CITY of LUBBOCK REGULAR CITY COUNCIL MEETING June 9, 2005 7:30 A
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CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING June 9, 2005 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 9th day of June, 2005, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:34 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas 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 Absent: No one CITIZEN COMMENTS Two citizens expressed comments to the Council. They were: Myrtle McDonald gave comments to Council regarding Item 44 on today’s agenda by requesting it be moved from Consent Agenda to Regular Agenda and considered separately. Council informed her that Item 44 was not part of Consent Agenda and would be considered separately. Johnnie Jones gave comments to Council regarding Item 32A on today’s agenda by requesting it be moved from Consent Agenda to Regular Agenda and considered separately. She is the spouse of a City of Lubbock employee and is concerned about the proposed changes to the City’s insurance plan. 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.” 7:40 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager’s Conference Room Regular City Council Meeting June 9, 2005 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 (Health Department; Planning & 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 ( Parks and Recreation). ( 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 deliberate, vote and take final action on 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. 9:34 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal; Council Member Gary O. Boren; Council Member Linda DeLeon; Council Member Phyllis Jones; Council Member Floyd Price; Quincy White, Assistant City Manager; Linda Chamales, Supervising Attorney; and Rebecca Garza, City Secretary Absent: Mayor Pro Tem Tom Martin; Council Member Jim Gilbreath; Lou Fox, City Manager; Anita Burgess, City Attorney Mayor McDougal called the meeting to order at 9:34 A. M. Invocation by Pastor Merle Fulmer, Lakeridge Baptist Church. 2 Regular City Council Meeting June 9, 2005 Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: Carla Moran Building Board of Appeals Receiving: Phil Kerr Kelby Sue (Unable to attend) Citizens Traffic Commission Receiving: Ronnie Sowell (Unable to attend) Libraries Board Receiving: Ralph Shelton Neighborhood Redevelopment Commission Receiving: Stewart Townsen Park & Recreation Board Receiving: Sandy Baker Randy Carman Permit & License Appeal Board Receiving: John Hart CITIZEN APPEARANCES ( 5.) Presentation of a Special Recognition to Sydney Webster for winning the title 2005 Intermediate Miss Majorette of the Southwest. This item was deleted. ( 6.) Presentation of a Proclamation naming the month of June, National Safety Month. Council Member DeLeon read a proclamation from the Mayor declaring the month of June as National Safety Awareness Month to promote on- the-job and off-the-job safety and health. The South Plains Chapter of the American Society of Safety Engineers is urging businesses of all sizes to set high standards of safety within their organization. This year’s National Safety Month theme is “safety where we live, work, and play”. The Mayor encouraged all citizens of Lubbock to join in helping assure the Lubbock citizens take preventive measures against disabling injuries. Those accepting the presentation were Renee Witherspoon, Environmental 3 Regular City Council Meeting June 9, 2005 Compliance Specialist with the City of Lubbock; Nick Mills, Occupational Safety Manager at Texas Tech University Health Sciences Center and also President of the South Plains Chapter of the American Society of Safety Engineers; and, Paul Cotter, Unit Manager of Environmental Health and Safety at Texas Tech University. Ms. Witherspoon gave comments. ( 7.) Presentation of a Special Recognition to Estacado High School students who built the rocket that broke the sound barrier. Council Member Price joined Council Member DeLeon as she read a special recognition from the Mayor and Council Members to honor the Estacado High School students who built the rocket that broke the sound barrier. On May 22, 2005, the MACH rocket crew and the CanSat crew, comprised of Estacado High School students launched Matador-I, a 10-foot solid propellant rocket that was designed and created by the students with a goal of breaking the sound barrier. The instrumentation payload on Matador-I confirmed that the sound barrier was broken as the rocket traveled more than 13,500 feet into the sky and reached a speed of nearly 760 miles-per-hour in less than 30 seconds. The students were the first High School team in the United States. Along with the students, those present from Estacado High School accepting the recognition were Greg Burnham, Engineer Teacher; Lynn Bryant, Teaching Assistant in the Engineering Department; Stacy Watson, Magnet Specialist; and, John Gatica, Assistant Principal. Representing the Texas Tech University Engineering Department was Dean Fontenot, Senior Director of the Engineering Outreach and Literacy Program, and John Chandler, Director of the Center for Engineering Outreach. CONSENT AGENDA (Items 8, 10-15, 20-22, 25, 27-30, 33-36) Motion was made by Council Member Boren, seconded by Council Member Price to approve Items 8, 10-15, 20-22, 25, 27-30, 33-36 on consent agenda as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor Pro Tem Martin and Council Member Gilbreath were away from the dais. ( 8.) Approval of Minutes: May 26, 2005 Regular City Council Meeting ( 9.) Deleted. 4 Regular City Council Meeting June 9, 2005 (10.) ORDINANCE NO. 2005-O0055 - ZONE CASE NO. 3036 (southeast corner of Glenna Goodacre Boulevard and University Avenue): Consider the request of Hugo Reed and Associates, Inc. (for Malouf Interests) for a zoning change from C-3 and R-3 to CB-2 Specific Use on a 1 acre tract of land out of Section 2, Block O (including Lots 8, 9, 10, 11, and 12, Block 129 Overton Addition) (Planning) (second and final reading) . (11.) ORDINANCE NO. 2005-O0056 - ZONE CASE NO. 3037 (7440 19th Street): Consider the request of Celeste Patterson for a zoning change from R-1 to IHI for a plumbing, heating, refrigeration, or air- conditioning business on Lot 1, Block 2, Brown Crest Addition (Planning) (second and final reading). (12.) ORDINANCE NO. 2005-O0057 - ZONE CASE NO. 1758-F (west of Slide Road, south of 54th Street): Consider the request of Gerald Long (for Buslon, Inc.) for a zoning change from C-2 and C-3 to C-3 for a shopping center on Lots 109-115, Buster Long Addition (Planning) (second and final reading). (13.) ORDINANCE NO. 2005-O0058 - ZONE CASE NO. 2126-E (5402 54th Street): Consider the request of CMS Property for a zoning change from A-2 to C-A on 14.357 acres of unplatted land out of Section 28, Block E-2 (Planning) (second and final reading). (14.) ORDINANCE NO. 2005-O0059 - ZONE CASE NO. 2573-H (west of North Winston Avenue, north of North Loop 289): Consider the request of Ken Flagg and Sid Shavor (for I & S Investment Group LLP) for a zoning change from C-3 to A-M Specific for a hotel on 1.849 acres of unplatted land out of Section 22, Block A (Planning) (second and final reading). (15.) ORDINANCE NO. 2005-O0060 - ZONE CASE NO. 3038 (7902 Oak Ridge Avenue): Consider the request of John David Nelson (for Lubbock Heating & Air Conditioning) for a zoning change from T to IHI limited to plumbing, heating, refrigeration, or air conditioning business (including manufacturing of duct insulation applicator) and all unconditionally permitted IHC uses on Tract 2A, Southwest Acres Addition (not recorded) (Planning) (second and final reading). (16.) Deleted. (17.) Deleted. 5 Regular City Council Meeting June 9, 2005 (18.) Consider an ordinance authorizing the issuance of City of Lubbock, Texas General Obligation Refunding Bonds, Series 2005 in an amount not to exceed $95,000,000; Providing for the award and sale thereof in accordance with specified parameters; Levying a tax in payment thereof; Prescribing the form of said bonds; Approving execution and delivery of an escrow agreement and a bond purchase agreement; Approving the official statement; Enacting other provisions relating to the subject; And Declaring an effective date (Finance) (first and only reading) .