report as recommended by the Central Business District Tax Increment Financing Reinvestment Zone Board of Directors on October 20, 2004. Motion was made by Council Member Gilbreath, seconded by Council Member Price to pass Resolution No. 2004-RO550 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next items considered were Item 28-30. (27.) Resolution No. 2004-RO549 authorizing the Mayor Pro Tern to execute, for and on behalf of the City, the North Overton Tax Increment Financing Reinvestment Zone Annual Report (Business Development). RESOLUTION NO.2004-RO549 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tern of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock the North Overton Tax Increment Financing Reinvestment Zone Annual Report for October 1, 2003 through September 30, 2004, which will be distributed to the chief executive officer of each taxing unit levying taxes within the North Overton Tax Increment Financing Reinvestment Zone and to the Office of the Texas Attorney General. Said Annual Report 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 28th day of October, 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 447 Regular City Council Meeting November 4, 2004 Page 448 APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section A copy of the Annual Report is filed with Resolution No. 2004-R0549. This item was considered following Item 24. The City Council created the North Overton Tax Increment Finance Reinvestment Zone (TIRZ) and appointed the TIRZ Board on March 14, 2002. According to the Texas Tax Increment Finance Act Section 311.016, the City must submit an annual report to the Chief Executive Officer of each taxing unit that levies taxes on property within a tax increment finance zone. Therefore, staff has prepared the third annual report of the North Overton Tax Increment Financing Reinvestment Zone's activities. The report must be provided within 90 days of the end of the City's fiscal year and a copy must also be sent to the Office of the Attorney General. The Texas Tax Increment Finance Act specifies that the report must include: • Amount and source of revenue in the tax increment fund established for the zone, • Amount and purpose of expenditures from the fund, • Amount of principal and interest due on outstanding bonded indebtedness, • Tax increment base and current captured appraised value retained by the zone, • Captured appraised value shared by the City and other taxing units, • Total amount of tax increments received, and • Any additional information necessary to demonstrate compliance with the tax -increment financing plan adopted by the City. The North Overton Tax Increment Financing Reinvestment Zone Board of Directors approved the report at their October 20, 2004 meeting and submitted it to the City Council for approval. FISCAL IMPACT: Staff time is required to coordinate, but all expenses are paid out of the North Overton Tax Increment Financing Reinvestment Zone Fund. Staff recommended the City Council approve distribution of the 2004 North Overton Tax Increment Financing Reinvestment Zone Annual Report as recommended by the North Overton Tax Increment Financing Reinvestment Zone Board of Directors on October 20, 2004. Motion was made by Council Member Gilbreath, seconded by Council Member Price to pass Resolution No. 2004-R0549 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. The next items considered were Items 25-26. 448 Regular City Council Meeting November 4, 2004 Page 449 PLANNING AND TRANSPORTATION Streets and Paving Items 28-30 were considered following Item 26. (28.) Resolution No. 2004-RO551 authorizing the Mayor to sign Amendment No. 2 to the engineering service contract on the Glenna Goodacre Boulevard/Overton Park Project with Hugo Reed and Associates, Inc. for additional engineering services. RESOLUTION NO.2004-R0551 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment No. 2 to the Contract between the City of Lubbock and Hugo Reed and Associates, Inc. for engineering services. Said Amendment No. 2 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 28th day of October, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Lang Hertel, City Engineer APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Amendment No. 2 is filed with Resolution No. 2004-RO551. As development in the Overton Park Project continues, a need for additional engineering services has been identified. In this instance, additional work is needed for the City Bank tract — Tract 2C, Overton Park. The work includes the design, plans, and specifications for pedestrian street lighting along with associated work and coordination during the installation of the lighting, as well as curb and gutter reconstruction work along University Avenue adjacent to the City Bank tract. The payment to the engineer will be based on actual hourly rates established by the previous contract and amendment, with a "not to exceed" additional compensation added to their contract of $7,500. No additional time is added to the engineering contract with this amendment. FISCAL IMPACT: The $7,500 for additional engineering services added to this contract will be paid by the North Overton Tax Increment Reinvestment Zone (TIRZ). Funding is available in the TIRZ for this additional work. Staff recommended approval of this resolution. 449 Regular City Council Meeting November 4, 2004 Page 450 Motion was made by Council Member Gilbreath, seconded by Mayor Pro Tern Martin to pass Resolution No. 2004-RO551 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Traffic Engineering (29•) Resolution No. 2004-RO552 authorizing the Mayor to sign an Advance Funding Agreement for an Intelligent Transportation Systems Deployment Project between the City and the Texas Department of Transportation (Traffic Engineering). RESOLUTION NO. 2004-RO552 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 an Advance Funding Agreement for an Intelligent Transportation Systems Deployment Project, and any associated documents, by and between the City of Lubbock and Texas Department of Transportation, a copy of which Advance Funding 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 28th day of October, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Jeryl D. Hart. Jr. Jeryl D. Hart, Jr., P.E., City Traffic Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Advance Funding Agreement is filed with Resolution No. 2004-R0552. This agreement will allow the Texas Department of Transportation (TxDOT) and the City to receive $344,633 in federal funding for an Intelligent Transportation Systems (ITS) Deployment Project. TxDOT's match will be $1,435,367 and the City's match will be $150,000. The City's match will come from existing capital projects (930-9296 and 930- 90379) that were already planned to construct the City's portion of this match, but will now be combined into one project - see previous agenda item for Budget Amendment No. 2. The scope of work for this project consists of two different complementary projects as follow: Project I - The Preparation of the Plans, Specification and Estimate (PS&E) for an ITS Project that will integrate the traffic management centers of the Lubbock District of the State and the City traffic management center. PS&E will include the development of construction plans and any necessary software required to integrate communication between TxDOT and the City's Traffic Management Center (TMC) where the ITS functions will be housed. This project will facilitate the establishment of the Amber Alert system for the Lubbock regional area. The project will include the design of software for the Amber Alert/DMS program, which will be integrated into the 450 Regular City Council Meeting November 4, 2004 Page 451 City's TMC and TxDOT. The surveillance information will be used to help select traffic signal timing plans in the affected corridor for incident management as well as being available to the emergency services' dispatch centers. Project 2 will be the Construction of the Integrated Network. This will integrate TxDOT traffic signalized intersections along the South Loop 289 corridor with Lubbock's TMC. The funds will also connect TxDOT to Lubbock's Traffic Management Center. The information will then be available to TxDOT to monitor the operation of TxDOT- owned traffic signals and the Amber Alert Program. The project will consist of integrating the TxDOT freeway management system that will be in the U.S. 82 (Marsha Sharp Freeway) project currently under construction with the City's traffic signal system. There will be several Amber Alert signs along the freeway. The funds will also be used to pay the consultant to develop a report evaluating the benefits of the project as required. The project will take approximately five years. When completed, this project will improve freeway congestion and quickly respond to freeway incidents in a safe and traffic integrated manner. FISCAL IMPACT: Short term, 1-3 years, this project will have a neutral fiscal impact in that existing capital project funds will be utilized: $150,000 in Capital Project 930-90379, Signal System Communications PHI -ITS. Current funding in this project number for FY 04-05 is $100,000 with the additional $50,000 to be transferred from 930-9296, Computer System Design, reducing that project amount from $4,390,707 to $4,340,707. The funds in both of these projects that will be utilized for ITS were already intended to be utilized for fiber optic cable extensions that will be funded by the City's share of this project. Additionally, the Police and Fire dispatchers will have access to the video surveillance on the freeways utilized to operate the freeway management system. This will improve the emergency response at no additional cost to the Police and Fire Departments. Longer term, beyond 3 years, the City and TxDOT will need to sign an additional agreement to fund the operation of the City's TMC; probably 7:00 a.m. to 7:00 p.m., special events, and on -call for emergencies. The personnel costs will probably be shared between TxDOT and the City. Estimated cost of personnel services for 1 full time and 1 part time engineering associate including benefits is $75,000-125,000 per year. Maintenance of additional equipment within the TxDOT right-of-way will be TxDOT's responsibility. If the City maintains the equipment, it will be under a revenue neutral agreement with TxDOT. Staff recommended approval of this resolution. Motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass Resolution No. 2004-RO552 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (30.) Resolution No. 2004-RO553 authorizing the Mayor to sign an agreement with Texas Tech University for Installation and Reimbursement for the Operation and Maintenance of Traffic Signals on Texas Tech University (Traffic Engineering). RESOLUTION NO.2004-RO553 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 an Agreement for Installation and Reimbursement for the Operation and Maintenance of Traffic Signals on the Texas Tech University Camp, and any associated documents, by and between the City of Lubbock and Texas Tech University, a copy of which Agreement is attached hereto which shall constitute and be a part hereof as if fully copied herein in detail. 451 Regular City Council Meeting November 4, 2004 Page 452 Passed by the City Council this 28th day of October, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Jeryl D. Hart, Jr. Jeryl D. Hart, Jr., P.E., City Traffic Engineer 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-R0553. This agreement allows Texas Tech University to reimburse the City at a flat rate for the maintenance of certain traffic signals on the Texas Tech University (TTU) Campus. This agreement is similar to the current agreement between TxDOT and the City for traffic signal maintenance on TxDOT's freeway system. This agreement will allow the City to maintain continuous traffic signal coordination along the Indiana Avenue/TTU Parkway major arterial route through the TTU campus. This agreement does not include all the traffic signals on campus at this time, but only the signals on TTU Parkway, Indiana Avenue, and 181h Street, for a total of four. FISCAL IMPACT: This is a revenue neutral agreement. The first year lump sum amount of $8,480 will be billed and paid on a quarterly basis. FY 04-05 will include three quarters with revenue of $6,360. An increase in Traffic Engineering's operations budget for the additional effort is required: First year labor costs: $2,120 (4523.8002) and $4,240 (4525.8002) - See Budget Amendment No. 2 Future years will include materials costs. This agreement has an automatic renewal clause and an automatic compensation adjustment clause based on the appropriate federal consumer price index. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO553 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Boren recused himself. 9:44 A. M. CITY COUNCIL RECESSED 10:00 A.M. CITY COUNCIL RECONVENED IN WORK SESSION Committee Room 103 All council members were present, except Mayor Pro Tern Martin and Council Member DeLeon (31.) Discussion of the Water Resource Master Plan. Thomas Adams, Deputy City Manager, gave comments and introduced Dale Cherry and Phil Spitzer of Black & Veatch. Mr. Spitzer gave a PowerPoint presentation called "Integrated Water Resources Management 452 Regular City Council Meeting November 4, 2004 Page 453 Plan". Ches Carthel, Chief Engineer, Water Utilities, answered questions from Council. Council Member Boren stated that a policy statement is needed on how the City of Lubbock reviews its water resources. The statement should be, at what point in time do we treat that water to the point that it is a quality of water that we can drink out of our faucets or cook our food with the same confidence of that in every major city in Texas where they are doing it already. H. P. (Bo) Brown, Chairman of the Water Advisory Commission, stated that the commission was in total accord to move forward with a study on this. Mayor Pro Tern Martin requested that City Manager Lou Fox put it on the agenda to adopt a resolution that is official policy of the City of Lubbock that we are moving toward getting out of the land application business for wastewater disposal with all deliberate speed. (32.) Presentation regarding activities and an overview of Ports -to -Plains. Michael Reeves, President of Ports -to -Plains gave a presentation to update the Mayor and City Council regarding recent and current activities of Ports -to -Plains. The Ports -to -Plains Trade Corridor Coalition is a non-profit organization dedicated to ensuring the success of the Ports -to -Plains Trade Corridor. The Coalition represents businesses, cities, counties, and organizations along the trade corridor route. Mayor Pro Tern Martin stated that at the annual meeting in November 2003, Ports -to -Plains made a change by broadening their mission statement to include a rail component. (33.) Presentation of the Citibus Strategic Planning Committee Strategic Plan. -- Craig Farmer, Managing Director of Planning & Transportation and Liaison to Citibus, introduced Jay Jacobus, Chairperson of Citibus Transit Authority and Carolyn Thompson-Conwright, Chair of the Public Transportation Strategic Planning Task Force, who gave a presentation on the Citibus Strategic Plan. Council Member Gilbreath stated that at the last MPO meeting, when the Transportation Plan was adopted, they talked about the City Council adopting this plan at their next meeting and including that as an appendix to the Transportation Plan. He suggested that this item be put on the agenda for the next meeting. 11:35 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City CouncillCity Manager's Conference Room All council members were present. 12:40 P. M. CITY COUNCIL RECONVENED IN WORK SESSION Committee Room 103 All council members were present. (34.) Discussion of potential State and Federal legislative issues for the City of Lubbock. The Mayor and City Council discussed potential legislative issues to initiate or support during the 2005 Legislative Session. 453 Regular City Council Meeting November 4, 2004 Page 454 Potential Legislative Issues City Of Lubbock Compiled by City Staff (based on Council discussion this past year) State Legislative Issues: ♦ 5% local preference — Initiate legislation increasing local option purchasing discretion from 3% to 5%. Lubbock's initiative was passed by the Legislature in the 2003 session, but was vetoed by Governor Perry. (Initiate). ♦ Advisory board member matters — Initiate legislation allowing a municipality's governing body to deliberate its choices for Advisory Board members during Executive Session. (Initiate). ♦ Alcohol Referendum — Initiate legislation that would allow City or County elected officials to call for a referendum on alcohol sales within their jurisdiction. Current law requires a petition process to call such an election. Mayor Pro Tern Martin and Council Member Boren were opposed to this item. (Initiate). ♦ Civil Service/Fire Dept. (AG's Opinion No. GA-0041) — Initiate legislation to make a change in Chapter 143 of Local Govt. Code where not all Fire Department employees fall under civil service protection. (Support). ♦ Section 312 of the Tax Code related to tax abatements — Initiate legislation to amend Section 312 of the Tax Code related to tax abatements. The initiated legislation would allow counties to offer tax abatement to the lessee of real property on the tangible personal property located on the realty. Under current law, only municipalities are allowed to offer abatement to the lessee under these conditions. (Endorse). ♦ Junk Vehicles — Initiate legislation that would create a provision whereby there would no longer be a public hearing process associated with providing junk vehicle notices. (Initiate). ♦ Local flexibility in Enterprise Zones — Initiate legislation that provides municipalities with greater discretion in the creation of Enterprise Zones within their jurisdiction. Currently, Enterprise zones are automatically created in all Census block group areas where 20% or more of the population falls below the poverty level. (Initiate). ♦ Meet and Confer — Monitor and oppose legislation that would make changes to Chapter 143 Subchapter J of the Texas Local Government Code regarding "Meet and Confer". (Strongly oppose). ♦ Municipal street infrastructure funding — Initiating legislation that would allow municipalities to enact a "Street Fee" or initiating legislation that would direct a portion of State gasoline tax revenue to municipalities are two options for increasing funding for municipal street projects. (Support). ♦ Non-profit status of group homes — Initiate legislation requiring proprietors of group home housing to be solely non-profit agencies. (Combine this item with group home maximum occupancy stating if you have more than six in a group home, it must be a strictly non-profit operation and initiate.) ♦ Group home maximum occupancy — Initiate legislation that would establish maximum group home occupancy levels that would protect single-family residential developments from inharmonious and harmful land uses and would provide a quality environment for the residents of the district and the city. (Combine this item with non-profit status of group homes stating if you have more than six 454 Regular City Council Meeting November 4, 2004 Page 455 in a group home, it must be a strictly non-profit operation and initiate.) ♦ Paving Assessments — Initiate legislation that amends the Local Government Code to allow municipalities to assess adjacent landowners for construction costs associated with paving improvements. Currently, municipalities are only allowed to assess adjacent property owners with fees based upon the enhanced value of their property after receiving paving improvements. (Initiate.) ♦ Photo red light traffic enforcement (make a criminal not civil offense) — Initiate legislation that would allow municipalities to rely on a presumption that the registered owner of a vehicle is the perpetrator of the violation documented under photographic enforcement measures. (Monitor.) ♦ Transit Stations — Initiate legislation that would allow Municipal Planning Organizations to set standards for development around transit stations or initiate legislation that enables incentives for mixed use and sustainable development around transit stations. (Take this item off.) ♦ Water Issues ■ Environmental Floes Study Commission ■ Senate Select committee on Water Policy ■ Arsenic standards ■ Desalination ■ Conservation — Outlined in Statement of Water Resource Management Priorities ■ Reclamation and Reuse — Outlined in Statement of Water Resource Management Priorities ■ Water Importation/Interbasin Transfers - Outlined in Statement of Water Resource Management Priorities ■ Rule of Capture — Right of Capture Mayor McDougal asked City Secretary Rebecca Garza to ask the Water Advisory Committee to get a list of recommendations to the Council at least by the end of December. ■ Do what we can with TxDOT for formula funding for the bus systems ■ Introduce and support a Regional Mobility Authorities (RMA) allowing cities to establish an RMA, rather than only counties as it is now ■ Support Truth in Taxation and the 3% cap of appraisals of home even to the point of making appraisal boards being elected, not appointees of taxing entities. (Adopt same stance.) ■ Oppose any legislation that would water down our ability to require utility companies to pay for relocations of their own lines. ■ Give Mayor or Mayor Pro Tem authority to take a stance on the matters that need quick action. Federal Legislative Issues: ♦ Increased or level funding for CDBG and HOME programs — As more entitlement cities qualify for CDBG or HOME programs, federal funding remains unchanged, which decreases the level of funding for the City. (Support.) 455 Regular City Council Meeting November 4, 2004 Page 456 ♦ Transportation Appropriation Request/Caprock Xpress Project — Support of Federal Appropriation request that was sent by the Chamber of Commerce to Sen. Hutchinson and Sen. Comyn for the AMTRAK demonstration train. This project would create a passenger rail line from Dallas -Fort Worth area through Abilene, Sweetwater, Lubbock, Amarillo to Denver, Colorado. (Support.) ♦ Water Issues o Arsenic standards (Support.) Council consensus was to bring this item back to the November 18, 2004 City Council Meeting. 1:43 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. 2:47 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers All council members were present. 2:47 P. M. COUNCIL ADJOURNED There being no fiuther business to come before Council, Council Member Price made a motion to adjourn, and Mayor Pro Tem Martin adjourned the meeting. Read and approved thisday of MARC MthOUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary 456