CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING February 9, :30 A. M.

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1 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 9th day of February, 2010, in City Council Chambers, City Hall, th Street, Lubbock, Texas at 7:30 a. m. 7:30 A.M. CITY COUNCIL CONVENED City Council Chambers, th Street, Lubbock, Texas Present: Mayor Tom Martin, Mayor Pro Tem Jim Gilbreath, Council Member Paul R. Beane, Council Member Linda DeLeon, Council Member John W. Leonard III, and Council Member Floyd Price. Absent: Council Member Todd R. Klein was away from the dais. 1. CITIZEN COMMENTS No one appeared to speak during Citizens Comments. 7:31 A.M. CITY COUNCIL RECESSED INTO EXECUTIVE SESSION 2. EXECUTIVE SESSION 2.1. Hold an executive session in accordance with Vernon's Texas Codes Annotated (V.T.C.A.) Government Code, Section , to discuss pending or contemplated litigation or settlement agreement, and hold a consultation with attorney Right-of-Way Water Utility 2.2. Hold an executive session in accordance with V.T.C.A. Government Code, Section , to deliberate the purchase, exchange, lease, or value of real property Business Development Right-of-Way Water Utility 2.3. Hold an executive session in accordance with V.T.C.A. Government Code,Section (a)(1), to discuss personnel matters and take appropriate action.

2 Regular City Council Meeting Page 2 of City Manager City Attorney City Secretary 2.4. Hold an executive session in accordance with V.T.C.A. Government Code, Section , on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss, vote and take final action on a competitive matter regarding operation, financial and capital statements and budgets, revenue and expense projections, strategic business plans, agreements, asset purchase agreements, 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 Hold an executive session in accordance with V.T.C.A. Government Code Section , 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 Hold an executive session in accordance with V.T.C.A. Government Code Section (a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to the Transportation Policy Committee of the Lubbock Metropolitan Planning Organization Hold an executive session in accordance with V.T.C.A. Government Code, Section (a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to the Zoning Board of Adjustment. 9: 19 A.M. CITY COUNCIL RECONVENED Council Chambers Present: Mayor Tom Martin; Mayor Pro Tem Jim Gilbreath; Council Member Paul R. Beane; Council Member Linda DeLeon; Council Member Todd R. Klein; Council Member John W. Leonard III; Council Member Floyd Price; Lee Ann Dumbauld, City Manager; Rebecca Garza, City Secretary; and Sam Medina, City Attorney Absent: No one

3 Regular City Council Meeting Page 3 of PROCLAMATIONS AND PRESENTATIONS 3.1. Invocation by Dr. Marcus Murphy, Pastor, Oakwood Baptist Church Dr. Marcus Murphy, Pastor of Oakwood Baptist Church, led the invocation Pledges of Allegiance Pledges of Allegiance were given in unison by those in the City Council Chambers to the United States flag and the Texas flag Presentation of a special recognition commemorating February 7-14, 2010, as Congenital Heart Defect Awareness Week. Mended Little Hearts, a group of parents whose children have been affected by congenital heart defects, appeared before Council to accept special recognition for Congenital Heart Defect Awareness Week. Heather Winn gave comments on behalf of the organization about the serious disease. Dr. James E. Harrell, MD, was also acknowledged for his work in this field. This presentation was to commemorate February 7-14 as Congenital Heart Defect Week Presentation by Gretchen Scott, Shirley Boyce, and Friends of the Lubbock Public Library of $134,295 from the proceeds of book sales and other activities Mayor Martin gave special recognition to the Friends of the Lubbock Public Library for their efforts in raising money for the library system. Gretchen Scott, President of Friends of the Lubbock Public Library, presented a check to the City of Lubbock to support and improve the library system Presentation of a special recognition to the City of Lubbock Street Department for earning the 2010 Texas Public Works Association for In- House Project of the Year Award in the Structures Category Mayor Martin gave special recognition to Marsha Reed, Chief Operating Officer; Kevin Lair, Street Superintendent; and employees of the City of Lubbock Street Department for earning the 2010 Texas Public Works Association for In-house Project of the Year Award in the Structures category. Marsha Reed gave comments Presentation of a special recognition to Frank Jackson for earning the 2010 Texas Public Works Association Field Excellence Award Frank Jackson was unable to attend. Marsha Reed, Chief Operating Officer, accepted the Field Excellence Award on his behalf Board Recognitions: Lake Alan Henry Board of Appeals Melanie Barnes (unable to attend)

4 Regular City Council Meeting Page 4 of 10 Lubbock Business Park TIF Reinvestment Zone Board of Directors Curtis Giffith Kenny McKay Chris Payen (unable to attend) David Sharbutt (unable to attend) Tony Whitehead Lubbock Housing Authority Board of Directors Mamie Young Note: Minutes, Consent Agenda, Regular Agenda, and Work Session items were addressed by Council in the following order: 7.1, 4.1, ; ; ; 5.14; 5.16; 5.19; ; 5.3; 5.7; ; 5.13; 5.15; ; 5.20; WORK SESSION/BUSINESS AGENDA 7.1. Public Works Street Department: Presentation and discussion of potholes as a result of winter weather conditions Kevin Lair, Street Superintendent, gave a presentation to address the pothole situation in Lubbock. 4. MINUTES 4.1. January 14, 2010, Regular City Council Meeting January 12, 2010, Special City Council Meeting Motion was made by Council Member Deleon, seconded by Council Member Klein to approve the January 14, 2010 Regular City Council Minutes and the January 12, 2010 Special City Council Meeting. Motion carried: 7 Ayes, 0 5. CONSENT AGENDA Motion was made by Council Member Klein, seconded by Council Member Price to approve items ; ; ; 5.14; 5.16; 5.19; and on consent agenda. Motion carried: 7 Ayes, 0

5 Regular City Council Meeting Page 5 of Budget Amendment Ordinance 2nd Reading - Finance: Ordinance No O0007 Consider Budget Ordinance 9 amending the Adopted FY Budget respecting the Grant Fund to accept and appropriate from the Texas Department of Housing and Community Affairs for the Community Services Block Grant; respecting the Capital Program by amending the North Overton Tax Increment Financing Reinvestment Zone Public Facilities Capital Project; establish Capital Improvement Project 92223, Animal Shelter Wastewater Extension; establish Capital Improvement Project 92224, Animal Shelter Water Extension; and respecting the General Fund by amending the fee schedule Contract Resolution - Community Development: Resolution No R0056 authorizing the Mayor to execute Contract with the Texas Department of Housing and Community Affairs for the Community Services Block Grant to provide assistance to reduce poverty, revitalize low-income communities, and empower low-income families and individuals to become self-sufficient Resolution - Finance: Resolution No approving the execution and delivery by Lubbock Economic Development Alliance to American State Bank a promissory note for a revolving line of credit Ordinance 2nd Reading Right-of-Way: Ordinance No O0008 Consider an ordinance abandoning and closing a 56-foot wide drainage easement located in Section 16, Block E-2, Lubbock County, Texas, 103rd Street and Savannah Avenue Ordinance 2nd Reading Right-of-Way: Ordinance No O0009 Consider an ordinance abandoning an underground utility easement in Lot C, Blankenship No. 2 Addition, to the City, 3rd Street and Boston Avenue Contract Resolution - Right-of-Way: Resolution No R0058 authorizing the Mayor to execute Contract 9422 with R. S. Conner for the acquisition of a permanent 60-foot wide pipeline easement and a 60-foot wide temporary construction easement for the construction of the Lake Ordinance 2nd Reading - Planning: Ordinance No O0011 ZONE CASE NO (north of 106th Street west of Upland Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc., (for Experience Life Church) for a zoning change from Transitional to High- Density Apartment District on 20 acres of unplatted land out of Block AK, Section 23, and to consider an ordinance.

6 Regular City Council Meeting Page 6 of Ordinance 2nd Reading - Planning: Ordinance No O0012 ZONE CASE 2904-B (Marsha Sharp Freeway access road and Boston Avenue): Hold a public hearing to consider request of TAO Development Group, LLC, (for R&N Investments II, LLC) for a zoning change from Central Business District CB-2 Specific Use to Interstate Highway Commercial District Specific Use on acres of unplatted land out of Block A, Section 20 and to amend a site plan, and to consider an ordinance Ordinance 2nd Reading - Planning: Ordinance No O0013 ZONE CASE NO C (east of Boston Avenue on Marsha Sharp Freeway access road): Hold a public hearing to consider a request of TAO Development Group, LLC (for R&N Investments II, LLC) for a zoning change from Central Business District CB-2 Specific Use to High-Rise Apartment District Specific Use on 3.65 acres of unplatted land out of Block A, Section 20, and to consider an ordinance Contract Resolution Parks and Recreation: Resolution No R0059 authorizing the Mayor to execute Contract 9404 with Cutting Edge Companies for the application of pre-emergent liquid herbicide and postemergent liquid herbicide on various parkland properties, BID DT Contract Resolution - Community Development: Resolution No R0060 authorizing the Mayor to execute a Community Development Funding Contract with the South Plains Association of Governments to fund Information and Referral Program to conduct information and referral services for Lubbock County residents, and to produce and update the Information and Referral Guide Contract Resolution - Fleet: Resolution No R0061 and Resolution No R0062 authorizing the Mayor to execute purchase order Contract with Sam Pack's Five Star Ford for police sedans and purchase order Contract with Philpott Motors for cargo vans, BID RH Contract Resolution - Fleet: Resolution No R0063 authorizing the Mayor to execute purchase order Contract with Bee Equipment Sales for two Asphalt Drum Rollers for the Street Department Contract Resolution - Radio Shop: Resolution No authorizing the Mayor to execute purchase order Contract with Dailey Wells, Inc., for the installation of software and firmware at the City's primary radio site Contract Resolution - Police: Resolution No R0065 authorizing the Mayor to execute Contract 9402 with Wild West Harley-Davidson for the lease of police motorcycles.

7 Regular City Council Meeting Page 7 of 10 Note: Regular Agenda Items and Consent Agenda Items moved to Regular Agenda are listed in the order they were addressed: 5.3; 5.7; ; 5.15; ; 5.20; REGULAR AGENDA 5.3. Contract Resolution - Finance: Resolution No R0066 authorizing the Mayor to execute a financing agreement with the Texas Water Development Board to fund the Lake Alan Henry Pipeline Construction Project. Andy Burcham, Chief Financial Officer, gave comments and answered questions from Council. Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Klein to approve Resolution No R0066. Motion carried: 7 Ayes, Ordinance 2nd Reading - Planning: Ordinance No O0010 ZONE CASE NO J (north of North Loop 289 west of Slide Road): Hold a public hearing to consider request of Hugo Reed and Associates, Inc., (for North Park Lubbock Development) for a zoning change from General Retail District and High-Density Apartment District to Interstate Highway Zoning District on 41.5 acres of unplatted land out of Block JS, Section 1, and to consider an ordinance. Price to approve Ordinance No O0010. Motion carried: 6 Ayes, 0 Council Member Leonard recused Contract Resolution - Parks and Recreation: Resolution No R0067 ratifying Job Order Contract P-015-NJPA with Talon/LPE for restroom installation at Fiesta Plaza. Victor Kilman, Director of Purchasing and Contract Management, and Randy Truesdell, Director of Parks and Recreation, gave comments and answered questions from Council. Klein to approve Resolution No R0067. Motion carried: 5 Ayes, 2 Council Members Beane and Leonard voted Nay Contract Resolution - Parks and Recreation: Resolution No R0068 authorizing the Mayor to execute a purchase order Contract with CXT, Inc., Precast Products Division, for a restroom building.

8 Regular City Council Meeting Page 8 of 10 Victor Kilman, Director of Purchasing and Contract Management, and Randy Truesdell, Director of Parks and Recreation, gave comments and answered questions from Council. Klein to approve Resolution No R0068. Motion carried: 5 Ayes, 2 Council Members Beane and Leonard voted Nay Contract Resolution - Parks and Recreation: Resolution No R0069 ratifying Job Order Contract P-021-NJPA with Talon/LPE for backflow assembly conversions at municipal facilities. Klein to approve Resolution No R0069. Motion carried: 7 Ayes, Contract Resolution - Parks and Recreation: Resolution No R0070 authorizing the Mayor to execute Contract 9405 with Circle R Lawn and Sprinkler for the application of Fertilizer on various parkland properties, BID DT. Randy Truesdell, Director of Parks and Recreation, gave comments and answered questions from Council. Klein to approve Resolution No R0070. Motion carried: 7 Ayes, Contract Resolution - Community Development: Resolution No R0071 authorizing the Mayor to execute a Community Development Funding Contract with Catholic Family Services to provide assistance to transition families out of poverty through the Community Service Block Grant for the Self-Sufficiency Program. Bill Howerton, Community Development Director, gave comments and answered questions from Council. Klein to approve Resolution No R0071. Motion carried: 7 Ayes, Contract Resolution - Facility Maintenance: Resolution No R0072 authorizing the Mayor to execute job order Contract F-022-NJPA with Talon for the demolition of Godeke Library. Leonard to approve Resolution No R0072. Motion carried: 7 Ayes, 0

9 Regular City Council Meeting Page 9 of Contract Resolution - Fleet: Resolution No. s: 2010-R0073; 2010-R0074; 2010-R0075; 2010-R0076; 2010-R0077; 2010-R0078; 2010-R0079 authorizing the Mayor to execute Contract 9408 with Bolton Oil Company, Contract 9410 with Pollard Ford, Contract 9409 with Express Car Care, Contract 9412 with Rapid Oil Change, Contract 9411 with Williams Brake and Tune, Contract 9406 with Dalton's Automotive, and Contract 9407 with Scott's Complete Car Care for light duty vehicle oil and lube services, BID RH. Leslie Cox, Director of Telecom and Fleet Operations Information Technology, and Victor Kilman, Director of Purchasing and Contract Management, gave comments and answered questions from Council. Leonard to approve Resolution No. s: 2010-R0073; 2010-R0074; R0075; 2010-R0076; 2010-R0077; 2010-R0078; and 2010-R0079. Motion carried: 5 Ayes, 2 Council Members Klein and Price voted Nay Public Hearing 9:30 - Business Development : Hold a Public Hearing for the City Council to receive public comment on the proposed amendments to the North Overton Tax Increment Financing Reinvestment Zone Fourth Amended Project Plan and Fourth Amended Finance Plan. Mayor Martin opened the Public Hearing at 10:27 a.m. No one appeared to speak in favor or in opposition. Mayor Martin closed the Public Hearing at 10:27 a.m Ordinance 1st Reading - Business Development: Ordinance No O0014 approving the Fifth Amended North Overton 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. Price to approve Ordinance No RO0014. Motion carried: 6 Ayes, 0 Council member Leonard was away from the dias Contract Resolution - LP&L, Solid Waste, Storm Water, Wastewater, and Water Utility: Resolution No R0080 approving the Statement of Work with Ventyx, Inc., as previously approved by the Electric Utility Board, for the migration of the Utility Billing and Payment System. Price to approve Resolution No R0080. Motion carried: 7 Ayes, 0

10 Regular City Council Meeting Page 10 of Board Appointment - City Secretary: Consider one appointment to the Transportation Policy Committee of the Lubbock Metropolitan Planning Organization. Motion was made by Council Member Leonard, seconded by Council Member Price to appoint Council Member Beane to the Lubbock Metropolitan Planning Organization. Motion carried: 7 Ayes, Board Appointments - City Secretary: Consider one appointment to the Zoning Board of Adjustment. Motion was made by Council Member Leonard, seconded by Council Member Price to appoint Lynn Jackson to the Zoning Board of Adjustment. Motion carried: 7 Ayes, Election Ordinance 1st Reading - City Secretary: Ordinance No O0015 ordering the 2010 Regular Municipal Election of the City of Lubbock to be held May 8, Price to approve Ordinance No O0015. Motion carried: 7 Ayes, 0 10: 29 A.M. CITY COUNCIL RECESSED INTO EXECUTIVE 1:08 P. M. CITY COUNCIL ADJORNED There being no further business to come before Council, Mayor Pro Tem Gilbreath adjourned the meeting.

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