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Home My WebLink AboutMinutes - City Council - Regular - 11/18/2004CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 18, 2004 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 18th 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, Mayor Pro Tern Tom Martin, Council Member Gary O. Boren, Council Member Linda DeLeon, Council Member Jim Gilbreath, Council Member Phyllis Jones, Council Member Floyd Price Absent: No one CITIZEN COMMENTS One citizen expressed comments to the Council. Jan Brewer, 5212 — 43`d Street, spoke concerning the Texas Tech students living in her neighborhood. 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 competitive matters of the public power utility; discuss or deliberate regarding commercial or financial information from an economic development business prospect seeking to locate, stay, or expand in or near Lubbock as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:34 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. (1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Cemetery; Planning and Transportation; 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; 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; 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. Regular City Council Meeting November 18, 2004 Page 462 ( 5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.087 to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations (Overton). 9:35 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 Linda DeLeon; Council Member Jim Gilbreath; Council Member Phyllis Jones; Council Member Floyd Price; Lou Fox, City Manager; Rebecca Garza, City Secretary; and Richard Casner, First Assistant City Attorney Absent: No one Mayor McDougal called the meeting to order at 9:36 A. M. (6.) Invocation by Reverend Merle Fulmer, Lakeridge Baptist Church. (7.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. The next item considered was Item 10. Board Appointment Recognition and Items 8 and 9 were considered following Item 10. BOARD APPOINTMENT RECOGNITION Airport Board Receiving: Dr. John Bowen Dr. E. C. Leslie Irasema Velasquez Appointments Advisory Board Receiving: Jimmy Moore Building Board of Appeals Receiving: Steve Hill (unable to attend) Rose Hardy (unable to attend) Libraries Board Receiving: Oscar Huerta Anita Harrison Neighborhood Redevelopment Commission Receiving: Elizabeth Sisco (unable to attend) Planning & Zoning Commission Receiving: Todd Whitaker Greg Garland Structural Standards Commission Receiving: L. V. Andrews Urban Design/Historic Preservation Commission Receiving: Dr. James White Dr. Paula Marshall -Gray (unable to attend) Zoning Board of Adjustment Receiving: Alice Chavez 462 Regular City Council Meeting November 18, 2004 Page 463 CITIZEN APPEARANCES (8.) Presentation of a proclamation declaring November as National Hospice Month. Several members of Hospice were present to accept the proclamation. Council Member Price, a former member of the Hospice Board commended the employees of Hospice. (9.) Presentation of a special recognition to Lubbock Police Officer Eric Sturgeon and Department of Public Safety Trooper Tom Lord for heroic service in saving the life of a citizen. On October 27, 2004, Paul Anthony Honesto was fleeing in a vehicle from Lubbock Police Officers and Department of Public Safety Troopers. During the pursuit, Honesto's vehicle collided with the north concrete barrier on the 66th Street overpass above Interstate 27. Honesto left his vehicle and jumped over the south barrier. Just as Honesto dropped below the barrier, Lubbock Police Officer Eric Sturgeon and Department of Public Safety Trooper Tom Lord reached over the barrier and caught Honesto, preventing him from falling to his death. As Honesto struggled to break free, Officer Sturgeon and Trooper Lord held him until Lubbock Police Corporal Michael Jordan and Lubbock Police Officer Chad Demaray helped them pull him back over the barrier to safety. Officer Sturgeon and Trooper Lord acted without hesitation or regard that Honesto's weight and momentum might pull them over the barrier with him. Their immediate action saved the life of Paul Anthony Honesto. Mayor Pro Tern Martin and Council Member Price assisted Mayor McDougal with this special recognition. The next items considered were Items 11 and 12. (10.) Presentation of a special recognition to West Texas Donoritos, which is a collaborative effort to provide organ transplants in West Texas. This item was considered following Item 7. Council Member Gilbreath introduced Sam Holton, a member of the Leadership Coordinating Council of the Organ Donation Breakthrough Collaborative and President & CEO, of Life -Gift Organ Donation Center. Mr. Holton accepted the special recognition. Mr. Holton introduced the Donoritos Team. He also recognized Jensen Fritz, who had received a liver transplant at 13 months of age. Also recognized was Cheryl Smith, whose husband, Tim is a tissue donor. Next considered were Board Appointments Recognition and Items 8 and 9. Items 11 and 12 were considered following Item 9. (11.) Presentation of a special recognition to City Secretary and County Elections staff for outstanding work during the November 2, 2004 election. The City Secretary and Council Elections staffs were present for the special recognition. City Secretary Rebecca Garza also recognized other City of Lubbock employees and citizens who worked election night. Dorothy Kennedy, County Elections Administrator also commended the workers. Mayor Pro Tem Martin gave comments. (12.) Presentation of a special recognition to LP&L and the LP&L Advisory Committee for the hard work they did during the last election to make LP&L its own entity. Mayor McDougal stated he had invited three former council members to attend this special recognition. They were: Council Members Victor 463 Regular City Council Meeting November 18, 2004 Page 464 Hernandez, Frank Morrison and T. J. Patterson. Only Council Member Morrison was able to attend. He asked all present Council Members to come down for the presentation. The new charter members of the Electric Utility Board present were Randy Andrews, W. R. Collier, John Owens, Craig Wells, Connie Wharton and John Zwiacher. Mayor McDougal also asked Judge J. Q. Warnick. Mayor McDougal asked LP&L employees Carroll McDonald, Darrell Oliver and Gary Zheng and former Board Member Dr. John Bowen to come forward. Judge Wamick and W. R. Collier gave comments. CONSENT AGENDA (Items 13, 16-19, 21-27, 29) Motion was made by Mayor Pro Tem Martin, seconded by Council Member Price to approve Items 13, 16-19, 21-27, 29 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (13.) Approval of Minutes: October 28, 2004 Regular City Council Meeting (as corrected) October 29, 2004 Special City Council Meeting The next items considered were Items 16-19. Items 14-15 were considered following Item 29. (14.) Ordinance No. 2004-00135 amending Chapter 16, Sec. 16-234 of the Code of Ordinances of the City of Lubbock, Texas, regulating parking on a private or commercial lot after closing hours of the business establishments adjacent to or utilizing said parking lot; providing for criminal penalties; providing a savings clause; and providing for publication (Police). ORDINANCE NO.2004-00135 AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, REGULATING PARKING ON A PRIVATE OR COMMERCIAL PARKING LOT AFTER CLOSING HOURS OF THE BUSINESS ESTABLISHMENTS ADJACENT TO OR UTILIZING SAID PARKING LOT; PROVIDING FOR CRIMINAL PENALTIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance addressed the problem of vehicles and persons congregating along and off city streets in private parking areas; thereby creating a distraction to vehicles traveling on adjacent public streets, and creating movement in and out of such areas into public streets at times after dark. Further, this addresses the problem of littering and breakage of glass potentially creating a public nuisance resulting from parking after hours in such places. The Lubbock Police Department is required in such areas to deal with minors in possession of alcohol and disorderly conduct offenses. These areas further provide a place for the drinking of alcoholic beverages and result in public intoxication and potential D.W.I. offenses. FISCAL IMPACT: Not applicable. Staff recommended approval of first reading of this ordinance. Council Member Jones had requested that this item be pulled from Consent Agenda and asked Chief of Police Claude Jones to give comments. Chief Jones stated this would give his officers another foothold on some of the late night congregations on lots around town and leaving debris. This will allow businesses to post "No Parking Zone" on their property during 464 Regular City Council Meeting November 18, 2004 Page 465 closed hours, and give officers probable cause to interact with the congregations parking their vehicles on these lots. Motion was made by Council Member Jones, seconded by Council Member Price to pass on first reading Ordinance No. 2004-00135 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (15.) Ordinance No. 2004-00136 amending Chapter 12 of the Code of Ordinances, with regard to notice and order to abate nuisances and abatement of nuisances by City; providing a penalty; providing a savings clause; and providing publication (Planning and Transportation). ORDINANCE NO.2004-00136 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO NOTICE AND ORDER TO ABATE NUISANCES AND ABATEMENT OF NUISANCES BY CITY; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This amendment to Section 12-104 (a), (b), and (c) of the City of Lubbock Code of Ordinances will change the requirements for notification of property owners of violations on private property regarding nuisance weed and/or rubbish violations. Currently, property owners are required to be notified by certified mail. With this amendment, the City has the option to notify property owners using regular mail and a posting on the property. In addition, this amendment to Section 12-106 of the City of Lubbock Code of Ordinances will reduce the length of time given to a property owner to abate weed and/or rubbish nuisances that have been cited on their property from 10 days to 7 days. This will allow for faster compliance should the City be required to abate the cited nuisances. FISCAL IMPACT: No additional funding is required. A cost savings of approximately $30,000 per year can be expected with this amendment to the ordinance in the Business and Neighborhood Development postage budget. Staff recommended approval of first reading of this ordinance. Council Member DeLeon had requested that this item be pulled from Consent Agenda and gave comments. Mayor Pro Tem Martin commended Council Member DeLeon for her efforts. Motion was made by Council Member DeLeon, seconded by Mayor Pro Tern Martin to pass on first reading Ordinance No. 2004-00136 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 20. Items 16-19 were considered following Item 13. (16.) Ordinance No. 2004-00133 abandoning and closing a portion of a ten -foot Underground Water Line Easement in Section 37, Block AK, Lubbock County (4202 Huron Avenue) (Right -of -Way) first reading). ORDINANCE NO. 2004-00133 AN ORDINANCE ABANDONING AND CLOSING A 10-FOOT UNDERGROUND WATER LINE EASEMENT LOCATED IN SECTION 37, BLOCK AK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 465 Regular City Council Meeting November 18, 2004 Page 466 This ordinance abandons and closes a north/south 10-foot by 341.2-foot section of an underground water line easement just north of Huron Avenue and what would be 42nd Street adjacent to the platted Santa Fe Industrial Addition area. The requestor of this closure is WPI Construction, Inc. and this easement portion is being closed for platting purposes. A new easement will be dedicated to replace this easement being closed. FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the first reading of this ordinance. (17.) Ordinance No. 2004-00134 abandoning and closing a Lubbock Power and Light Underground Electric Line Easement and a Lubbock Power and Light Underground Electrical Utility Easement located in Lot 3, Tract C, Caprock Addition to the City of Lubbock (2615 52nd Street) (Right -of -Way) (ftirst reading). ORDINANCE NO. 2004-00134 AN ORDINANCE ABANDONING AND CLOSING TWO UNDERGROUND UTILITY EASEMENTS FOR LP&L LOCATED IN LOT 3, TRACT C, CAPROCK 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 two Lubbock Power and Light underground electrical utility easements in Lot 3, Tract C of the Caprock Addition. These easements are located just north of 52nd Street and east of Boston Avenue on the old Montgomery Ward property. These easements are being closed for replat purposes and new easements will be dedicated to replace these easements being closed. FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the first reading of this ordinance. (18.) Resolution No. 2004-RO555 authorizing the Mayor to execute a parking lot lease with Conference Cafe, Inc., d/b/a Whiskey River for the use of a City parking lot (1928 Texas Avenue) (Right -of -Way). RESOLUTION NO.2004-RO555 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 Conference Cafe Inc., DBA Whiskey River, 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 18th day of November, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 466 Regular City Council Meeting November 18, 2004 Page 467 APPROVED AS TO CONTENT: /s/ Ed Bucy 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-R0555. This lease agreement is for Bryan Dayne O'Reily and Felenia Dawn Burge, owners of Conference Cafe, Inc., d/b/a Whiskey River, at 1720 Buddy Holly Avenue, to lease approximately 47 spaces of the City's Health Department parking lot at the southwest corner of 19`h Street and Texas Avenue. Additional parking per zoning requirements is needed for customers of the cafe during the evening and nighttime hours. They have 31 spaces leased but have expanded the business and need another 16 spaces to meet zoning requirements for a total of 47 spaces. This lease is for two years and the City will receive $176.25 per month for this lease. This has been calculated as follows: $15 per space (typically monthly downtown parking lot space rental rate) x 47 spaces = $705. Parking will occur on these spaces only 15 days of the month and they will be leased only 12 hours a day maximum. Therefore, $705 x %2 month x '/2 day = $176.25 due to the City per month. FISCAL IMPACT: Annual income to the City will be $2,115. The Right -of -Way Department recommended approval of this resolution. (19.) Resolution No. 2004-RO556 for a Pipe Line License from the Burlington Northern and Santa Fe Railway Company for the crossing of their railroad line with the South Lubbock Drainage Project — Package #1 Main Trunk Line (Stormwater Management). RESOLUTION NO.2004-RO556 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 Pipeline License by and between the City of Lubbock and The Burlington Northern and Santa Fe Railway Company, and any other related documents. Said Pipeline License 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 18th day of November, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, P.E. City Engineer 467 Regular City Council Meeting November 18, 2004 Page 468 APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner, First Assistant City Attorney A copy of the License is filed with Resolution No. 2004-R0556. The South Lubbock Drainage Project — Package #1 Main Trunk Line has one crossing of the Burlington Northern and Santa Fe Railroad, which runs adjacent to Spur 331 in southeast Lubbock. The Pipeline License will allow the storm sewer to be constructed under the railroad track. The cost associated with the Pipeline License is $5,000 plus the purchase —" of the blanket Railroad Protective Liability Insurance Policy at a cost of $1,000 for a total of $6,000. The crossing is necessary for the construction of the South Lubbock Drainage Project that is currently under construction. FISCAL IMPACT: The existing budget for the South Lubbock Storm Sewer Project includes the $6,000 for the funding for the Railroad License. This is a one-time cost associated with the railroad crossing. Staff recommended approval of this resolution. The next items considered were Items 21-27. (20.) Resolution No. 2004-RO567 expressing appreciation to Jim Aldridge for his services as a Temporary/Substitute Judge (upon his resignation) and to appoint Dwight McDonald as a Temporary/Substitute Judge of the Lubbock Municipal Court of Record (Municipal Court). RESOLUTION NO.2004-RO567 WHEREAS, Judge Jim Aldridge has resigned his position as a temporary and substitute judge of the Municipal Court of Record; and WHEREAS, the City Council and the Presiding Judge of the Lubbock Municipal Court of Record desire to express their appreciation for his service to the Lubbock Municipal Court of Record; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby expresses its appreciation and gratitude to Jim Aldridge for his service and a temporary and substitute judge of the Lubbock Municipal Court of Record. Passed by the City Council this 28th day of November, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Robert A. Doty Robert Doty, Presiding Municipal Judge i s Z, Regular City Council Meeting November 18, 2004 Page 469 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel This item was considered following Item 15. Jim Aldridge has resigned, effective October 31, 2004, after serving several years as a Temporary/Substitute Judge for the City Municipal Court. It is appropriate to express appreciation to Judge Aldridge for his service to the City. It is also necessary to appoint a new Temporary/Substitute Judge to replace Aldridge on the panel of Night Magistrates. FISCAL IMPACT: This position is budgeted annually. The Presiding Judge recommended the appointment of Dwight McDonald to the panel. Mayor Pro Tem Martin requested that this item be pulled from Consent Agenda. He stated he wished to ask Judge Doty about the bond setting by some of the part-time judges. He mentioned a recent incident where a judge had released a detainee on virtually no bond and the next day, he stole another car. He wanted to know if Council had the authority to fire the judge or was that strictly the Judge's responsibility. First Assistant City Attorney Richard Casner stated since the part-time judges are not elected officials and Council appoints them, he would assume the Council had the power to unappoint them. Mr. Casner stated he would check into that. Council Member Gilbreath asked to hold on this item at this time. Mayor McDougal requested that Council hold this item until later in the meeting. He didn't want to put the court in a position of having a shortage of judges. Mayor McDougal asked staff to call Judge Doty to come and speak on this item. The next item considered was Item 28. This item was reconsidered following Item 30. Municipal Court Judge Robert Doty was present for the reconsideration of this item and answered questions from Council. Mayor Pro Tern Martin asked how Council could remove the judges. Judge Doty stated they are appointed for a two-year term. You could not reappoint them at the end of the term. There are provisions in the law where a judge can be removed for malfeasance in office during the timeframe; however, that's a "for cause" type dismissal. Mayor McDougal stated: "So, they don't serve at the pleasure of the Council." Judge Doty stated they have a specific term of office, so they are not "at will". First Assistant Attorney Casner stated staff had pulled the statute, and as far as "unappointment", the statute is silent. He stated typically appointment power carries with it unappointment power. When you deal with judges' terms, they will have to get back with Council. Mayor Pro Tern Martin referred to the "nothing" bond set by a substitute judge. He asked how do you get rid of a judge who is not doing their job? Judge Doty stated to not reappoint them at the end of the term or during their term, you would have to find some kind of cause and have a hearing and dismiss them "for cause". Judge Doty stated this was not a Municipal Court Judge; but was a County Magistrate. He further stated the City Magistrates only deal with Class C Misdemeanors. They do not deal with anything above that. Em Regular City Council Meeting November 18, 2004 Page 470 Mayor Pro Tem Martin stated he still had a problem with not having options if a judge is not doing the job, except wait until the term is up and not reappoint him or her He stated he wasn't sure he wanted to appoint anyone until he could interview him or her. Mayor McDougal stated that was only under the terminology that was in the ordinance, which states the term of office shall be for two years. He asked if the ordinance could be changed to read: "The term of office shall be for up to two years at the discretion of the Council", and then talk about the salary. First Assistant Attorney Casner stated if there is a power to unappoint for things other than "for cause", then the ordinance wouldn't have to say that. He stated if there isn't a power to unappoint, except for what the statute provides, he didn't think adding that material to the ordinance would help. Mayor McDougal stated that he wanted to know if Council would have the authority to replace during that two-year period. Ms. Casner stated his staff would check on this and be ready to speak on it at the next Council meeting. Judge Doty stated his court could function without this substitute judge for a short term. Motion was made by Council Member Gilbreath, seconded by Mayor Pro Tem Martin to pass Resolution No. 2004-RO567 expressing appreciation to Jim Aldridge for his services as a Temporary/Substitute Judge. Motion carried: 7 Yeas, 0 Nays. Mayor McDougal stated that the balance of this item would be brought back at the December 7, 2004 City Council Meeting. The next items considered were Items 31-33. Items 21-27 were considered following Item 19. (21.) Resolution No. 2004-RO557 in support of a grant application in the amount of $53,998 in response to an RFP from South Plains Association of Governments (SPAG) and the Texas Commission on Environmental Quality (TCEQ) for fiscal year 2005 Solid Waste Grant Programs, to be used to purchase equipment that will be used at the Recycling Drop-off Centers (Solid Waste). RESOLUTION NO.2004-RO557 A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS, AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE SOUTH PLAINS ASSOCIATION OF GOVERNMENTS FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT; AUTHORIZING THE MAYOR TO ACT ON BEHALF OF THE CITY OF LUBBOCK IN ALL MATTERS RELATED TO THE APPLICATION; AND PLDEDGING THAT IF A GRANT IS RECEIVED THE CITY OF LUBBOCK WILL COMPLETELY COMPLY WITH THE GRANT REQUIREMENTS OF THE SOUTH PLAINS ASSOCIATION OF GOVERNMENTS; THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS. WHEREAS, the South Plains Association of Governments is directed by the Texas Commission on Environmental Quality to administer solid waste grant funds for implementation of the COG's adopted regional solid waste management plan; WHEREAS, the City of Lubbock in the State of Texas is qualified to apply for grant funds under the Request of Applications. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to request grant funding under the South Plains Association of Governments Request for Applications of the Regional Solid Waste Grants Program and act on behalf of the City of Lubbock in all matters related to the grant application and any subsequent grant contract and grant project that may result. 470 Regular City Council Meeting November 18, 2004 Page 471 2. THAT if the project is funded, the City of Lubbock will comply with the grant requirements of the South Plains Association of Governments, the Texas Commission on Environmental Quality and the State of Texas. 3. THAT the grant funds and any grant -funded equipment or facilities will be used only for the purposes for which they are intended under the grant. 4. THAT activities will comply with and support the regional and local solid waste management plans adopted for the geographical area in which the activities ware performed. 5. THAT the City Secretary of the City of Lubbock is hereby authorized and directed to make a certified copy of this Resolution available for said grant application. Passed by the City Council this 18th day of November, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra Frankhouser Debra Frankhouser, Solid Waste Collections Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel HB 3072 mandates that the TCEQ return to local governments a portion of the state surcharge ($1.25 per ton) collected on landfill tipping fees. The funds are apportioned to each Council of Governments based on a formula that includes, but is not limited to, population, need, and number of counties in the Council area. The Councils then conduct a competitive grant application process to address the needs of their specific region. This year, SPAG has approximately $312,334 available for pass -through implementation projects. The SPAG Solid Waste Advisory Committee has chosen to limit each single jurisdiction award to a maximum of $58,000. The Solid Waste Services Department's grant application is for the purchase of several pieces of equipment. This equipment will be used at the recycling drop-off centers, clean-up events and in alleyways to collect and transport recyclable materials including yard waste and scrap metal. The specific pieces of equipment include: 4 twenty -foot trailers with hydraulic dump, • 6 thirty cubic yard roll -off boxes, and 0 1 detachable truck body system with hydraulic dump and chipper body (for installation on existing pickup truck). FISCAL IMPACT: This grant is for one-time expenditures for equipment. Staff recommended approval of this resolution supporting the grant application. (22.) Resolution No. 2004-RO558 authorizing the approval of a lease agreement between the City and S & H Metal Works & Manufacturing, Inc. for three buildings (37,654 square feet) (Airport). 471 Regular City Council Meeting November 18, 2004 Page 472 RESOLUTION NO.2004-RO558 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 Agreement with S and H Metal Works & Manufacturing, Inc. at Lubbock International Airport, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 18th day of November, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James Loomis James Loomis, Director of Aviation 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-R0558. S & H Metal Works & Manufacturing, Inc. has leased industrial property on the east side of the airport since 1995. S & H Metal Works is a company primarily engaged in fabricating steel products and storage of parts and equipment. The new agreement will be for five years with one additional five-year option to renew. The lease will have an annual rental of $24,475.10 made in monthly payments of $2,039.59. The lease includes an annual Consumer Price Index adjustment (CPI). FISCAL IMPACT: Annual rental income will be $6,475.10 and it will increase annually based on the CPI. The Airport Board and staff recommended approval of this resolution. (23.) Resolution No. 2004-RO559 authorizing the approval of a supplemental agreement between the City and the Federal Aviation Administration, Department of Transportation to add .918 acres for an additional remote transmitter site (Airport). RESOLUTION NO. 2004-RO559 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 Supplemental Agreement No. 1 with the United State of America, represented by the Federal Aviation Administration, amending Lease No. DTFA07-88-L-01016 at the Lubbock International Airport, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 472 Regular City Council Meeting November 18, 2004 Page 473 Passed by the City Council this 18th day of November, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James Loomis James Loomis, Director of Aviation 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. 2005-R0559. Supplemental Agreement No. 1 to the Federal Aviation Administration Lease No. DTFA07-88-L-01016 incorporates an additional remote transmitter site to the lease. The facility has been commissioned for some time but was not identified in the current agreement. The City leases the land for the remote transmitters to the FAA at no cost. The lease will be in effect until September 2007. FISCAL IMPACT: None. The Airport Board and staff recommended approval of this resolution. (24.) Resolution No. 2004-R0560 to approve a revised Investment Policy and Investment Strategy (Investments/Debt). RESOLUTION NO.2004-R0560 WHEREAS, on August 25, 1995, the City Council of the City of Lubbock adopted Resolution #4933 which established an investment policy for the City of Lubbock; and WHEREAS, on December 18, 1997, the City Council of the City of Lubbock adopted Resolution #5728 which revised the City's investment policy so as to comply with changes to the Public Funds Investment Act (Chapter 2256 of the Texas Government Code); and WHEREAS, on May 28, 1998, the City Council of the City of Lubbock adopted Resolution #5867 which revised the City's investment policy so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (Chapter 2256 of the Texas Government Code); and WHEREAS, on November 4, 1999, the City Council of the City of Lubbock adopted Resolution #6600 which revised the City's investment policy so as to make minor "housekeeping" changes and bring the current investment policy into compliance with House Bill 3009; and 473 Regular City Council Meeting November 18, 2004 Page 474 WHEREAS, on November 27, 2000, the City Council of the City of Lubbock adopted Resolution #2000-R0418, which revised the City's investment policy so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (chapter 2256 of the Texas Government Code); and WHEREAS, on November 8, 2001, the City Council of the City of Lubbock adopted Resolution #2001-R0471, which revised the City's investment policy so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (Ch. 2256 of the Texas Government Code); and WHEREAS, on February 13, 2003, the City Council of the City of Lubbock adopted Resolution #2003-R0065, which revised the City's investment policy so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (Chapter 2256 of the Texas Government Code); and WHEREAS, on October 23, 2003, the City Council of the City of Lubbock adopted Resolution #2003-R0474, which revised the City's investment policy so as to amend current practices and strategies, which revisions comply with the Public Funds Investment Act (Chapter 2256 of the Texas Government Code); and WHEREAS, the City Council has reviewed and approved the City of Lubbock Texas Investment Policy and Investment Strategy and desires to make certain changes thereto so as to amend current practices, which revisions comply with the Public Funds Investment Act (Chapter 2256 of the Texas Government Code) and the Public Funds Collateral Act (Chapter 2256 of the Texas Government Code); NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock investment policy and investment strategy, as reviewed and amended in the attached document entitled "City of Lubbock, Texas, Investment Policy and Investment Strategy" which is hereby incorporated in this Resolution as if fully set forth, BE approved and adopted for the City of Lubbock, Texas, and shall be included in the minutes of the Council. Passed by the City Council this 18th day of November, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Lee Ann Dumbauld Lee Ann Dumbauld CFO / Assistant City Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney Texas Government Code, Chapter 2257 (Public Funds Collateral Act) requires that all public funds on deposit with a depository bank be fully collateralized (insured). Collateral that is typically used to insure public 474 Regular City Council Meeting November 18, 2004 Page 475 funds consists of certain investment securities that are approved in the Public Funds Collateral Act. The City's Investment Policy currently states, "Collateralization requirements are governed by Texas Government Code Chapter 2257 Public Funds Collateral Act. Collateralization will be required on three types of investments: time deposits, demand deposits, and repurchase agreements. In order to anticipate market changes and provide a level of security for all funds, the required minimum collateral level will be 102% of market value of principal and accrued interest monitored and maintained by the financial institution. The City of Lubbock chooses to limit collateral to the following: Underlying collateral shall be composed of those investments approved in this policy and mortgage -backed securities as defined in Texas Government Code Chapter 2257.002. The maturity of the collateral security shall be no longer than 10 years. Market value of the collateral shall be priced at least daily for repurchase agreements and monthly for time and demand deposits (including mortgage -backed securities)". The City's policy is more restrictive than the Public Funds Collateral Act. The Act does not limit the term of a collateral security, yet the City has limited the term to no longer than 10 years. The Investment Review Committee (IRC) has reviewed this portion of the Investment Policy and recommended that the term of a collateral security be extended from 10 years to 30 years. Therefore, the actual wording in this section of the City's Investment Policy will now read, "Underlying collateral shall be composed of those investments approved in this policy and mortgage - backed securities as defined in Texas Government Code Chapter 2257.002. The maturity of the collateral security shall be no longer than a 30-year stated final maturity". This change will give much more flexibility to the City's depository. As there is an indirect cost to the City of pledged collateral, giving the City's depository better flexibility on the term of securities they pledge will increase the earnings on funds that are on deposit with the City's financial institution. FISCAL IMPACT: By allowing greater flexibility on the maturity of collateral securities, the earnings rate for the City's deposits will be enhanced. The City Manager has appointed members to the IRC, which is mandated by the City's Investment Policy and Investment Strategy. The IRC has reviewed the changes to the Investment Policy and Investment Strategy and recommended approval of this resolution. (25.) Resolution No. 2004-RO561 accepting Secondary Street Maintenance Improvements constructed by Lone Star Dirt & Paving, LLP, under the 2004 Secondary Streets Maintenance Program (Streets). RESOLUTION NO.2004-RO561 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, The City of Lubbock awarded a contract January 8, 2004, authorizing the construction of residential street maintenance improvements by Lone Star Dirt and Paving, LLP, on City streets; and WHEREAS, the improvements upon the said portions of the City streets have been inspected and found to have been constructed according to the approved plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 475 Regular City Council Meeting November 18, 2004 Page 476 SECTION 1. THAT the improvements on said portions to the City streets indicated on the attached list BE and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $41,086.95. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 18th day of November, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel This item is a routine acceptance of the 2004 Secondary Streets Maintenance Program, which consisted of various types of patching, single course seal coat, and two -course surface treatment on all streets listed in the acceptance resolution. The final contract amount is $892,344.23. Final payment due the contractor upon acceptance is $41,086.95. Adequate funds are available for this payment. FISCAL IMPACT: A total of $41,086.95 is available in Seal Coat Program (Project #90323) for this payment. The Street Department recommended the approval of this resolution accepting the improvements on the 2004 Secondary Streets Maintenance Program. (26.) Consider the price and conditions of sale of Parcel 78990-12-70 at 1510 East 251h Street legally described as the North 120 feet of Lot 7, Block 12, Sieber Addition to the City of Lubbock, Lubbock County, Texas (Community Development). This is a routine sale of a vacant lot by the Urban Renewal Agency to Mireya R. Ortega for $900. The property is to be developed by remodeling and enlarging her existing 1,308 square foot brick home at 1512 East 25` Street by enclosing and renovating the existing garage into a bedroom and by adding a new three -car garage. The lot is properly zoned for residential development. FISCAL IMPACT: The sale and development will enhance the neighborhood, put the vacant lot into private ownership and back on the tax rolls, and eliminate the weed mowing expenses. The Urban Renewal Board of Commissioners approved the proposed sale on May 18, 2004. Community Development staff recommended approval. 476 Regular City Council Meeting November 18, 2004 Page 477 (27.) Consider the price and conditions of sale of Parcel 808850-0-10 at 1811 Spruce Avenue legally described as Lot A, Spruce Addition to the City of Lubbock, Lubbock County, Texas (Community Development). This is a routine sale of a vacant lot by the Urban Renewal Agency to Sammy Canales and Wife, Michell Canales for $3,600. The property is to be developed with a new 1,700 square foot single-family residence valued at approximately $115,000. The lot is properly zoned for residential development. FISCAL IMPACT: The sale and development will enhance the neighborhood, put the property into private ownership and back on the tax rolls, and eliminate the weed mowing expenses. The Urban Renewal Board of Commissioners approved the proposed sale on June 15, 2004 subject to the Urban Renewal Land Use being amended from Commercial -Multi -Family to Residential (R-1). The City Council approved the amendment on October 28, 2004. Community Development staff recommended approval. The next item considered was Item 29. (28.) Resolution No. 2004-RO563 - BID #04-180/BM—for Construction of a 30-Inch Water Line Ahead of Freeway (Public Works). RESOLUTION NO. 2004-RO563 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 reject all bids to construct a 30-inch water line ahead of freeway, per ITB #04-180-BM. Passed by the City Council this 18th day of November, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney This item was considered following Item 20. This project involves the relocation of a 30-inch water distribution line located at 4a' Street and Avenue O ahead of the Marsha Sharp Freeway. The project includes the installation of approximately 630 feet of 30-inch water line encased in approximately 525 feet of 42-inch steel encasement. The line will be relocated to a deeper depth ahead of the storm drain required for the construction of the Marsha Sharp Freeway. Time for completion is 30 consecutive calendar days and liquidated damages are $1,000 per day. Eighty-five local contractors and subcontractors were notified of the Invitation to Bid. 477 Regular City Council Meeting November 18, 2004 Page 478 FISCAL IMPACT: A total of $6,275,000 was appropriated and $320,000 is available in Project 9742 (Water Lines Ahead of Marsha Sharp Freeway) for this purpose. After receiving three bids, the low bidder is more then $100,000 over the budget amount for this project. Staff recommended City Council reject all bids. City staff has held discussions with the Texas Department of Transportation (TxDOT) to have this project bid and constructed under the TxDOT contract for the construction of the Marsha Sharp Freeway scheduled for 2005. Motion was made by Council Member Jones, seconded by Mayor Pro Tem Martin to pass Resolution No. 2004-RO563 and reject all bids as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 30. (29.) Resolution No. 2004-RO562 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an Advance Funding Agreement for Voluntary Utility Relocation Contributions on State Highway Improvement Projects with the State of Texas, acting through the Texas Department of Transportation, to relocate water utility pipelines along the Marsha Sharp Freeway (Public Works). RESOLUTION NO.2004-RO562 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 Advance Funding Agreement for Voluntary Utility Relocation Contributions on State Highway Improvement Projects, along with associated documents, with the State of Texas, acting through the Texas Department of Transportation, to relocate water utility pipelines along the Marsha Sharp Freeway from Avenue Q to .019 miles east of Avenue L. 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 18th day of November, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Thomas Adams Thomas Adams, Deputy City Manager APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney A copy of the Agreement is filed with Resolution No. 2004-R0562. This item was considered following Item 27. The City of Lubbock accepted bids for the relocation construction of a 30-inch water distribution line ahead of the Marsha Sharp Freeway. However, contractors have an abundance of ongoing projects and with the expedited schedule of utility relocations, the bid prices received were above the budgeted amount. This agreement will allow for the 478 Regular City Council Meeting November 18, 2004 Page 479 construction of the pipeline to be included in the Texas Department of Transportation bid. The result should be a lower price for construction by giving the contractor a more reasonable schedule and the ability to open cut the installation as opposed to the bore the City is required to construct. FISCAL IMPACT: The City received three bids for the construction of this utility relocation. The lowest bid was more than $100,000 above the budgeted amount. This agreement will allow for this utility relocation to be constructed by the contractor hired for Phase II of the Marsha Sharp Freeway. This will result in a cost savings to the City. The ability for the contractor to open cut the installation and have more control of the schedule should result in a lower construction cost for the water distribution line. Staff recommended the acceptance of the resolution executing an Advance Funding Agreement for Voluntary Utility Relocation Contributions on State Highway Projects between the City and the State of Texas. The result will be a cost savings by having this project included in the construction of the freeway installed by the Texas Department of Transportation's contractor. The next items considered were Items 14-15. ORDINANCES FOR PASSAGE Second Reading (30.) ORDINANCE NO. 2004-00126—ZONE CASE NO. 2658-G (east of Gary Avenue and south of 50'h 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 (second and final reading). ORDINANCE NO.2004-00126 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2658-G; A ZONING CHANGE FROM A-2 TO C-4 SPECIFIC USE FOR MINIWAREHOUSE AND OFFICE WAREHOUSE ON A PORTION OF TRACT E, BOARDWALK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item 28. This item was denied. Walter Pate, Pate and Associates Architects of Midland, spoke representing U-Stor of Lubbock. Randy Henson, Senior Planner, gave staff comments. He stated there had been one letter in opposition. He stated that the Planning Commission recommended this zone case. Council Member Boren stated that the City had undergone a great study, a Master Plan, for central Lubbock inside the Loop. Part of the study is the 501h Street Corridor. He stated he had received numerous objections concerning the warehouses that were set up in the shopping area, and he felt this was a short-term deal and was unattractive. He stated it was disrespectful to the neighborhood. Council Member Price stated that the RV storage area would cause too much traffic across from a school and a retirement center; plus, it would be an eyesore. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Price to deny this zone case. Motion carried: 7 Yeas, 0 Nays. 479 Regular City Council Meeting November 18, 2004 Page 480 At this time, Item 20 was reconsidered. Items 31-33 were considered following reconsideration of Item 20. (31.) ORDINANCE NO. 2004-00129—Amending the FY 2004-05 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 (second and final 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. 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. 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. 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. MR Regular City Council Meeting November 18, 2004 Page 481 Staff recommended approval of the second reading of this ordinance. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Gilbreath to pass on second and final reading Ordinance No. 2004-00129 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren recused himself. (32.) ORDINANCE NO. 2004-0013"mending 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 (Business Development) (second and final 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 improvement 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 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 efforts. 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 second reading of this ordinance. Motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass on second and final reading Ordinance No. 2004-00130 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. (33.) 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) (second and final 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. 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 submit it to the City 481 Regular City Council Meeting November 18, 2004 Page 482 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 Gilbreath, seconded by Council Member DeLeon to pass on second and final reading Ordinance No. 2004-00131 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. The next items considered were Items 37-39. Items 34-36 were considered following Item 39. (34.) ORDINANCE NO. 2004-00132—Approving the First Amended Central Business District Tax Increment Finance Reinvestment Zone Project Plan and Finance PIan, as adopted by the Board of Directors of the Central Business District Tax Increment Financing Reinvestment Zone (Business Development) (second and final 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. Copies of the amended Finance Plan and Project Plan were furnished in 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. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Gilbreath to pass on second and final reading Ordinance No. 2004-00132 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. CITY SECRETARY Legislation (35.) Resolution No. 2004-RO565 adopting the Legislative Omnibus for the 79'h Texas Legislative Session and the 1081h Congress, 2nd Session and 109'h Congress of the United States, for the purpose of defining the position of the City of Lubbock. Regular City Council Meeting November 18, 2004 Page 483 RESOLUTION NO. 2004-RO565 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby adopts the Omnibus Legislative Policy for the 79th State Legislative Session and the 108TH Congress, 2nd Session and 109' Congress of the United States, for the purpose of defining the position of the City of Lubbock. Said Legislative policy 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 18th day of November, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the policy is filed with Resolution No. 2004-RO565 The Legislative Omnibus is a general position statement, which will guide the Mayor and Mayor Pro Tern as they direct the legislative efforts of the City. FISCAL IMPACT: Not applicable. Legislative staff recommended approval of this resolution. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Price to pass Resolution No. 2004-RO565 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (35A.) Resolution No. 2004-RO566 adopting the Legislative Priorities for the 791h Texas Legislative Session and the 1081h Congress, 2nd Session and 109th Congress of the United States. RESOLUTION NO. 2004-RO566 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby adopts these legislative priorities for the 79th State Legislative Session and the 108T11 Congress, 2' Session and 109`' Congress of the United States, for the purpose of defining the position of the City of Lubbock. Said Legislative priorities are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Regular City Council Meeting November 18, 2004 Page 484 Passed by the City Council this 18th day of November, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ AL Am-1 Sims Amy L. Sims, Assistant City Attorney A copy of the priorities is filed with Resolution No. 2004-R0566. The Legislative priorities are a collection of statutory issues that the City proposes to initiate, support, oppose, or monitor in the State Legislature and the Federal Legislature in 2005. These priorities came from issues driven by City Council Goals combined with staff's identification of legislative needs. FISCAL IMPACT: Not applicable. Legislative staff recommended approval of this resolution. Council Member Boren stated there is a concept floating across Texas and gathering lots of support. Basically, it's called "Let the Sunshine in", where the legislature has to record key votes in a bill, as it moves forward through a process. He stated he felt Council should add this to its priorities and support. Council Member Gilbreath suggested that Council add this to the list. Mayor Pro Tem Martin left the dais. Motion was made by Council Member Gilbreath, seconded by Council Member DeLeon to pass Resolution No. 2004-RO566 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor Pro Tern Martin was away from the dais. FINANCE Budget and Research (36.) Ordinance No. 2004-00137 amending the Risk Management Internal Service Fund FY 2004-2005 Budget and transferring $3,874,030 from the Risk Management Internal Service Fund to the General Fund —fund balance first reading). ORDINANCE NO.2004-00137 AN ORDINANCE MAKING CHANGES IN THE FY 2004-05 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. Glicksman Consulting, LLC conducted the Actuarial Study as of September 30, 2004 for the City's self-insurance program for worker's compensation, general liability (including public official liability) and automobile liability. The City also funds incidents from the Risk Management Internal Service Fund that are not included in GASB No. 10 Regular City Council Meeting November 18, 2004 Page 485 definitions. The actuarial report provides the liability calculation for the September 30, 2004 CAFR in compliance with GASB No. 10 and it also recommended funding levels for FY 2004-2005. The actuarial report provides three confidence levels for each calculation. The City will record the September 30, 2004 liability at the 50% confidence level as required by GASB No. 10. This is the most favorable treatment in the financial statements. For budgeting purposes, the City should use the 90% confidence level to assure that funding is available for any unusual claims settlement outcomes. With the actuarial study information, the City can now amend its Risk Management Internal Service Fund Budget for FY 2004-2005. $3,874,030 is available to be transferred to the General Fund's fund balance. Because these funds are a one-time source of funding, they should not be used to support ongoing operations. The supporting schedule details the calculations. The September 30, 2003 unreserved and undesignated General Fund --fund balance was $9.4 million. The September 30, 2004 CAFR is now under preparation and it appears that $1 million will be added to fund balance —this is a very preliminary estimate. With this addition of $3,874,030 the General Fund --fund balance will be 14.5% of FY 2004-2005 General Fund Revenues, closing in on the City's 17% policy (2 months of operating). FISCAL IMPACT: The Risk Internal Service Fund will be properly reserved and appropriate funding will be available to meet operational requirements and to provide cash reserves that meet the actuarially calculated (1) present value of estimated outstanding losses at the 90% confidence level, (2) present value of projected ultimate limited losses for FY 2004-2005 at the 90% confidence level, and (3) actual reserves set by the City for incidents not considered an insurance related liability as defined by GASB Statement No. 10. The General Fund's fund balance will increase by $3,874,030 to an estimated $14.2 million, or 14.5% of FY 2004-2005 General Fund Revenues (September 30, 2004 unaudited basis). Staff recommended approval of first reading of this ordinance. Council Member Gilbreath thanked Chief Financial Officer Lee Ann Dumbauld for taking the initiative to get this taken care of. Mayor Pro Tem Martin returned to the dais. Motion was made by Council Member Gilbreath, seconded by Council Member DeLeon to pass on first reading Ordinance No. 2004-00137 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 11:06 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. 1:30 P M. CITY COUNCIL RECONVENED IN WORK SESSION Committee Room 103 All council members were present. The first item considered in Work Session was Item 40. Items 37-39 were considered following Item 33. Im Regular City Council Meeting November 18, 2004 Page 486 MISCELLANEOUS Business Development (37.) Resolution No. 2004-RO564 and order to approve the method of assessment classification for the North Point Public Improvement District and calling for a public hearing on December 7, 2004. RESOLUTION AND ORDER WHEREAS, the City of Lubbock in Resolution 2004-RO543 has authorized the creation of the North Point Public Improvement District pursuant to the Texas Public Improvement District Assessment Act; and WHEREAS, the City desires to apportion the cost of improvements and services to be assessed against the property in the improvement district on the basis of special benefits accruing to the property because of the improvements or services and to establish the methods of assessing the special benefits for various classes of property; and WHEREAS, the City of Lubbock desires to schedule a public hearing in accordance with Section 372.016 of the Texas Local Government Code to consider the proposed assessments for creating and maintaining the common areas on North Slide Road and adjacent right of way, creating and maintaining a green space located under a utility easement, and enhancing and maintaining amenities in the entry stations on North Slide Road, all in accordance with the Act; NOW, THEREFORE, BE IT ORDERED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT the Service Plan which contains an Assessment Plan for the North Point Public Improvement District is hereby approved by the City Council of the City of Lubbock. Said Plan is attached as Exhibit "A" and incorporated herein as if fully set forth; and SECTION 2: THAT City staff is hereby directed to prepare a proposed Assessment Roll stating the assessment against each parcel of land in the district as determined by the Assessment Plan; to file the proposed assessment roll with the City Secretary; and to make the proposed assessment roll available for public inspection; and — SECTION 3: THAT a public hearing is hereby scheduled at 10:45am, Tuesday, December 7, 2004, in the City Council Chambers, 1625 13'h Street, Lubbock, Texas, to consider the proposed assessments and receive public comment; and SECTION 4: THAT notice of said hearing shall be published in a newspaper of general circulation in the city before the tenth day before the date of the hearing as required by state law; and SECTION 5: THAT the notice shall contain the date, time and place of the hearing; the general nature of the improvements and services; the cost of the improvements and services; the boundaries of the assessment district; and a statement that written or oral objections will be considered at the hearing; and SECTION 6: THAT when the assessment roll is filed, the City staff is directed to mail to the last known address of each property owner liable for assessment (as reflected on the tax rolls) a notice of the hearing containing, at a minimum, the information contained in the published notice. Passed by the City Council this 28th day of November, 2004. /S/ TOM MARTIN TOM MARTIN, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 10 Regular City Council Meeting November 18, 2004 Page 487 APPROVED AS TO CONTENT: /s/ Rob Allison Rob Allison, Director of Business Development APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney After a public hearing, the City Council approved the Creation Resolution -- establishing the North Point Public Improvement District at the October 28, 2004 Council meeting. The Creation Resolution was published in the Avalanche -Journal on November 4, 2004, as required by statute. The next step in the PID establishment process is to consider a resolution approving the classification(s) regarding the method of assessment and to call a public hearing to consider an ordinance to levy the assessment. The resolution and classifications for the method of assessment are attached. A proposed list of property owners, addresses, valuations, assessment rates, and assessments will be available for review by the public in the Office of Business Development, City Hall, by November 23, 2004. FISCAL IMPACT: The intent of this PID is to provide additional services at no increased cost to the City's General Fund. Staff recommended approval of this resolution. Motion was made by Council Member Jones, seconded by Council Member Price to pass Resolution No. 2004-RO564 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. (38.) Resolution No. 2004-R authorizing the execution of an agreement between the City and Lubbock 3 Student Housing, L.P. (Dinerstein/Developer) regarding the funding of public improvements in Phase One, Project One, Bond Issue Two of the Project Plan for the North Overton Tax Increment Finance Reinvestment Zone. This agreement is between the City and Lubbock 3 Student Housing, L.P. (Dinerstein/Developer). With the contract, the City agrees to dedicate and pledge the use of revenue in the Tax Increment Fund to participate in the cost of the public improvements for Phase One, Project One, Bond Issue Two of the Project Plan as recommended by the Board of Directors of the North Overton Tax Increment Finance (TIF) Reinvestment Zone. This Agreement delineates the division of funding for the public improvements as represented in Exhibit D (TIF participation) and Exhibit E (Developer participation). The total amount of tax increment financing for public improvements shown in Exhibit D is $1,030,577. FISCAL IMPACT: The City will issue bonds to fund this commitment. Staff recommended approval of this resolution. Mayor Pro Tern Martin asked Assistant City Attorney Linda Chamales if this developer agreement prohibited the developer and any successive persons from transferring this property to a tax-exempt operation as long as there was TIF bond outstanding? Ms. Chamales stated that was correct. Motion was made by Council Member DeLeon, seconded by Council Member Price to pass this item as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. This item was reconsidered following Item 43. Regular City Council Meeting November 18, 2004 Page 488 Council Member Jones recommended that this item be held for further information. No further action was necessary for this item. The next item to be reconsidered was Item 39. PLANNING AND TRANSPORTATION Right -of -Way (39.) Ordinance No. 2004-00138 abandoning and closing a 10-foot alley and seven 20-foot alleys located in Blocks 31, 32, 33, 107, 108, and 111, Overton Addition, 51h Street between Avenues R and T, Overton Addition, 61h Street between Avenues R and T, Overton Addition, and Avenue S between the north right-of-way line of 7ch Street and the south right-of-way line of 41h Street in the Overton Addition to the City of Lubbock (1901 5ch Street) first reading). ORDINANCE NO.2004-00138 AN ORDINANCE ABANDONING AND CLOSING A 10-FOOT ALLEY AND SEVEN 20-FOOT ALLEYS LOCATED IN BLOCKS 31, 32, 33, 107, 108, 111, OVERTON ADDITION, 5TH STREET BETWEEN AVENUE R AND AVENUE T, OVERTON ADDITION, 6TH STREET BETWEEN AVENUE R AND AVENUE T, OVERTON ADDITION, AND AVENUE S BETWEEN THE NORTH RIGHT-OF-WAY LINE OF 7TH STREET AND THE SOUTH RIGHT-OF-WAY LINE OF 4TH 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. These alley and street portions in the Overton Addition are being closed as part of the McDougal North Overton redevelopment project for the new Wal-Mart. This six -block area that includes the alley and street closures is being replatted into Tract 14 and Tract 15, Overton Park Addition. Since McDougal was not the original dedicator of the street and alley areas being closed, there will be a charge for them. The total area of 51h Street, 61h Street, and Avenue S being closed is 161,300 square feet and the total area of the eight alleys being closed is 50,950 square feet. This six -block area, which will be replatted into Tracts 14 and 15, consists of approximately 61 % residential zoned properties, 30% apartment zoned properties, and 9% commercial properties. The Right -of -Way Department has come up with a value of $0.16 per square foot for the residential property, a value of $1.10 per square foot for the apartment property, and $2 per square foot for the commercial property. This equates to 61 % X 212,250 square feet (total street and alley area being closed) = 129,472.50 square feet X $00.16 per square foot = $20,715.60 for the residential zoned street and alley area, 30% X 212,250 square feet = 63,675 square feet X $1.10 per square foot = $70,042.50 for the apartment zoned street and alley area, and 9% X 212,250 = 19,102.50 square feet X $2 per square foot = $38,205 for the commercial property. Total value for the street and alley area being closed is $128,963.10. In the replat, five corner cutoffs will be dedicated containing a total of 490 square feet and these will be valued as a credit. Using $1.10 for the 490 square foot street dedications, a credit will be given of $539 for the street area dedications. Therefore, $128,963.10 minus the credit of $539 = $128,424.10 due the City. The filing of the final plat and these street and alley closures are dependent on a drainage plan for 61h Street, which is being closed in this ordinance. Also, these closure costs will be adjusted in the final plat if additional area(s) are dedicated to the public by the time of the second reading of this ordinance. FISCAL IMPACT: Revenue to the City of $128,424.10. Regular City Council Meeting November 18, 2004 Page 489 The Right -of -Way Department recommended the approval of the first reading of this ordinance. Motion was made by Council Member DeLeon, seconded by Council Member Price to pass on first reading of this item. Council Member Gilbreath stated he would like a presentation from staff on this item. Mayor Pro Tern Martin asked if the motion and second could be withdrawn, as this item needed to be discussed in Executive Session before Council takes action. Council Members DeLeon and Price withdrew their motion and second. The next items considered were Items 34-36. Item 39 was reconsidered following Item 38. Motion was made by Council Member Jones, seconded by Council Member Price to pass on first reading Ordinance No. 2004-00138 as recommended by staff. Motion carried: 4 Yeas, 1 Nay. Council Member Gilbreath voted Nay. At this time, Mayor Pro Tern Martin stated that in Item 43, Randy Henson stated staff would need new aerials. He requested that staff get cost estimates for new aerials. Deputy City Manager Adams stated he had requested that, but had not received the information. COUNCIL ADJOURNED AT 4:15. WORK SESSION This was the first item considered when City Council reconvened at 1:30 P.M. (40.) Discussion regarding the restructuring and realignment of City government. Council Member Gary Boren spoke concerning the Tech Terrace citizens meeting on Tuesday, November 16, 2004. He stated that the December 7, 2004 City Council Work Session would deal with code enforcement, code issues, and enforcements of ordinances as they relate to behavior in the neighborhood. Council Member Boren asked that the Codes Department be put under the direction of the Police Department. He stated that staff should have the initiative of urgency and as this hasn't occurred, City Council will have to deal with it. City Manager Lou Fox stated that staff would put together an action plan. He passed out an analysis prepared by Deputy City Manager Tom Adams. Council Member Price stated he had looked at ordinances used by the Metroplex area, which have shortened up a lot of time on some of the violations. He stated some of our ordinances tie our hands and these should be looked at. Council Member Boren commended Deputy City Manager Tom Adams and Stuart Walker, Manager of Business and Neighborhood Development, for their work in this area. Council Member Boren spoke concerning restructuring the Water & Sewer Department and allowing them to be a separate entity like LP&L. He asked that the Council create a study committee to study the management, organization, and structure, and advise the Council Members on how they can protect the citizens of Lubbock and the water resources. He suggested giving this committee a 60-day period to study this and bring it back to Council. City Manager Fox spoke concerning the San Antonio Water System's pluses and minuses. He stated the rates there are 1/3`a higher than EM Regular City Council Meeting November 18, 2004 Page 490 Lubbock's rates. City Manager Fox asked for time to get his "arms around this". Mayor McDougal stated Council Member Boren had requested a nine -member task force including some Water Advisory Committee members, some citizens, and some ex -City Council Members. Mayor Pro Tem Martin stated that this group should study the possibility of using the same paradigm as LP&L for our water resources. Mayor McDougal requested that Council look over the information provided and wait until the December 7, 2004 City Council Meeting to discuss this further. (41.) Presentation regarding the NTS Cable Television Franchise Agreement Application. Deputy City Manager Tom Adams introduced Mitch Elliott, Vice President of Networking with NTS. Mr. Elliott gave a presentation regarding the NTS Cable Television Franchise Agreement Application. Daniel Wheeler, General Counsel for NTS, also gave comments. Mayor Pro Tem Martin asked staff to check out if the area covered in the yellow area is covered by NTS Council Member Gilbreath asked about audit rights. Mr. Elliott stated they would welcome the City to audit every year if they wished to do so. NTS would pay for an audit every other year. Mayor McDougal asked for Cox Cable's current coverage map and build -out and information on build -out terms in other cities. He asked that this item be placed on the December 71h City Council agenda and posted for a public hearing. (42.) Presentation regarding fire ant infestations in Lubbock. Fire ant infestations have become a problem in Lubbock. The Parks and Recreation Department has begun a comprehensive treatment program to reduce the fire ant populations in the parks. A joint treatment program between the City, County and homeowners will be needed to keep fire ant populations under control. Randy Truesdell, Director of Community Services, introduced Dr. Harlan Thorvilson of Texas Tech University, Mike Quartaro, a Park Supervisor, who is responsible for the City of Lubbock's pesticide applicators, and Pat Porter with the Texas A&M Experiment Station in Lubbock. Dr. Thorvilson gave a presentation. Dr. Thorvilson is experienced in fire ant control programs and does research regarding fire ants. Dr. Thorvilson discussed the current fire ant infestations in Lubbock, the economic impact, and treatment methods. FISCAL IMPACT: It is estimated the Parks and Recreation Department will spend a minimum of $50,000 per year for fire ant control. Funds are available in the Parks pesticide supplies account. 3:40 P. M. CITY COUNCIL RECESSED 3:54 P M. CITY COUNCIL RECONVENED IN WORK SESSION Committee Room 103 All council members were present except Mayor McDougal and Council Member Boren (43.) Discussion of alternatives available regarding an annexation of an area having fewer than 100 lots with a residence on them in the area bounded by North Frankford, Ursuline, and Quaker Avenue and the Clovis Highway. Randy Henson, Senior Planner, gave a PowerPoint presentation. M Regular City Council Meeting November 18, 2004 Page 491 Burl Masters of Masters and Associates, Inc. gave comments. By City Council consensus, Mayor Pro Tern Martin directed Mr. Henson to start the process. 4:10 P. M. CITY COUNCIL REGULAR MEETING RECONVENED Committee Room 103 All council members were present except Mayor McDougal and Council Member Boren At this time, motion was made by Council Member Jones, seconded by Council Member Gilbreath to reconsider Item 38. Motion carried: 5 Yeas, 0 Nays. The next item to be reconsidered was Item 38. 4:15 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pro Tern Martin adjourned the meeting. Read and approved this' day of /. MARC MCDOUGAL, MAYOR ATTEST: ebecca Garza, City Secret 491