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Home My WebLink AboutMinutes - City Council - Regular - 1/12/2007CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JANUARY 12, 2007 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 12th day of January, 2007, in the City Council Chambers, first floor, City Ha11,1625 13th Street, Lubbock, Texas at 7:30 A. M. � 7:33 A.M. CITY COUNCIL CONVENED City Council Chambers,162513th Street, Lubbock, Texas Present: Mayor David A. Miller, Mayor Pro Tem Jim Gilbreath, Council Member Gary O. Boren, Council Member Linda DeLeon, Council Member Phyllis Jones, Council Member John Leonard, Council Member Floyd Price Absent: No one (Council Member DeLeon arrived at 7:45 a.m.) 1. CITIZEN COMMENTS 1.1. Mark Stripling, Pastor of Grace Assembly of God will appear before the City Council to discuss continuance of water service to the church located at 1114 84th Street. Pastor Stripling addressed Council regarding the Grace Assembly of God church being without water because the owners of the old KAMC-28 building had the meter removed. Anita Burgess, City Attorney, and Tom Adams, Deputy City Manager/Water Utilities Director, answered questions from Council. Consensus from Council was to temporarily fix the problem by placing a water meter on the church property until annexation or another �--A alternative can take place. • Lloyd Headrick, a local realtor, addressed Council regarding an area of town located in the vicinity of 65th Drive to 66th Street, between Avenue Q and University Avenue. His concern was the amount of crime, drugs, and prostitution taking place in that area. He would like to reactivate the Task Force (Fire, Police, Codes), and for staff to possibly monitor the area for code violations, hoping this will help get the area cleaned up. At this time, consent agenda Item 5.7 was considered. 5.7. Certificates of Obligation Bonds Issuance Ordinance lst and Only Reading - Finance: Ordinance No. 2007-00001 providing for the issuance of City of Lubbock, Texas, Tax and Waterworks System Surplus Revenue Certificates of Obligation, Series 2007; Levying a tax and pledging surplus waterworks system revenues in payment thereof; approving the official statement; approving execution of a purchase contract; and enacting other provisions relating thereto. On December 7, 2006, the City Council approved the first step in the issuance process of City of Lubbock, Texas, Tax and Waterworks System Surplus Revenue Certificates of Obligation, Series 2007. Resolution #2006-R0587, dated December 7, 2006, approved and authorized publication of a notice of intention to issue the certificates of obligation. The resolution also „� incorporated language to allow the reimbursement of bond-funded construction costs expected to be incurred prior to the bond issuance. At the Council meeting on December 7, 2006, Council also approved Advance Funding Agreement Resolution #2006-R0586, which authorized the Mayor to execute the agreement with the Texas Department of Transportation (TxDOT) for the completion of Phase 3B of the Marsha Sharp Freeway. The State has communicated to the City that the City's participation, as a result of that agreement, will expedite the completion of the Marsha Sharp Freeway by providing TxDOT the remaining funds needed to bid Phase 3B of the project. Regular City Council Meeting January 12, 2007 Upon approval of this ordinance, the City will sell these certificates on a negotiated basis. On January 11, 2007, the City and RBC Capital Markets, the City's Financial Advisor, will negotiate a purchase price for the certificates with the City's chosen underwriters (Morgan Keegan & Company, Inc., as senior manager, and M. E. Allison & Co., Inc., Southwest Securities, and Popular Securities, Inc.). Senate Bill 1759 of the 77th Legislative Session amends Subchapter B, Chapter 1201, of the Texas Government Code under Section 1201.028(3) allowing the authorization of a public security with only one reading of the ordinance. Therefore, this will be the only reading of this ordinance that authorizes the issuance of these certificates. The ordinance excludes certain information that is unknown as of the printing of the backup material. Examples of this information include: annual principal and interest amounts and maturity dates. After negotiations, the information will be completed and a revised ordinance will be made available to City Council. FISCAL IMPACT The City will pay TxDOT $12.5 million on January 22, 2007, and the remaining $12.5 million on January 22, 2008. T'he City's financial advisor has recommended that the entire $25 million be issued at this time, and deposit $12.5 million amount that is due in 2008 in an interest bearing escrow account. The interest earnings rate will be fixed at the same interest rate that is paid on the bonds. Therefore, the interest expense on that portion of the obligations will be offset by the interest earnings on those bonds. By doing this, the City will lock in today's interest rates on the debt and avoid additional bond issuance costs by avoiding a second issuance. The annual debt service on this issuance, estimated $1.95 million, will be paid from the Gateway Streets Fund. Staff recommended approval of the first and only reading of this ordinance. Jeff Yates, Chief Financial Officer, and Lee Ann Dumbauld, City Manager, gave comments and answered questions from Council. Motion was made by Council Member Leonard, seconded by Council Member Jones to pass on first and only reading Ordinance No. 2006-O0001 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 2. EXECUTIVE SESSION Mayor Miller 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 matters; competitive matters of the public power utility; and, commercial or financial informaHon that the governmental body has received from a business prospect with which the governmental body is conducting economic development negoNations, as provided by Subchapter p of Chapter 551 of the Government Code, the Open Meetings Law." 7:52 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council Conference Room All council members were present. 2.1. I3old an executive session in accordance with V.T.C.A. Government Code, Section 551.071, to discuss pending or contemplated litigation or settlement agreement, and hold a consultation with attorney (Cable UtiliNes - NTS, Codes, Environmental Compliance, Police, Right-of-Way, Solid Waste, Streets, Water Utilities). 2.2. 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 (Visitors Center, Water Utilities). 2.3. 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. 2 Regular City Council Meeting January 12, 2007 � � � 2.4. Hold an executive session Code, Section 551.086, on Utilities): in accordance with V.T.C.A. Government the following competirive matters (Electric 2.4.1 to deliberate, vote and take fmal action on electric rates of Lubbock Power and Light; 2.4.2 to discuss, 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; 2.4.3 to discuss and deliberate a competidve 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. 2.5. I3old 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 hody is conducting economic development negotiations (Business Development). 9:40 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor David A. Miller; Mayor Pro Tem Jim Gilbreath; Council Member Gary O. Boren; Council Member Linda DeLeon; Council Member Phyllis Jones; Council Member John Leonard; Council Member Floyd Price; Lee Ann Dumbauld, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: No one Mayor Miller reconvened the meeting at 9:40 a.m. 3. PROCLAMATIONS AND PRESENTATIONS Note: Items are 6sted in the order they were considered. 3.1. Invocadon by Father Martin Pina, St. Joseph's Church. 3.2. Pledge of Allegiance to the Flags. Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. 3.4. Presentation by Patty Vannoy and members of the Downtown, Monterey and Caprock Chapters of the AMBUC's for support of the HUB City Playground. Jim Berrier, Leslie Cox, and Alison Chapa, representatives from AMBUC's, joined Patty Vannoy in presenting a check to assist the City of Lubbock Parks and Recreation Department in building the HUB City Playground. Ms. Vannoy gave comments. 3.3. Presentation by Patty Vannoy and representatives of the Board of the Lubbock Challenger Little League for support of the Challenger Little League Field. Jeff Gibson and Alison Chapa, representatives of the Board of the Lubbock Challenger Little League, joined Patty Vannoy in presenting a check to the City of Lubbock Parks and Recreation Department in support of the Challenger Little League Field. Mr. Gibson gave comments. 3.5. Special recognition honoring City Bank for being selected as one of the "Best Companies to Work for in Texas". Mike Liner, President of City Bank, joined Mayor Miller as he presented recognition to City Bank for being selected as one of the "Best Companies to 3 Regular City Council Meeting January 12, 2007 Work for in Texas". Accompanying Mr. Liner were Cory Newsom, Sue Ann Thompson, and Sandra Wallace. Mr. Liner gave comments. 3.6. Special recognition honoring United Supermarkets as one of the "Best Companies to Work for in Texas" for the second consecutive year. Eddie Owens, Director of Communications at United Supermarkets, joined Mayor Miller as he presented special recognition to United Supermarkets for being selected as one of the "Best Companies to Work for in Texas". Accompanying Mr. Owens were Matt Bumstead and Phil Pirkle. 3.7. Board Recognition Animal Shelter Advisory Committee: Todd HIein Libraries Board: Pamela Casto Junked Vehicle Compliance Board: Brent Stewart Planning & Zoning Commission: Shirley Schleuse Henry Lozada Structural Standards Commission: Mike Arnold (unable to attend) Michael Martin (unable to attend) Jimmy Pharr (unable to attend) Robert Rodriguez unable to attend) Water Board of Appeals; Dewey Shroyer 4. MINUTES 4.1. Approval of prior meeting minutes: Regular City Council Meeting, December 7, 2006 Motion was made by Council Member Price, seconded by Council Member Gilbreath to approve the minutes of the Regular City Council Meeting of December 7, 2006 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5. CONSENT AGENDA (Items 5.1-5.6, 5.8, 5.10-5.12, 5.15-5.17, 5.19-5.2'n Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Price to approve Items 5.1-5.6, 5.8, 5.10-5.12, 5.15-5.17, 5.19-5.27) on consent agenda as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.1. Municipal Settings Designation Ordinance 2nd Reading - Environmental Compliance: Ordinance No. 2006-00133 Consider an ordinance providing for a Municipal Settings Designation as authorized by the Texas Legislature as an alternative means for addressing groundwater contamination when potable water supplies are available. ORDINANCE NO. 2006-00133 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY AMENDING ARTICLE V, BY ADDING SECTIONS 28-171 THROUGH SECTION 28-180 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK ESTABLISHING THE PROCEDURE FOR MUNICIPAL SETTING DESIGNATIONS; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Historical plumes of contaminated groundwater lie beneath many industrial and commercial properties. In some cases, it is difficult to tell the point or points of origination or exact identities of parties who should be responsible for environmental remediation because the contaminants have migrated across property lines and have even mixed with other plumes. These problems often prevent the use and redevelopment of property, because even though the water is not used for consumption, returning the groundwater to compliance with drinking water standards would be prohibitively costly. The Texas legislature n � Regular City Council Meeting January 12, 2007 addressed this problem in 2003 by authorizing the Texas Commission on Environmental Quality (TCEQ) to work with local governments to create procedural ordinances termed "Municipal Settings Designations" (MSDs) that allow special dispensation for areas served by community water systems. Costs for environmental investigations and remediation are significantly reduced for urban properties that qualify for MSD status, encouraging restoration and revitalization of the local property tax base as the properties are subsequently redeveloped. Under MSD status, only the groundwater consumption exposure pathway requirements are relaxed because the consumption pathway is eliminated. MSD status does not eliminate the requirement to address other exposure pathways such as contact, inhalation and impact to ecological receptors. Specific criteria must be met in order for properties to qualify for MSD status: • An alternate potable water source, such as a municipal water supply, must be available. • A legal description of the outer boundaries of the MSD must be established. • A local procedural ordinance or restrictive covenant enforceable by the municipality prohibiting potable use of groundwater within one-half mile of the boundaries of the designated area must be approved by the local city council. • Cities, utilities, and private water well owners found to be within five miles of the area proposed for designation must be identified and notified. • Cities and retail public utilities have veto power over proposed MSDs, and each MSD must be supported by the city council in order to qualify. • A properly completed application including legal description, use restrictions, proof of notice and a$1,000 state filing fee must be submitted to and subsequently approved by the Executive Director of the TCEQ. "�'"' The attached draft ordinance incorporates a public hearing. If adopted, the ordinance will provide a mechanism for private and public owners of contaminated properties to reduce or avoid costs for investigation and remediation of groundwater that is not utilized as a drinking water resource, provided that Council subsequently supports each individual designation by way of a resolution. Again, the City and retail public utilities have veto power. The ordinance has been reviewed by and has received preliminary approval from the TCEQ. The ordinance provides public protection from dangers associated with consumption of contaminated groundwater, encourages appropriate use and redevelopment of property, avoids waste of monetary resources for remediation of non-essential groundwater and enhances the local property tax base. FISCAL IMPACT A fee payable to the City in the amount of $2,000 is specified for each application. Staff anticipates from two to six applications per year, generating $4,000 to $12,000 of revenue to the General Fund. Staff recommended approval of the second reading of this ordinance. 5.2. Board Ordinance 2nd Reading - Electric Utility: Ordinance No. 2006-00135 Consider an ordinance amending Sections 2-480, 2-482, 2-484, and 2-485 of Chapter 2, Article XVIII of the Code of Ordinances outlining the duties and responsibilities of the Electric Utility Board, and providing for the disbursement of revenues of the City's electric utility. ORDINANCE NO. 2006-00135 AN ORDINANCE AMENDING ARTICLE XVIII OF CHAPTER 2 OF THE CODE OF ORDINANCES, OUTLINING THE DUTIES AND RESPONSIBILITIES OF THE ELECTRIC UTILITY BOARD; PROVIDING FOR THE DISBURSEMENT OF REVENUES OF THE CITY'S ELECTRIC UTILITY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. �� Regular City Council Meeting January 12, 2007 Chapter 1, Article XII, Section 1 of the City Charter establishes and outlines certain responsibilities and duties of the Electric Utility Board. On December 16, 2004, the City Council passed Ordinance Number 2004-O0140, amending Sections 2-479 through 2-485 of Chapter 2, Article XVIII of the Code of Ordinances detailing the duties and responsibilities of the Electric Utility Board and detailing the procedure for disbursing net revenues of the City's municipally owned electric utility. The Electric Utility Board has requested that the City Council amend certain portions of the above described ordinance. FISCAL IMPACT The fiscal impact for FY 2006-07 will be $1 million in the form of a rebate to LP&L's electric customers. Required reserves are being reduced from six months to five months, which will impact future years. The amount of reserves is variable but the reduction from six months to five months for FY 2006-07 would be on the order of $11 million. The reduction in required reserves will allow LP&L to begin making franchise payments to the General Fund sooner. Overall, the financial situation of both the City and LP&L aze strengthened by the ordinance change. 5.3. North Overton Tax Increment Financing Reinvestment Zone Fourth Amended Project Plan and Fourth Amended Finance Plan Ordinance 2nd Reading - Business Development: Ordinance No. 2006-00136 Consider an ordinance approving the North Overton Tax Increment Finance Reinvestment Zone Fourth Amended Project Plan and Fourth Amended Finance Plan as adopted by the Board of Directors of the North Overton Tax Increment Financing Reinvestment Zone. ORDINANCE NO. 2006-00136 AN ORDINANCE APPROVING THE FOURTH 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. Based on current sales and construction activity in Overton Park, the McDougal Companies have increased their projections of the scope of the new construction projects. With this new information, the members of the North Overton Tax Increment Financing Reinvestment Zone (TIRZ) Board approved the Fourth Amended Project Plan and the Fourth Amended Finance Plan at their meeting on November 20, 2006. Changes included in the North Overton Tax Increment Financing Fourth Amended Project Plan and Fourth Amended Finance Plan: • Increase in total estimated assessed value from $445 million to $530.5 million based on new estimates on development in Overton Park • Increase in total estimated tax increment over the life of the TIRZ from $89 million to $108.9 million. • Total estimated Phase I project cost increased from $28.965 million to $41.721 million due to new projects added and increased cost of construction on existing projects. FISCAL IMPACT These public improvements will be paid out of bonds issued and revenues collected by the North Overton Tax Increment Finance Reinvestment Zone. The amended Capital Improvement Program will have its first reading at the January 12, 2007 City Council meeting. The North Overton Tax Increment Financing Reinveshnent Zone Board and staff recommended approval of the second reading of this ordinance. � Regular City Council Meeting January 12, 2007 5.4. Central Business District Tax Increment Financing Reinvestment Zone 2nd Amended Project Plan and Finance Plan Ordinance 2nd Reading - Business Development: Ordinance No. 2006-00137 Consider an ordinance approving the Central Business District Tax Increment Finance Reinvestment Zone Second Amended Project Plan and Second Amended Finance Plan as adopted by the Board of Directors of the Central Business District Tax Increment Financing Reinvestment Zone. ORDINANCE NO. 2006-00137 '�""'" AN ORDINANCE APPROVING THE SECOND 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. Based on new estimates of revenues for the Central Business District Tax Increment Financing Reinvestment Zone (TIRZ), the Board of the Central Business District T� Increment Financing Reinvestment Zone adopted the Second Amended Finance Plan and Second Amended Project Plan at their November 14, 2006, meeting. Changes included in the Central Business District Second Amended Project Plan and Second Amended Finance Plan: • Increase in total estimated assessed value from $207 million to $228.8 million based on the revision of the projections for the TIRZ. • Increase in total estimated tax increment over the life of the TIRZ from $8.357 million to $10.405 million. • Total estimated project cost increased from $8.357 million to $10.405 million based on the new projections of revenue for the TIRZ. • The statute requires that the project plan include the cost of administering ""�" the TIRZ, so $300,000 was added to the plan for administrative costs for the life of the TIRZ. • Total project costs revised to match total projected revenue. FISCAL IMPACT These public improvements will be paid out of revenues collected by the Central Business District Tax Increment Finance Reinvestment Zone. The Central Business District T� Increment Finance Reinvestment Zone Board and staff recommended approval of the second reading of this ordinance. 5.5. Right-of-Way Ordinance lst Reading - Right-of-Way: Ordinance No. 2007-00002 abandoning and closing a 696.90 square foot street remnant cul-de-sac being a portion of 70th Street, cul-de-sac located at 1001 70th Street. ORDINANCE NO. 2007-00002 AN ORDINANCE ABANDONING AND CLOSING A 696.90 SQ. FT. TRACT OF LAND BEING A PORTION OF 70TH STREET LOCATED IN SECTION 5, BLOCK E, 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 PUBLICATON. This ordinance abandons and closes a 696.90 squaze foot street remnant cul- de-sac that is a part of 70th Street and that was never closed when the street was constructed. T'his tract of land is being platted, so the street remnant cul- de-sac needs to be closed. Since the requestor of this closure is not the original person who dedicated the street area being closed, there will be a charge for the closure. The total street area being closed is 696.90 square feet. The Right of Way Department has determined a value of $1.10 per square foot, based on 7 Regular City Council Meeting January 12, 2007 adjacent property land values, for the cost of closing the street area. The total cost of the street closure will be $767. The Street Engineering Department, Texas Department of Transportation, and all utility companies are in agreement with closing this street. FISCAL IMPACT A total of $767 of estimated revenue to the General Fund is anticipated. Staffrecommended approval of the first reading of this ordinance. 5.6. Right-of-Way Ordinance lst Reading - Right-of-Way: Ordinance No. 2007-00003 abandoning and closing a portion of a 20-foot drainage, underground utility and garbage service easement located in Section 27, Block AK, Lubbock County, Texas, located in the 8400 Block of Milwaukee Avenue. ORDINANCE NO. 2007-00003 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20- FOOT DRAINAGE, UNDERGROUND UTILITY, AND GARBAGE SERVICE EASEMENT LOCATED IN SECTION 27, BLOCK AK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a portion of a 20-foot drainage, underground utility and gaxbage service easement in Section 27, Block AK, which is located south of 82nd Street and just west of Milwaukee Avenue. This easement was dedicated with the Monterey Addition plat and is no longer needed due to a proposed change in the plat. A new plat for Monterey Addition Lots 929-1064 will be filed with this easement closure that will replace the easement with streets and alleys. Stormwater Engineering and all utility companies are in agreement with this closure. FISCAL IMPACT No fiscal impact anticipated. Staff recommended approval of the first reading of this ordinance. 5.7. This item was considered earlier following Citizen Comments 5.8. Master Lease Resolution - Finance: Resolution No. 2007-R0001 approving equipment to be purchased as part of the Master Lease program for FY 2006-07. RESOLUTION NO. 2007-R0001 WHEREAS, the City Council of the City of Lubbock, pursuant to that certain Resolution No. 2006-R0614 (the "Original Resolution"), dated December 19, 2006, authorized and approved the equipment and property to be purchased as part of the City of Lubbock's Master Lease Program budgeted for the FY 2006-07 Operating Budget, as described therein; WHEREAS, it has come to the attention of the City Council of the City of Lubbock that, in addition to the property described in the Original Resolution, additional property and equipment than that described in the Original Resolution is now in need of being purchased as part of the City of Lubbock's Master Lease Program for the FY 2006- 07 Operating Budget; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the equipment and property described on Exhibit "A", attached hereto and made a part hereof for all purposes and intents, shall be added to the property and equipment to be purchased as part of the Master Lease Program budgeted for the FY 2006-07 Operating Budget, and the Original Resolution shall be amended to reflect such addition. Except as otherwise amended herein, the Original Resolution shall remain valid and effective as originally provided. �; Regular City Council Meeting January 12, 2007 Passed by the City Council this 12th day of January, 2007. Is/David A. Miller DAVID A. MILLER, MAYOR ATTEST: Is/Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: IslJeffrev A. Yates Jef&ey A. Yates, Chief Financial Officer APPROVED AS TO FORM: Is/Richard K. Casner Richard K. Casner, First Assistant City Attorney The Master Lease payments were approved in the FY 2006-07 Operating Budget. Equipment listed in Exhibit "A" of the resolution will be financed through the Master Lease agreement with Banc of America. The Master Lease Program allows the City to amortize the cost of the equipment over the life of the equipment at a favorable interest rate. FISCAL IMPACT The lease payments are included in the Adopted FY 2006-07 Operating Budget �, Staff recommended approval of this resolution. 5.9. This item was moved from consent agenda to regular agenda and considered following Item 5.27. 5.10. Contract Resolution - Fleet Services: Resolution No. 2007-R0002 authorizing the Mayor to execute a Letter of Agreement with Benton Oil Company for gasoline and diesel automated fuel service, BID 06-084-MA. RESOLUTION NO. 2007-R0002 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Letter Agreement and any associated documents with Benton Oil Company of Lubbock, Texas, for the purchase of gasoline and diesel fuel automated services — annual pricing (ITB 06-084-MA), which Letter Agreement and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 12th day of January, 2007. 9 Regular City Council Meeting January 12, 2007 /s/ David A. Miller DAVID A. MILLER, MAYOR I:r111M�.�I lA /s/ Tommy Combs for Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Marta Alvarez for Victor Kilman Victor Kilman, Director of Purchasing and Contract Management APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, Attorney of Counsel This bid establishes firm annual pricing for unleaded gasoline and diesel fuel used in City motor vehicles and other equipment. Annual average usage for unleaded gasoline is 189,000 gallons and approximately 28,000 gallons for diesel fuel from automated satellite fuel sites, which are accessible with fuel cards for City vehicles that require fuel access 24/7. The contract term is one- year and may be renewed for up to two additional one-year periods under the same terms and conditions. Bids for unleaded gasoline and diesel fuel are expressed as a fixed amount, or adder, over the daily rack price. The rack price is the price paid at the point where tanker trucks load their fuel from a distribution terminal's loading rack. Ten local businesses were notified of the Invitation to Bid. FISCAL IMPACT While the amount paid is based on usage, in the FY 2006-07 Adopted Operating Budget, $3,312,494 was appropriated in various deparhnents for the purchase of motor vehicle fuel. Staff recommended bid award to Benton Oil Company of Lubbock, Texas. 5.11. Contract Resolution - Fleet Services: Resolution No. 2007-R0003 authorizing the Mayor to execute a Letter of Agreement with Rip Griffin Truck Service Center for gasoline and diesel bulk fuel, BID 06-085-MA. RESOLUTION NO. 2007-R0003 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Letter Agreement and any associated documents with Rip Griffin Truck Service Center, LP, of Lubbock, Texas, for the purchase of gasoline and diesel fuel automated services — annual pricing (ITB 06-085-MA), which Letter Agreement and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 12th day of January, 2007. U 10 Regular City Council Meeting January 12, 2007 /s/ David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Tommy Combs for Rebecca Garza, City Secretary APPROVED AS TO CONTENT: � /s/ Marta Alvarez for Victor Kilman � Victor Kilman, Director of Purchasing and Contract Management APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, Attorney of Counsel Tfiis bid establishes firm pricing for bulk fuel and the transportation of bulk fuel to City fueling sites. Annual average usage for bulk unleaded gasoline is 676,500 gallons and approximately 762,500 gallons for bulk diesel fuel. The bid includes a keyed monitoring and fuel dispensing system for the Lubbock Land Application sites located in Lubbock and Wilson, Texas. The contract term is one-year and may be renewed for up to two additional one-year periods under the same terms and conditions. Bids for unleaded gasoline and diesel fuel are expressed as a fixed amount, or adder, over the daily rack price. The rack price is the price paid at the point where tanker trucks load their fuel from a distribution terminal's loading rack. FISCAL IMPACT �.,, While the amount paid is based on usage, in the FY 2006-07 Adopted Operating Budget, $3,312,494 was appropriated in various deparhnents for the purchase of motor vehicle fuel. Staff recommended bid award to Rip Griffin Truck Service Center, LP of Lubbock, Texas. 5.12. Contract Resolution - City Manager's Of�ce: Resolution No. 2007-R0004 authorizing the Mayor to execute a professional services agreement with The Waters Consulting Group, Inc. to assist with the recruitment and selection process for the Fire Chief position. RESOLUTION NO. R0004 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute an Agreement by and between the City of Lubbock and The Waters Consulting Group, Inc., of Dallas, Texas, for professional services with regard to selection of applicants for the position of fire chief of the City of Lubbock, which Agreement and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 12TH day of January, 2007. � I� Regular City Council Meeting January 12, 2007 /s/ David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Lee Ann Dumbald Lee Ann Dumbauld, City Manager APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, Attorney of Counsel In order to recruit a highly experienced and motivated individual to serve as Fire Chief, staff recommended retaining a nationally recognized executive search firm to assist with the recruitment and selection process to help attract qualified candidates who have the skills, abilities, and knowledge required for the position. The Waters Consulting Group of Dallas, Texas offers comprehensive approaches to candidate recruitment, selection, and evaluation. Chris Hartung has extensive experience in the human resources field and will serve as the lead consultant. FISCAL IMPACT The contract amount is $19,500 for professional services plus reimbursement for all project related expenses, excluding candidate travel, not to exceed $10,000. The funding for this search will come from vacancy savings in the Fire Chief s position. Staff recommended approval of this resolution. 5.13. This item was moved from consent agenda to regular agenda and considered following Item 5.9. 5.14. This item was moved from consent agenda to regular agenda and considered following Item 5.13. 5.15. Contract Resolution - Airport: Resolution No. 2007-R0005 authorizing the Mayor to execute a Certificated Passenger Airline Operating Agreement and Terminal Building Lease with Southwest Airlines Company. RESOLUTION NO. 2007-0005 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 Certificated Passenger Airline Operating Agreement and Terminal Building Lease, by and between the City of Lubbock and Southwest Airlines, Co., and related documentso 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 City Council. Passed by the City Council this 12�' day of January, 2007. 12 Regular City Council Meeting January 12, 2007 /s/ David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Tomm Combs for Rebecca Garza, City Secretary APPROVED AS TO CONTENT: � Isl James W. Loomis � James Loomis, Assistant City Manager Transportation and Public Works APPROVED AS TO FORM: Is/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section This item is a result of contract negotiations that began in January 2006 with the three airlines currently serving Lubbock Preston Smith International Airport. Once executed, this agreement becomes effective October 1, 2006, for a five-yeaz term. The airlines will be back billed for any amount due under the new rate structure. The following is an outline of the new rate structure compared to the former agreement. Former Agreement Rates: � Terminal Rate: Landing Fee: Security Police: Jetbridge Use: Trash Compactor: Dump Station: $16.78 per sq. ft. per year $0.80 per 1,000 of maximum gross landed weight $0.25 per enplaned passenger $10 per arrival $100 per month $30 per month Extraordinary Electricity Usage Operations Cost Center 4616: Non-Signatory Landing Fee: The New Agreement Rates: $610,650 (FY Budget 2005-06) $1 Contracted Airlines Non-Signatory Terminal Rate Landing Fee October l, 2006 October 1, 2007 October 1, 2008 October 1, 2009 October 1, 2010 $20.74 $1.00 $21.36 $1.03 $22.52 $1.12 $23.19 $1.16 $23.$9 $1.19 Landing Fee $1.25 $1.29 $1.40 $1.45 $1.49 Operations Cost Center 4616: $632,380 (FY Budget 2006-07) Extraordinary Electricity Usage During the negotiation process, Airport staff eliminated some of the ancillary charges to the airlines and covered the expenses through the terminal rate and landing fee rate. FISCAL IMPACT The fiscal impact will be an increase of Airport revenue. The actual amount is difficult to determine due to changes that can occur in the airline industry. During the first year, it is estimated that the new agreements with all three airlines will bring approximately $172,000 in additional revenue. The Air Freight Companies pay 125% of the airline landing fee and will generate approximately $44,000 in additional revenue for the first year. The landing fee revenue will fluctuate dependent upon the number of airplanes that land and the size and weight of aircraft used. �� Regular City Council Meeting January 12, 2007 The Airport Board and staff recommended approval of this resolution. 5.16. Contract Resolution - Airport: Resolution No. 2007-R0006 authorizing the Mayor to execute a Certificated Passenger Airline Operating Agreement and Terminal Building Lease with ExpressJet Airlines, Inc. RESOLUTION NO. 2007-R0006 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 Certificated Passenger Airline Operating Agreement and Terminal Building Lease, by and between the City of Lubbock and ExpressJet, Inc., and 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 City Council. Passed by the City Council this 12TH day of January, 2007. /s/ David A. Miller DAVID A. MILLER, MAYOR AT'TEST: /s/ Tommv Combs for Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James E. Loomis James Loomis, Assistant City Manager Transportation and Public Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section This item is a result of contract negotiations that began in January 2006 with the three airlines currently serving Lubbock Preston Smith International Airport. Once executed, this agreement becomes effective October 1, 2006, for a five-year term. The airlines will be back billed for any amount due under the new rate structure. The following is an outline of the new rate structure compared to the former agreement. Former Agreement Rates: Terminal Rate: $16.78 per sq. ft. per year Landing Fee: $0.80 per 1,000 of maximum gross landed weight Security Police: $0.25 per enplaned passenger Jetbridge Use: $10 per arrival Trash Compactor: $100 per month Dump Station: $30 per month Extraordinary Electricity Usage Operations Cost Center 4616: Non-Signatory Landing Fee: The New Agreement Rates: October 1, 2006 October 1, 2007 October 1, 2008 October 1, 2009 October l, 2010 $610,650 (FY Budget 2005-06) $1 Contracted Airlines Terminal Rate Landing Fee $20.74 $1.00 $21.36 $1.03 $22.52 $1.12 $23.19 $1.16 $23.89 $1.19 Non-Signatory Landing Fee $1.25 $1.29 $1.40 $1.45 $1.49 14 Regulaz City Council Meeting January 12, 2007 Operations Cost Center 4616: $632,380 (FY Budget 2006-07) Extraordinary Electricity Usage During the negotiation process, Airport staff eliminated some of the ancillary charges to the airlines and covered the expenses through the terminal rate and landing fee rate. FISCAL IMPACT The fiscal impact will be an increase of Airport revenue. The actual amount is �, difficult to determine due to changes that can occur in the airline industry. During the first year, it is estimated that the new agreement will bring approximately $172,000 in additional revenue. The Air Freight Companies pay 125% of the airline landing fee and will generate approximately $44,000 in additional revenue for the first year. The landing fee revenue can fluctuate depending on the number of airplanes that land and the size and weight of aircraft used. The Airport Board and staff recommended approval of this resolution. 5.17. Contract Resolution - Public Works: Resolution No. 2007-R0007 authorizing the Mayor to execute a contract with West Texas Paving for the construction of Overton Park Paving and Storm Sewer Improvements, RFP 06-731-BM. RESOLUTION NO. 2007-R0007 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with West Texas Paving, Inc., of Lubbock, Texas, for Overton Park Paving and Storm Sewer Improvements (RFP #06-731-BM), a copy of which Contract and any associated documents are attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in "�" detail. Passed by the City Council this 12TH day of January, 2007. Isf David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis Assistant City Manager for Transportation and Public Works APPROVED AS TO FORM: /s/ Don Vandiver "�' Donald G. Vandiver, Attorney of Counsel This project involves paving 9th Street from Avenue V to Avenue R witln storm sewer from Avenue S to Avenue R and widening of Avenue U from Main Street to north of 9th Street. Texas Local Government Code Section 252.043(d-1) provides that a contract for certain types of construction projects that require an expenditure of $1.5 million or less may be awarded using the competitive sealed proposal procedure prescribed by Section 271.116 of the Texas Local Government Code. Using the competitive sealed proposal procedure is intended to help 15 Regular City Council Meeting January I2, 2007 local governments attract contractors who otherwise may have not had an interest in participating on the basis of low bid and gives the City the ability to bring the project within budget with the contractor who offers the best value. This is compared to a competitive sealed bid procedure that limits the City to basing contract award on the lowest bid, which may be over budget requiring staff to either search for additional funds or start the bid process all over. Texas Local Government Code Section 271.116( fl requires the City to select the offeror that offers the best value based on the published selection criteria and on its ranking evaluation. In determining the best value, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City must, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rej ected. Time for completion is 120 days and liquidated damages are $110 per business day. FISCAL IMPACT A total of $1.8 million was appropriated with $1.4 million available in Capital Improvement Project 91070, Overton Park Paving and Storm Sewer Improvements. Staff recommended bid award to West Texas Paving of Lubbock, Texas for $686,547. This recommendation has been reviewed by Business Development. 5.18. This item was moved from consent agenda to regular agenda and considered following Item 5.14. 5.19. Contract Amendment Resolution - Business Development: ResoluNon No. 2007-R0008 authorizing the Mayor to execute a second amendment to the Master Development Agreement with Garfield Traub Development, LLC regarding the design and construction of a full service hotel and conference/civic center to be located in Overton Park. RESOLUTION NO. 2007-R0008 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tem of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a 2nd Amendment to the Master Development Agreement with Overton Park Hotel, LP and Garfield Traub Development LLC. Said Amendment 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 12`� day of January, 2007. U 16 Regular City Council Meeting January 12, 2007 /sl David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Tommy Combs for Rebecca Garza, City Secretary APPROVED AS TO CONTENT: �` Isl Rob Allison Rob Allison, Assistant City Manager Business Developrnent APPROVED AS TO FORM: Isl Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section On February 24, 2006, the City Council approved a Resolution executing a Master Development Agreement (MDA) with Garfield Traub Development (GTD) to design and construct an upscale full service hotel and conference/civic center on tract #7 in Overton Park. The City has agreed to participate in the funding of the conference/civic center. The Agreement defines the responsibilities of GTD, Hotel owners, and the City. In addition, this Agreement identifies the scope of the hotel and conference/civic center, the intended reciprocal leases between both parties and the term of the leases. Since the date of this Agreement, the scope of the project has increased substantially. The new budgeted cost of the project is $59,960,000 and includes an additional 30 rooms. In addition, the floor plan of the conference �.,, center, which includes support functions, has increased from approximately � 30,000 square feet to approximately 50,000 square feet. The hotel owners have agreed to charge a Conference Center User Fee (or a similarly named fee) to all hotel guests equal to one-percent of their total daily room charge for a period of twenty years from the date of opening of the hotel. This fee will be paid on a quarterly basis to the City to help amortize the municipal bonds or other obligations issued to finance construction of the conference center. Staff believes that this project will further the growth of the City, facilitate the redevelopment of the TIF District, increase the tax base, foster increased economic activity and employment opportunities within the City, and otherwise be in the best interests of the City by providing additional facilities for the promotion of tourism and conventions. The amended portions of this amended agreement include increasing the commitment of the City's participation from $8.4 million to $11.4 million for the design and construction of the conference/civic center. Additionally, this agreement describes the commitment of the hotel ownership to pay the City an amount equal to one-percent of their total daily room charge for a period of twenty years from the date of opening of the hotel. FISCAL IMPACT The financial commitment by the City will be $11.4 million for the conference/civic center public facility. The intent is to issue municipal bonds � with the debt service being covered through revenues received from the TIF and a portion of the Hotel Motel tax collected from the hotel property. Staff recommended the approval of this resolution. 17 Regular City Council Meeting January 12, 2007 5.20. Contract Amendment Resolution - Public Works: Resolution No. 2007-R0009 authorizing the Mayor to execute Change Order No. 1 to the contract with West Texas Paving for the lOth Street Project in the Overton Park redevelopment area. RESOLUTION NO. 2007-R0009 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 Change Order No. 1 for West Texas Paving Contract #6574 for Project #91070 in Overton Park redevelopment area. Said Change Order is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of January, 2007. /s/ David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Tommv Combs for Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Yearwood — Acting Citv Mana eg r Rob Allison, Assistant City Manager Development Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Unplanned water utility conflicts have caused many of the contracted paving improvements to be indefinitely suspended. Due to these conflicts, this change order removes paving Mac Davis Lane and Avenue V and adds street parking along Mac Davis Lane and Avenue V, street construction along 7th Street from Avenue U to Avenue V, paving Avenues R, S, and T from 7th Street to Glenna Goodacre Boulevard. FISCAL IMPACT The original contract was $609,569. Change Order #1 reduces this contract amount to $506,845. Staff recommended approval of this resolution. 5.21. Contract Amendment Resolution - Airport: Resolution No. 2007-R0010 authorizing the Mayor to execute Amendment #7 to the services agreement with Parkhill Smith & Cooper for the Upgrade Flight Information Display System project. RESOLUTION NO. 2007-R0010 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment No. 7 to agreement between the City of Lubbock and Parkhill, Smith & Cooper for architecture/engineering services for Upgrade Flight Information Display System (FIDS) Project, and all related documents. Said Amendment 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 12�' day of January 2007. �:3 Regular City Council Meeting January 12, 2007 /s/ David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Tommy Combs for Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis, Assistant City Manager Transportation and Public Works AFPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section T'his amendment modifies the original engineering agreement with Parkhill, Smith & Cooper (PSC) to add engineering services for the upgrade of the Flight Information Display System (FIDS) at the airport. The existing Airport FIDS in the terminal has become obsolete and is in need of replacement. This system provides flight information on arrivals and departures at the Airport to travelers throughout the terminal building. Many of the video monitors have either failed or are not legible. T'he upgraded FIDS will improve the ability for the airlines to enter their flight information and improve the visual dissemination of flight data to passengers. FISCAL IMPACT The engineering services associated with this project will be funded by � passenger facility charges (PFC). The fee for these services is $34,050 and will be paid from Capital Improvement Project 91110, Replace FIDS System. T'he Airport Board and staff recommended approval of this resolutiori. 5.22. Contract Amendment Resolution - Airport: Resolution No. 2007-R0011 authorizing the Mayor to execute Amendment #8 to the agreement with Parkhill Smith & Cooper for the �eld Pavement Analysis project. RESOLUTION NO. 2007-R0011 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment No. 8 to the agreement between the City of Lubbock and Parkhill, Smith & Cooper for engineering services on the Airfield Pavement Analysis Project, and all related documents. Said Amendment 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 12�' day of January, 2007. � 19 Regular City Council Meeting January 12, 2007 /s/ David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Tommv Combs for Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis, Assistant City Manager Transportation and Public Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section This amendment modifies the original engineering agreement with Parkhill, Smith & Cooper (PSC) and the Lubbock Preston Smith International Airport to add engineering services for conducting an analysis of the airfield pavements at the Airport. The Airport is required by the FAA as part of the federal grant assurances to perform an airfield pavement analysis. The Airport must update the pavement analysis regularly to track the condition of the pavement and use the analysis for scheduling maintenance or rehabilitation to maximize the life of the pavement. FISCAL IMPACT $91,000 is appropriated in Capital Improvement Project #8060, Airfield Pavement Analysis for this project. The Airport Board and staff recommended approval of this resolution. 5.23. Contract Amendment Resolution - Airport: Resolution No. 2007-R0012 authorizing the Mayor to execute Amendment #9 to the agreement with Parkhill Smith & Cooper for the Entrance Road Repaving and Signage Improvement project. RESOLUTION NO. 2007-R0012 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment No. 9 to the agreement between the City of Lubbock and Parkhill, Smith & Cooper for engineering services for the entrance road repaving and signage project, and all related documents. Said Amendment 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 12�' day of January, 2007. u 2� Regular City Council Meeting January 12, 2007 /sl David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Tommv Combs for Rebecca Garza, City Secretary '�" APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis, Assistant City Manager Transportation and Public Works APPROVED AS TO FORM: 1s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section This amendment modifies the original engineering agreement with Parkhill, Smith & Cooper (PSC) to add engineering design and construction phase services for the rehabilitation of Martin Luther King Boulevard (aka Terminal Drive) north of Regis Street and the replacement of informational signage that directs Airport users around the perimeter of the Airport. The Airport entrance road is steadily deteriorating from the elements and is in need of rehabilitation and repair. The informational signs located on Airport property are several years old, faded, and are difficult to read. This project will enhance the safety of the Airport by providing clear, legible signage and a �, smooth, safe driving surface for Airport users. FISCAL IMPACT $2,125,000 is appropriated in Capital Improvement Project #91109, Roadway and Signage Improvements for this project. The fees for this service will be $288,600. The Airport Board and staff recommended approval of this resolution. 5.24. Contract Amendment Resolution - Airport: Resolution No. 2007-R0013 authorizing the Mayor to approve Amendment #2 to the agreement with Parkhill Smith & Cooper for the Talciway Lima project. RESOLUTION NO. 2007-R0013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment No. 2 tot the agreement between the City of Lubbock and Parkhill, Smith & Cooper for engineering services on the Taxiway Lima Project, and all related documents. Said Amendment t 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 12`� day of January 2007. 21 Regular City Council Meeting January 12, 2007 /s/ David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Tomm Combs for Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis, Assistant City Manager Transportation and Public Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section This amendment modifies the original agreement with Parkhill, Smith & Cooper for engineering services for construction/extension of taxiway Lima at the Lubbock Preston Smith International Airport. During construction of the taxiway Lima project, site conditions created a need for additional soil testing over and above the original scope to ensure that all aspects of the project meet FAA specifications. In addition, the reconstruction of taxiway Juliet east of runway 17R/35L uncovered extensive soil moisture damage in the pavement subgrade requiring full depth reconstruction of this portion of pavement. Additional testing was required on the subgrade layers. FISCAL IMPACT $11,449,299 is appropriated in Capital Improvement Project #90351, Extend Taxiway Lima North. The original project testing budget of $159,500 was exceeded by $33,961. This amendment will increase the surveying and testing services for this project to $193,461. The increase in engineering fees will be offset by a change order to the construction contract reducing the contract by $37,307 for a quantities adjustment. The total appropriation in the project will be unchanged. The Airport Board and staff recommended approval of this resolution. 5.25. Contract Amendment Resolution - Airport: Resolution No. 2007-R0014 authorizing the Mayor to execute Change Order #1 to the agreement with Duininck Brothers, Inc. for the construction and extension of the Taxiway Lima Project. RESOLUTION NO. 2007-R0014 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Change Order No. 1 to Contract #0S-061- BM entered into by and between the City of Lubbock and Duininck Brothers, Inc., for a cost reduction in the Taxiway Lima project at Preston Smith International Airport, which Change Order No. 1 and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 12TH day of January, 2007. 22 Regular City Council Meeting January 12, 2007 /s/ David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Tommv Combs for Rebecca Garza, City Secretary APPROVED AS TO CONTENT: � /s/ James W. Loomis James Loomis Assistant City Manager/Transportation and Public Works APPROVED AS TO FORM: /s/ Don Vandriver Don Vandiver, Attorney of Counsel The construction and extension of Taxiway Lima has been completed. The only outstanding item is for the contractor to come back in the spring of 2007 and re-seed some grass areas that failed to develop an acceptable stand of grass. The re-seeding will be at no additional cost to the project. This final change order reflects the project analysis of actual constructed quantities compared to the original bid quantities contained in the plans and specifications. This analysis has documented a credit to the project of $37,307. FISCAL IMPACT This change order documents a credit to the original contract of $37,307 and �,,, reduces the contract value by that amount in Capital Improvement Project 90351, Extend Taxiway Lima Northbound. Airport staff has reviewed these quotes and are recommending approval of this change order. 5.26. Application Amendment Resolution - Airport: Resolution No. 2007-0015 authorizing the Mayor to execute the amendment to the Passenger Facility Charge application 04-OS-C-OI-LBB. RESOLUTION NO. 2007-R0015 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 to direct the Director of Aviation on behalf of the City of Lubbock, to amend a Passenger Facility Charge Application 04-0S-C-0I-LBB to the Federal Aviation Administration and all related documents, increasing the Impose and Use Authority by $517,000.00 due to higher than anticipated construction costs. Passed by the City Council this 12`� day of January, 2007. 23 Regular City Council Meeting January 12, 2007 /s/ David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis, Assistant City Manager Transportation and Public Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section Passenger Facility Charge (PFC) Application 04-0S-C-0I-LBB will be amended to reflect budget changes to project 5-5, Upgrade Access Control/CCTV project. The amendment increases the Impose and Use Authority by $517,000 from $4,763,392 to $5,280,392. The action to amend the PFC collection amount is due to higher than anticipated construction costs. During the design phase, it was found that additional equipment for the access control and CCTV systems is needed to provide the proper communications between access points and the central control office. Additionally, it was determined that additional CCTV cameras are needed for the exterior of the terminal building to provide adequate visual control of access points onto the airport operations area. These changes along with increased construction costs account for the difference in the proposed PFC budget and the actual bid amount. FISCAL IMPACT The financial impact of the amendment will be a$517,000 increase to the PFC Application. The Airport Board and staffrecommended approval of this resolution. 5.27. Highway Improvements Ratification Resolution - Public Works: Resolution No. 2007-R0016 ratifying, adopting, and confirming the execution of the plans by the Mayor for the highway improvements on U.S. 82 from Chicago Avenue to west of Salem Avenue. RESOLUTION NO. 2007-R0016 WHEREAS, pursuant to that certain "Plans of Proposed State Highway Improvement", U.S. 82 from Chicago Avenue to West of Salem Avenue, Lubbock County, U.S. 82, Federal Project, CSJ: 0380-01-062, (the "Plans"), the State of Texas provided Notice to the City of Lubbock of the planned construction of certain highway improvements within the boundaries of the City of Lubbock, as described therein; WHEREAS, the Mayor of the City of Lubbock has previously executed the Plans, as concurring thereto; WHEREAS, the City of Lubbock now desires to ratify the execution of the Plans by the Mayor; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 24 Regular City Council Meeting January 12, 2007 THAT the City Council of the City of Lubbock hereby finds it to be in the best interest of the citizens of the City of Lubbock to ratify, adopt and confirm the execution of the Plans by the Mayor of the City of Lubbock, and hereby adopts, confirms and ratifies, the execution, as a concurrence, of the Plans of the Mayor of the City of Lubbock, the same as if the City Council of the City of Lubbock had executed the Plans as of the day executed thereof by the Mayor of the City of Lubbock. Passed by the City Council this 12�' day of January, 2007. r�.; /s/ David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Tommv Combs for Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ L Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Richard �asner Richard K. Casner, First Assistant City Attorney THAT the City Council of the City of Lubbock hereby finds it to be in the best interest of the citizens of the City of Lubbock to ratify, adopt and confirm the execution of the Plans by the Mayor of the City of Lubbock, and hereby adopts, confirms and ratifies, the execution, as a concurrence, of the Plans of the Mayor of the City of Lubbock, the same as if the City Council of the City of Lubbock "�'' had executed the Plans as of the day executed thereof by the Mayor of the City of Lubbock. The Texas Department of Transportation (TxDOT) routinely asks for the Mayor of the City of Lubbock to sign the cover sheet of any proposed highway improvement project, indicating concurrence with the project, for planned improvements within the City. This plan cover sheet is for U.S. 82 from Chicago Avenue to west of Salem Avenue, also known as Phase 3-B of tr�e Marsha Sharp Freeway project. The Mayor has previously signed this cover sheet of the plans, at the request of TxDOT. This resolution ratifies the signature of the Mayor, on behalf of the action of the City Council. FISCAL IMPACT No fiscal impact anticipated. Staff recommended approval of this resolution. 5.28. Lease Agreement Resolution - Health Benefits: Consider a resolution authorizing the Mayor to execute an agreement with Covenant Health System to lease a health clinic facility located at 3620 I-27, Lubbock, � Texas, to be used for the City of Lubbock On-site Clinic. This item was deleted. 6. REGULAR AGENDA Note: Regular Agenda items and Consent Agenda items moved to Regular Agenda are listed in the order they were addressed (Items 5.9, 5.13-5.14, 5.18, 6.1-6.13). 25 Regular City Council Meeting January 12, 2007 5.9. Cultural Arts Grant Recommendation Resolution - Civic Center: Resolution No. 2007-R0017 approving recommendation from the Cultural Arts Grant Review Committee and Civic Lubbock, Inc. Board of Directors for the second of two grant periods for the 2006 Cultural Arts Grant Program using Hotel Occupancy Tax funds collected during F'Y 2004-05. RESOLUTION NO. 2007-R0417 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 approves on behalf of the City of Lubbock, that Civic Lubbock, Inc., award all of the second period grants for 2006 recommended by the Cultural Arts Grants Review Committee. The letter from Civic Lubbock, Inc., requesting approval of the second period grants 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 12thday of January, 2007. /s/ David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Tommv Combs for Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Freddv Chavez Freddy Chavez, Director of Civic Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney Office Practice Section On April 13, 2006, the Lubbock City Council approved an agreement with Civic Lubbock, Inc. to administer the City of Lubbock's Cultural Arts Grant Program and to pay Civic Lubbock, Inc. $164,523 to be used for this program. The term of the agreement commenced on April 13, 2006 and continues without interruption until March 31, 2007. The agreement stipulated that funds are to be used in making grant awards to cultural arts organizations for the encouragement, promotion, improvement, and application of the arts and the promotion of tourism in the Lubbock community. The funds represent 5.71429% of the hotel/motel tax collected during FY 2004-05. Civic Lubbock, Inc. elected to absorb any administrative expense in administering this program; therefore, the entire allocation of $164,523 was available for the two granting periods in 2006. In reviewing requests and developing funding recommendations for each application, the Cultural Arts Grants Review Committee followed the guidelines that were approved as part of the April 13, 2006, agreement. A Grant Workshop was held on November 2, 2006, for all organizations wanting to apply for a Cultural Arts Grant. Workshop presenters included representatives from the Lubbock Convention and Visitors Bureau, the Lubbock Hotel Motel Association, and the City Attorney's office. Fourteen applications were received by the December 1, 2006, deadline. The Cultural Arts Grant Review Committee met on December 5, 2006, and after a thorough review and evaluation of the applications, 14 were recommended for partial funding. The Cultural Arts Grant Review Committee, comprised of appointments by City Council and representatives of the Civic Lubbock, Inc. Board of Directors, submitted their grant awazd recommendations to the full Civic 26 Regular City Council Meeting January 12, 2007 Lubbock, Inc. Board at their December 12 meeting and the recommendations were approved as presented. These recommendations are now being presented to City Council for approval. The Cultural Arts Grant Review Committee and the Civic Lubbock, Inc. Board of Directors are requesting City Council approval of $78,723 in grant awards for the secor_d of two granting periods of the 2006 Cultural A.rts Grant Program. This amount is the remaining balance of the Hotel Occupancy Tax allocated pursuant to the contract for the 2006 Program after the deduction of � the first grant (June 2006) funding cycle. Provided is a listing of the recommendations and detailed support and comments from the Cultural Arts Grant Review Committee. FISCAL IMPACT No fiscal impact anticipated. The Cultural Arts Grant Review Committee and the Civic Lubbock, Inc. Board of Directors recommended approval of this resolution. Dan Burns, Chairman of the Civic Lubbock, Inc. Board of Directors, gave comments and answered questions from Council. Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Price to pass Resolution No. 2006-R0017 as recommended by staff. Motion carried: 6 Ayes, 0 Nays. Council Member Jones recused herself. 5.13. Contract Resolution - Parks and Recreation: Resolution No. 2007-R0018 authorizing the Mayor to execute a Construction Manager at Risk contract with Lee Lewis Construction, Inc. for the construction of Phase One of the Youth Sports Facility, RFP 07-700-BM. RESOLUTION NO. 2007-R0018 � BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and Lee Lewis Construction, Inc., of Lubbock, Texas, for construction manager services for Phase I, Youth Sports Facility (RFP #07-700- BM), which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 12�' day of January , 2007. /s/ David A. Miller DAVID A. MILLER, MAYOR G�Mll�•yl� /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: � /s/ Scott Snider Scott Snider, Assistant City Manager/Community Services APPROVED AS TO FORM: Is� Don Vandiver Don Vandiver, Attorney of Counsel 27 Regular City Council Meeting January 12, 2007 This project involves the construction of Phase One of the Youth Sports Facility on the northeast corner of the FM 1585 and Milwaukee Avenue intersection located in Lubbock County, Texas. The work will include the construction of parking lots, driveways, 12 softball fields, 4 baseball fields, and associated support buildings and infrastructure. Subchapter H, Section 271 of the Local Government Code provides for alternative project delivery methods for certain projects during the November 7, 2006, City Council meeting, City Council approved use of the Construction Manager at Risk delivery method for the Lubbock Youth Sports Complex as the alternative project delivery method that provides the best value for the City. . Selection criteria published in the RFP included: Respondent's statement of qualifications and availability to undertake the project (3%) Respondent's ability to provide construction management services (5%) Qualifications of Construction Manager at Risk Team (6%) Respondent's past performance on representative CM-R projects (8%) Respondent's past perforrnance on City of Lubbock projects (8%) Respondent's ability to establish budgets and control costs on past projects �9%) Respondent's ability to meet schedules on past projects (9%) Respondent's knowledge of current conshuction methodologies, technologies, and Best Practices (3%) Respondent's ability to identify and resolve problems on past projects (3%) Respondent's Pre-construction Phase Services and Project Execution Plan for this Project (7%) Respondent's Construction Phase Services and Project Execution Plan for this Project (7%) Respondents estimating and cost control measures for this project (7%) Respondents project planning and scheduling for this project (3%0) Respondent's quality control and commissioning program for this project (3%) Respondent's general understanding of the City of Lubbock's CM-R agreement (2%) Respondent's job site safety program for this project (3%) Respondent's warranty and service support program for this project (3%) Respondent's pricing and delivery proposal (9%) Execution of offer (2%) Lee Lewis Construction, Inc. of Lubbock, Texas and Landscapes Unlimited, LLC of Lincoln, Nebraska submitted proposals for this project. Lee Lewis, Inc. submitted a Pre-Construction Phase Fee of $0.00, an Estimated Construction Fee of $426,800, and a General Conditions Cost of $554,840. Landscapes Unlimited, LLC submitted a Pre-Construction Phase Fee of $57,180, an Estimated Construction Phase fee of $530,641, and a General Conditions Cost of $963,463.33. The proposals were evaluated and ranked in relation to the criteria published in the Request for Proposals. Committee evaluation scores are summarized as follows: Lee Lewis, Inc. of Lubbock, Texas - 449 points. Landscapes Unlimited, LLC of Lincoln Nebraska - 312 points. � Regular City Council Meeting January 12, 2007 The evaluation committee recommended contracting with the highest-ranking respondent, which is Lee Lewis, Inc. of Lubbock, Texas. Upon approval of the Construction Manager at Risk contract, the Construction Manager at Risk will develop the Guaranteed Maximum Price for the project. The Construction Manager at Risk must publicly advertise and receive bids or proposals from trade contractors or subcontractors for the performance of all major elements of the work. The minor work may be included in general conditions. The Construction Manager at Risk may seek to perform portions � of the work if the Construction Manager at Risk submits its bid or proposal for those portions of the work in the same manner as all other trade contractors or subcontractors and if the City determines that the Construction Manager at Risk's bid or proposal provides the best value for the City. FISCAL IMPACT $12,730,381 is appropriated in Capital Improvement Project #91197, Youth Sports Complex Phase I for the construction of this project. Staff recommended contract award to Lee Lewis, Inc. of Lubbock, Texas for $981,640. Lee Ann Dumbauld, City Manager, and Victor Kilman, Director of General Services, gave comments and answered questions from Council. Motion was made by Council Member Boren, seconded by Council Member Jones to pass Resolution No. 2006-R0018 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.14. Contract Resoludon - Facilities Management: Resolution No. 2007-R0019 authorizing the Mayor to execute a contract with Stiles, Wallace & Associates to serve as the City's architect representative for the Animal Shelter & Adoption Center design-build project. RESOLUTION NO. 2007-R0019 � 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 Professional Services Agreement and any associated documents by and between the City of Lubbock and Stiles, Wallace & Associates of Lubbock, Texas, to serve as the City's representative for construction of a new animal shelter facility using the design-build method of construction, which 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 12�' day of January 2007. /s/ David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Tommv Combs for Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Yearwood "'""" Mark Yearwood Chief Information Officer/Assistant City Manager APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, Attorney of Counsel The City is in the process of soliciting statements of qualifications and proposals for the design-build of a new Animal Shelter and Adoption Center. Chapter 271.119(b), Texas Local Government Code, requires the City to select or designate an engineer or architect independent of the design-build 29 Regular City Council Meeting January 12, 2007 firm to act as its representative for the duration of the work on the facility. The purpose of this contract is to engage Stiles, Wallace & Associates to serve as the City's representative for the project. Stiles, Wallace & Associates will be responsible for review determination of all design elements from the design-build firm's engineers or architects before or concurrently with construction. Stiles, Wallace & Associates was selected on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. FISCAL IMPACT $1,045,000 is appropriated in Capital Improvement Project #91158, Animal Shelter Facility. Additional funding may be needed for this project pending the results of the Request for Proposal for the design-build. Should additional funding be needed, a request will be made via budget amendment at that time. The fee for professional services is two-percent of total cost of construction. If no suitable design-build proposals are received, no expenditures will be made on this contract. Staff recommended approval of this resolution. Lee Ann Dumbauld, City Manager, and Scott Snider, Assistant City Manager, gave comments and answered questions from Council. Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Price to pass Resolution No. 2006-R0019 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5.18. Contract Resolution - Public Works: Resolution No. 2007-R0020 authorizing the Mayor to execute a contract with West Texas Paving, Inc. for the construction of an entrance road to City of Lubbock Cemetery, RFP 06-728-DD. RESOLUTION NO. 2007-R0020 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and West Texas Paving, Inc., of Lubbock, Texas, for the City Cemetery Entrance Road project (ITB #06-728-DD), which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes, Passed by the City Council this 12`� day of January , 2007. /s/ David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ James W. Loomis James Loomis Assistant City Manager for Transportation and Public Works APPROVED AS TO FORM: /s/ Don Vandiver Donald G. Vandiver, Attorney of Counsel As part of the new mausoleum being constructed at the City of Lubbock, a new entrance road on the east side of the cemetery was approved for 30 Regular City Council Meeting January 12, 2007 construction. The new entrance road will provide access to the cemetery and the mausoleum from the Canyon Lakes Road. � Grl�� Texas Local Government Code Section 252.043(d-1) provides that a contract for certain types of construction projects that require an expenditure of $1.5 million or less may be awarded using the competitive sealed proposal procedure prescribed by Section 271.116 of the Texas Local Government Code. Using the competitive sealed proposal procedure is intended to help local governments ariract contractors who otherwise may have not had an interest in participating on the basis of low bid and gives the City the ability to bring the project within budget with the contractor who offers the best value. This is compared to a competitive sealed bid procedure that limits the City to basing contract award on the lowest bid, which may be over budget requiring staff to either search for additional funds or start the bid process all over. T�xas Local Government Code Section 271.116( fl requires the City to select the offeror that offers the best value based on the published selection criteria and on its ranking evaluation. In determining the best value, the City is not restri.cted to considering price alone, but may consider any other factor stated in the selection criteria. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City must, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. Proposals were ranked as follows: West Texas Paving of Lubbock, TX 228 points Lone Star Dirt and Paving of Lubbock, TX 223 points Pharr Construction Company of Lubbock, TX 204 points Earthco of Big Spring, TX 131 points Time for completion of this project is 90 consecutive calendar days and liquidated damages is $25 per day. FISCAL IMPACT A total of $250,000 is appropriated and available in Capital Improvement Project 91213, Second Cemetery Entrance. Staff recommended contract award to West Texas Paving of Lubbock, Texas for $78,090. Lee Ann Dumbauld, City Manager, and Scott Snider, Assistant City Manager, gave comments and answered questions from Council. Motion was made by Council Member Price, seconded by Council Member Jones to pass Resolution No. 2006-R0020 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.1. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2007-00004 Zone Case No. 1993-C (6402 Albany Avenue): Hold a public hearing to consider request of Robert Clark (for Asken Properties) for a zoning change from A-1 to GO Specific Use for a three story office building on a portion of Tract B, Sentry Park Addition. ORDINANCE NO. 2007-00004 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1993-C; A ZONING CHANGE FROM A-1 TO GO SPECIFIC USE FOR A THREE STORY OFFICE BUILDING ON A PORTION OF TRACT B, SENTRY PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. �1 Regular City Council Meeting January 12, 2007 Mayor Miller opened the public hearing at 10:10 a. m. No one appeared on behalf of Asken Properties. No one appeared in opposition. Mayor Miller closed the hearing at 10:10 a. m. The request is filed as Specific Use to enable the Commission and Council to utilize the General Provision in Specific Use that allows the Council to vary development requirements "to allow flexibility for modern urban planning and design". In this instance, Garden Office guidelines allow for a two-story maximum. The change to the standards that are contained in this Garden Office Specific Use request is that the applicant wants to construct a two-story office building above a ground floor of parking, making the structure three stories. Adjacent land uses: N — Loop 289 S — Aparhnents E — Apartments W — Apartments A site plan imposed on an aerial of the site indicates that the applicant can "fit" the proposed building on the portion of the apartment site that is now occupied by tennis courts and not encroach into more than two of the existing apartment parking spaces. As noted, the request meets the intent of two stories for Garden Office development but not the permitted height in the GO District because of the parking underneath. The project is consistent with the Comprehensive Land Use Plan in that GO is a buffer the same as the current apariment zoning. The proposal is considered by some adjacent owners as an"odd" addition to the area, and is noted by one adjacent owner as inconsistent with current construction. The proposed square footage of the new building would have a total of approximately 6,000 square feet of office space in the two levels above, with parking in the space available under the building after supports are provided for the structure. The proposal will be limited to no access to the service road of Loop 289. Since the property is owned by the same individual the proposed building is going to be accessed by easement through the parking lot of the Metropolitan Apartments. If the case is approved, the proposed conditions would request recording dedication of that easement by separate instrument, and a requirement that the property be replatted if it is sold from the parent apartment tract. Again, the placement of the building meets a majority of the development requirements of the Garden Office District with the exception of the three story height. Since both the Gaxden Office and A-1 and A-2 Districts are comparable in terms of the Comprehensive Plan, the Planning Commission seemed of the opinion that if the addition of the office building can be "proved up" with additional site and civil engineering design, they had no opposition for approval of the request. The Planning Commission recommended approval of the request subject to the following condition: 1. The project will be tied to the proposed site plan. 2. An easement from the new parking lot to the adjacent curb cut shall be dedicated. 3. If the parcel is sold in sepazate pieces, the entire property will be subject to a replat. FISCAL IMPACT No fiscal impact anticipated. Subject to the objections of adjacent owners (they did not appear at the Planning Commission meeting so there is no evidence that the opposition is 32 Regular City Council Meeting January 12, 2007 credible or not), the staff finds no issue supporting the recommendation of the Planning Commission. Motion was made by Council Member Leonard, seconded by Council Member Boren to pass on first reading Ordinance No. 2006-O0004 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.2. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2007-00005 Zone Case No. 3072 (9810 Slide Road): Hold a public hearing to consider request of Parkhill, Smith & Cooper (for First Bank & Trust) for a "�' zoning change from T to C-2A on 1.15 acres of unplatted land out of Section 25, Block E-2. ORDINANCE NO. 2007-00005 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3072; A ZONING CHANGE FROM T TO C-2A ZONING ON 1.15 ACRES OF UNPLATTED LAND OUT OF SECTION 25, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Miller opened the public hearing at 10:10 a. m. No one appeared on behalf of First Bank & Trust. No one appeared in opposition. Mayor Miller closed the hearing at 10:10 a. m. The request is located at the southwest corner of Slide and 98th Street. Adjacent land uses: N — convenience store S — vacant E — commerciai W — vacant ,,�, The applicant is requesting C-2A zoning for a structure that will be a commercial modular building and will be placed on a portion of the lot for the near term. A long term development plan is in progress for the balance of the site, and a new permanent building will be placed on the parcel. The request meets both the Comprehensive Land Use Plan and Zoning Policies, and should have no significant impact on the thoroughfare system. The Planning Commission recommended the request as submitted. The Planning Commission recommended approval of the request. FISCAL IMPACT No fiscal impact anticipated. Staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Council Member Leonard, seconded by Council Member Boren to pass on first reading Ordinance No. 2006-O0005 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.3. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2006-00006 Zone Case No. 3073 (13010 Indiana Avenue): Hold a public hearing to consider request of Bobby McQueen (for Jeanette Lubenau and Barbara Johnson) for a zoning change from T to C-3, and C-4 Specific Use for a veterinary clinic with a partially unenclosed kennel and all � unconditionally permitted C-3 uses on 6.582 acres of unplatted land out of Section 18 Block E-2. 33 Regular City Council Meeting January 12, 2007 ORDINANCE NO. 2006-00006 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING" BY AMENDING SECTION 29-3, BY ADDING SUBSECTION (6b), A DEFINITION FOR "ASSISTED LNING FACILITY" AND AMENDING SUBSECTION (54a) DEFINING "GROUP HOUSING FOR HANDICAPPED PERSONS;" BY AMENDING SECTION 29-7(d)(9) TO INCREASE CONDITIONAL USE GROUP HOUSING IN THE "R-1" SINGLE FAMILY DISTRICT TO SEVEN (7) OR MORE HANDICAPPED PERSONS IN ACCORDANCE WITH STATE LAW; BY AMENDING SECTION 29-7(d)(9) TO ENLARGE THE NOTICE AREA FOR CONDITIONAL USE PERMITS FOR GROUP HOMES FOR HANDICAPPED PERSONS; AND BY AMENDING SECTION 29- 30(b)(7) TO PROVIDE ADDITIONAL REQUIRMENTS FOR PERMITS FOR GROUP HOMES FOR HANDICAPPED PERSONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Miller opened the public hearing at 10:10 a. m. No one appeared on behalf of Jeanette Lubenau and Barbara Johnson. No one appeared in opposition. Mayor Miller closed the hearing at 10:10 a. m. The applicant is requesting zoning on a 6.5 acre lot that exists on the northwest corner of 114th Street and Indiana. The parcel is surrounded on the north and west by a public golf course. Adjacent land uses: N— existing golf course clubhouse S — vacant E — vacant W — existing golf course The application is split into two parts: 1. The corner parcel just over five acres is requested as C-3, which is "shopping center zoning" and is a policy zone case. 2. The north parcel just in excess on one acre is proposed as C-4 Specific Use as a veterinary clinic that will operate in conjunction with a forty animal kennel. The vet clinic requires that a Specific Use Permit be considered and the format of the proposed kennel caused the stafF to ask that it be included in the Specific Use portion because of the unique design. Normally, the kennel would be a permitted C-4 use — but the Code requires the entire operation to be inside a building. In this instance, the kennel building will include a roof that covers the outside runs that will be connected to the interior portion of each room that will accommodate an animal. The single aspect not in the current description for "kennel" in C-4 is the inclusion of the small outdoor runs associated with the indoor areas. The animals will be allowed access to the out of doors in an enclosed chain link area, and the animals will be able to access the adjacent "indoor" part of the kennel — depending on their preference or the weather. The applicants have proposed a screening fence entirely around the portion of the structure of the buildings that will be the outdoor runs and the back of the vet clinic. Since there is a golf course to the north and west, with the proposed C-3 to the south, the outside nature of the animal runs should not affect any adjacent residential area. The project will have no significant impact on the thoroughfare system. The Planning Commission recommended the request with the following conditions: 1. For the C-4 Specific Use portion, the project will be tied to the proposed site plan. 2. The entire kennel and veterinary operation, with the kennel being constructed first and the entire proposed screening fence, shall be completed within two years of the effective date of the ordinance. 34 Regular City Council Meeting January 12, 2007 FISCAL IMPACT No fiscal impact anticipated. Staff supports the recommendation of the Planning Commission. Motion was made by Council Member Leonard, seconded by Council Member Boren to pass on first reading Ordinance No. 2006-O0006 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.4. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2007-00007 Zone �"' Case No. 1662-G (5402 Avenue L): Hold a public hearing to consider request of Dave Kirk (for T-Mobile) for a zoning change from C-4 to C-4 Specific Use for a 100-foot monopole communications tower and associated ground equipment compound on 900 square feet out of the east part of Tract L, CN Hodges AddiNon. ORDINANCE NO. 2007-00007 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1662-G; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE FOR A 100 FEET MONOPOLE COMMUNICATIONS TOWER AND ASSOCIATED GROUND EQUIPMENT COMPOUND ON 900 SQUARE FEET OUT OF THE EAST PART OF TRACT L, CN HODGES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Miller opened the public hearing at 10:10 a. m. No one appeared on behalf of T-Mobile. No one appeared in opposition. Mayor Miller closed the hearing at 10:10 a. m. The Zoning ordinance requires a Specific Use Permit be processed on any proposed cell tower application that is not in an industrial district and that a specific set of findings be made during the decision making process. � The following bullets are established by the Federal Communications Act for consideration of any PCS, TV, or cellular tower case: • Reasonableness — Local governments may not discriminate between carriers nor use zoning provisions that effectively prohibit the provision of service. The intent of Congress is not to deny localities the flexibility to treat similar service providers differently on the basis of varying setback, height or safety requirements when proposals are in different zoning districts. IE: A request in residential can be considered with a different perspective than one in commercial or industrial. • Timeliness — The hearing process must occur within a reasonable time frame. • Documentation — A denial by the Planning Commission or City Council must be in writing and substantiated by evidence contained in written records. The application should be detailed in writing, and a written evaluation of the application by staff should be presented. The minutes should reflect in detail any opposition or support for the request. • Siting Criteria — The effect of the electromagnetic field created by cellular or PCS may not be a factor in the consideration of a tower. Presumably, FCC guidelines aze in effect which provide a safe electromagnetic � atmosphere in the immediate vicinity of towers. • Court jurisdiction — Challenges to denied zone cases must be filed in state or federal court. Staff Review of stated purpose/goals for towers [Section 29-30(b)(8)]: 1. Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community. 35 Regular City Council Meeting January 12, 2007 One guideline for towers is that the setback from adjacent off-site residential structures be greater than the height of the pole. This proposed site has no adjacent residential. 2. Encourage strongly the joint use of new and existing tower sites. The company has not provided documentation that there are no existing towers that the engineers for this company indicate will provide adequate service in the "service ring" targeted for these antennae. If the case is approved, a proposed condition will be that a letter outlining the lack of alternatives be provided before the Council hearing. 3. Require users of towers and antennas to locate them, to the extent possible, in azeas where the adverse impact on the community is minimal. This is the toughest aspect of tower requests. Except in remote areas of the community, adjacent owners often express considerable objection for new tower locations. Contrast this to the demand by the overall public for consistent, clear phone communications and the situation is diametric. Staff wants clear phone signals but do not want the towers. One aspect staff have illustrated in past cases is the number of tall items in our community that seem to not create great concern, although general reference to them may be as "ugly" in the same context as cell towers: • The light standards on 19th Street and University Avenue are at least 90 feet tall • The typical major electrical transmission towers along Flint and 34th Street are approximately ninety feet tall. • The light standards of Loop 289 and major intersections are approximately one hundred feet tall. • The television tower south of the Loop at University is in excess of 1400 feet tall. These comparisons all illustrate that staff overlook many tall items because staff recognize their necessity, although staff may not care for their aesthetic appeal. The same applies to cell towers when alternate structures do not exist, staff have to live with their presence if staff demand the phone service. Two aspects that may constitute the primary opposition for the request are property values and aesthetics. While these are viable discussion items for determination by the Planning Commission, opinions from citizens that are not substantiated with data or "expert" verification is suspect if a denial is challenged in court. 4. Require users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas. The applicant understands that at least two users will be allowed on the tower. Most recent towers have attempted to maximize the number of users since they can generate revenue, and the community will have fewer towers. In the early days of cell development, many companies would not let competitors on their tower — that outlook has changed because of increased regulation and revenue sources. Planning and Zoning Commission recommended the request subject to the following conditions: 1. The site plan will be adopted as part of the ordinance. 2. A letter from the technical and "land" personnel of this company shall be provided to illustrate evidence that no alternative economical sites exist in this area (with provision of this letter at first reading, if the case is approved number 2 can be eliminated from the final). FISCAL IMPACT No fiscal impact anticipated. Staff supports the recommendation of the Planning Commission. 36 Regular City Council Meeting January 12, 2007 Motion was made by Council Member Leonard, seconded by Council Member Boren to pass on first reading Ordinance No. 2006-O0007 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.5. Public Hearing 10:00 a.m. - Zoning: Ordinance No. 2007-00008 Zone Case No. 2085-A (602 Avenue Q): I3old a public hearing to consider request of Hugo Reed and Associates, Inc. (for Minerva Partners) for a zoning change from A-2 to C-3 on Lots 1-10, Block 110, Overton Addition. � ORDINANCE NO. 2007-00008 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2085-A; A ZONING CHANGE FROM A-2 TO C-3 ZONING ON LOTS 1-10, BLOCK 110, OVERTON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Miller opened the public hearing at 10:10 a. m. No one appeared on behalf of Minerva Partners. No one appeared in opposition. Mayor Miller closed the hearing at 10:10 a. m. The applicant is requesting the rezoning of a site currently zoned for a lodge (the Scottish Rite). The building was one of the original public schools in Lubbock before it was sold to the Scottish Rite, it had not been used in years. Adjacent land use: N — commercial S — commercial E — commercial W — apartments or vacant The application is in concert with the revised Comprehensive Land Use Plan ''�" for the Overton North redevelopment area, and will be in accord with zoning policy when the structure is built. As noted before, all the recent redevelopment in this area is going to have a significan� impact on the thoroughfare system, but Avenue Q is a designated thoroughfare and part of the U.S. Highway System. In addition, three blocks north the future Marsha Sharp Freeway are under full construction and eventually should greatly reduce congestion in this area. The Planning Commission recommended approval of the request. FISCAL IMPACT No fiscal impact anticipated. The staff supports the recommendation of the Planning Commission. Motion was made by Council Member Leonard, seconded by Council Member Boren to pass on first reading Ordinance No. 2006-O0008 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.6. Public Iiearing 10:00 a.m. - Business Development: Hold a public hearing on the dissolution of the Vintage Township Public Improvement District (PID), which covers a portion of an area from the north one-half of Section 23, Block E-2, City of Lubbock, Lubbock County, Texas, �--- generally bounded by 114th Street on the north, Quaker Avenue on the east,122nd Street on the south, and Slide Road on the west. Mayor Miller opened the public hearing at 10:11 a. m. No one appeazed on behalf of Vintage Township PID. No one appeared in opposition. Mayor Miller closed the hearing at 10:11 a. m. The City created the Vintage Township Public Improvement District (PID) at the Council meeting on December 15, 2005, and amended the creation resolution on February 24, 2006. The area covers approximately 275.5 acres. PID establishment can only be initiated by a petition of property owners meeting two tests outlined in the statute, petition signed by the owners of 37 Regular City Council Meeting January 12, 2007 (1) more than 50% of the appraised value of the taxable real property liable for assessment; and (2) the record owners of property that constitute more than 50% of the number of record owners or of more than 50% of the area within the PID. The developer has expanded the scope of his proposed Service Plan for the Vintage Township PID and Vinson and Elkins, Bond Counsel, are recommending that he dissolve the current PID and establish a new PID encompassing the new scope and Service Plan. This process will include a new Master Development Agreement with Paul Stell as the developer. In order to dissolve a PID, the same process is required. A petition to dissolve the existing Vintage PID was received by the City. The petition was signed by Paul Stell representing two companies requesting the dissolution of the Vintage Township Public Improvement District, owners of 75.4% of the total appraised value ($6,558,954) for the area and 97.68% of the total land areas contained by the proposed PID. The petition has been examined, verified, and found to meet the requirements of Section 372.005(b) of the Texas Local Government Code and to be sufficient for consideration by the City. The Public Hearing is to consider the dissolution of the Vintage Township Public Improvement District pursuant to the Public Improvement District Assessment Act. Once the public hearing has been held, the next step is to consider a resolution dissolving the Vintage Township Public Improvement District. The resolution to dissolve the current Vintage Township PID is also on this agenda. FISCAL IMPACT As per the Master Development Agreement approved by the Council on November 7, 2005, and amended on February 24, 2006, the developer has agreed to pay all the City's cost and expenses relating to the dissolution of this PID. Staff recommended holding the public hearing at 10:00 a.m. on January 12, 2007, on the dissolution of the existing Vintage Township PID. 6.7. Dissolution of PubGc Improvement District Resolution - Business Development: Resolution No. 2007-R0021 dissolving the Vintage Township Public Improvement District (PID) which covers a portion of an area from the north one-half of Section 23, Block E-2, City of Lubbock, Lubbock County, Texas, generally bounded by 114th Street on the north, Quaker Avenue on the east, 122nd Street on the south and Slide Road on the west. A RESOLUTION NO. 2007-R0021 OF THE CITY OF LUBBOCK, TEXAS DISSOLVING THE VINTAGE TOWNSHIP PUBLIC IMPROVEMENT DISTRICT CREATED PURSUANT TO CITY RESOLUTION NO. 2005-R0590 ON DECEMBER 15, 2005 WHEREAS, the City of Lubbock, Texas (the "City") is authorized under the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code, as amended (the "Act") to dissolve a public improvement district previously created pursuant to the Act; WHEREAS, Stellar Land Company, Ltd. and Vintage Land Company, Ltd. submitted and filed with the City Secretary of the City that certain Petition for the Dissolution of Vintage Township Public Improvement District Created Pursuant to City Resolution No. 2005-R0590 on December 15, 2005, as amended on February 24, 2006 by Resolution No. 2006-R0100 (the "Dissolution Petition") requesting the dissolution of the existing Vintage Township Public Improvement District (the "District"), the boundaries of which are set forth on Exhibit A attached hereto (the real property located within the District shall be referred to as the "Land"); WHEREAS, the City Council of the City (the "City Council") received the Petition signed by the owners of more than 50% of the appraised value of the 38 Regular City Council Meeting January 12, 2007 taxable real property and more than 50% of the area of all taxable real property within the District, and found that the Petiiion complied with the Act and that the City Council was authorized to consider the dissolution of the District; WHEREAS, no indebtedness to pay for the public improvements contemplated for the District has been incurred by the City; WHEREAS, the petitioners submitted the Dissolution Petition in order to request that the City Council dissolve the existing District and create a new public improvement district under the Act encompassing the Land that provides for "'"`` public improvement projects not included in the original or amended petition requesting the creation of the District or the City Council's resolutions establishing the District; WHEREAS, the City Council finds and determines that the dissolution of the District in order that a new public improvement district encompassing the Land may be created is necessary for the efficient and effective development of the Vintage Township Residential Community; WHEREAS, the City Council desires to dissolve the District; WHEREAS, after providing all notices required by the Act, the City Council on the date hereof conducted a public hearing on the advisability of dissolving the District; and WHEREAS, the City Council adjourned and closed such public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, THAT: Section 1. Findin�s. T'he findings set forth in the preamble of this Resolution are hereby found to be true and correct and are incorporated in the body of this Resolution as if copied in their entirety. Section 2. Boundaries. The boundaries of the District are set forth in Exhibit A. Section 3. Advisability of District Dissolution. It is advisable to dissolve the District in order that a new public improvement district may be created for the Vintage Township Residential Community. Section 4. District Dissolved. The Vintage Township Public Improvement District created pursuant to City Resolution No. 2005-R0590 on December 15, 2005, as amended on February 24, 2006 by Resolution No. 2006- R0100, is hereby dissolved. Section 5. Notice of District Dissolution. The City's staff is directed to give notice of the dissolution of the District by publishing a copy of this Resolution once in a newspaper of general circulation within the City. Section 6. Effective Immediatelv. This Resolution shall take effect immediately from and after its passage and it is accordingly so resolved. PASSED AND APPROVED this 12th day of January, 2007. � Regular City Council Meeting January 12, 2007 /s/ David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Tommy Combs for Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Rob Allison Rob Allison Assistant City Manager Development Services EXHIBIT A DESCRIPTION OF THE LAND METES AND BOUNDS DESCRIPTION for a 275.539 acre tract of land located in Section 23, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North line of Section 23, Block E-2, Lubbock County, Texas, which bears S. 89°57'29" W. an approximate distance of 962.23 feet from the Northeast corner of said Section 23, Block E-2; THENCE S. 00°02'31" E. an approximate distance of 260.42 feet to a point; THENCE S. 45°00'03" E. an approximate distance of 153.42 feet to a point; THENCE S. 44°59'57" W. an approximate distance of 90.00 feet to a point; THENCE S. 45°00'03" E. an approximate distance of 785.85 feet to a point; THENCE N. 44°59'57" E. an approximate distance of 102.16 feet to a point; THENCE S. 45°00'03" E. an approximate distance of 18.52 feet to a point; THENCE N. 89°59'57" E. an approximate distance of 160.00 feet to a point; THENCE S. 00°00'03" E. an approximate distance of 164.00 feet to a point; THENCE N. 89°59'57" E. an approximate distance of 115.99 feet to a point in the East line of said Section 23, Block E-2; THENCE S. 00°00'33" W., along the East line of said Section 23, Block E-2, an approximate distance of 1393.30 feet to a point; THENCE N. 89°59'27" W. an approximate distance of 219.97 feet to a point; THENCE S. 00°00'01" E. an approximate distance of 154.70 feet to a point in the South line of the North Half of said Section 23, Block E-2; THENCE S. 89°58'41" W., along the South line of the North Half of said Section 23, Block E-2, an approximate distance of 4746.31 feet to a point; THENCE N. 00°02'31" W. an approximate distance of 253.91 feet to a point; THENCE S. 89°57'29" W. an approximate distance of 119.63 feet to a point; THENCE N. 00°03'33" W. an approximate distance of 1078.00 feet to a point; THENCE S. 89°57'29" W. an approximate distance of 210.00 feet to a point in the West line of said Section 23, Block E-2; THENCE N. 00°03'33" W., along the West line of said Section 23, Block E-2, an approximate distance of 381.00 feet to a point; THENCE N. 89°57'29" E. an approximate distance of 426.03 feet to a point; THENCE S. 00°02'31" E. an approximate distance of 90.00 feet to a point; THENCE N. 89°57'29" E. an approximate distance of 187.88 feet to a point; THENCE N. 00°02'31" W. an approxirnate distance of 90.00 feet to a point; THENCE N. 89°57'29" E. an approximate distance of 275.00 feet to a point; THENCE N. 00°02'31" W. an approximate distance of 300.00 feet to a point; THENCE N. 89°57'29" E. an approximate distance of 90.00 feet to a point; THENCE N. 00°02'31" W. an approximate distance of 19.00 feet to a point; THENCE N. 89°57'29" E. an approximate distance of 184.00 feet to a point; THENCE N. 00°02'31" W. an approximate distance of 135.00 feet to a point; THENCE S. 89°57'29" W. an approximate distance of 184.00 feet to a point; THENCE N. 00°02'31" W. an approximate distance of 2$.00 feet to a point; THENCE S. 89°57'29" W. an approximate distance of 90.00 feet to a point; THENCE N. 00°02'31" W. an approximate distance of 445.00 feet to a point in the North line of said Section 23, Block E-2; 40 Regular City Council Meeting January 12, 2007 THENCE N. 89°57'29" E., along the North line of said Section 23, Block E-2, an approximate distance of 3447.55 feet to the Point of Beginning. Bearings relative to HRA Lubbock County Coordinate System, derived from NAD 83, CORS 96, Epoch 2002.0000. Lambert grid at surface. Grid Origin: 33°23'00" N, 101°49'14" W False Northing: 0.00 U.S. Survey Feet False Easting: 80,000 U.S. Survey Feet Parallel 1: 33°45'14.17" N �' Parallel2: 33°27'42.83" N Ellipsoid data: (modified GRS 80) Semi-Major Axis: 6379088m Semi-Minor Axis: 6357700.125617m 1 /f: 298.2572220955 PREPARED TO ESTABLISH JURISDICTIONAL LIMITS ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY. The City Created the Vintage Township Public Improvement District (PID) at the Council meeting on December 15, 2005, and amended the creation resolution on February 24, 2006. The area covers approximately 275.5 acres. PID establishment can only be initiated by a petition of property owners meeting two tests outlined in the statute, petition signed by the owners of: (1) more than 50% of the appraised value of the taxable real property liable for assessment; and (2) the record owners of property that constitute more than 50% of the number of record owners or of more than 50% of the area within the PID. The developer has expanded the scope of his proposed Service Plan for the Vintage Township PID and Vinson and Elkins, Bond Counsel, are recommending that he dissolve the current PID and establish a new PID encompassing the new scope and Service Plan. This process will include a "`� new Master Development Agreement with Paul Stell as the developer. In order to dissolve a PID, the same process is required. A petition to dissolve the existing Vintage PID was received by the City. The petition was signed by Paul Stell representing two companies requesting the dissolution of the Vintage Township Public Improvement District, owners of 75.4% of the total appraised value ($6,558,954) for the area and 97.68% of the total land areas contained by the proposed PID. The petition has been examined, verified, and found to meet the requirements of Section 372.005(b) of the Texas Local Government Code and to be sufficient for consideration by the City. The public hearing to consider the dissolution of the Vintage Township Public Improvement District pursuant to the Public Improvement District Assessment Act was held prior to this item. If the resolution calling for the dissolution of the Vintage Township PID is approved by the City Council, the next step will be to publish the Resolution in the Lubbock Avalanche Journal for it to become effective. FISCAL IMPACT As per the Master Development Agreement approved by the Council on November 7, 2005, and amended on February 24, 2006, the developer has �"'' agreed to pay all the City's cost and expenses relating to the dissolution of this PID. Staff recommended approval of this resolution. Motion was made by Council Member Boren, seconded by Council Member Price to pass Resolution No. 2006-R0021 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 41 Regular City Council Meeting January 12, 2007 6.8. Public Hearing 10:15 a.m. - Business Development: Hold a Public Hearing on the formation of a Vintage Township Public Improvement District (PID) which covers a portion of an area from the north one-half of Section 23, Block E-2, City of Lubbock, Lubbock County, Texas, generally bounded by 114th Street on the north, Quaker Avenue on the east, 122nd Street on the south and Slide Road on the west. Mayor Miller opened the public hearing at 10:11 a. m. No one appeared on behalf of Vintage Township PID. No one appeared in opposition. Mayor Miller closed the hearing at 10:11 a. m. The City has received a petition from Stellar Land Company, Ltd. and Vintage Land Company, Ltd. requesting that the City establish a Public Improvement District (PID) for the proposed Vintage Township development area. The developer has expanded the scope of his proposed Service Plan for the Vintage Township PID and Vinson and Elkins, Bond Counsel, has recommended that the new PID be created after the developer dissolves the current PID. The area covers approximately 275.5 acres. PID establishment can only be initiated by a petition of property owners meeting two tests outlined in the statute, petition signed by the owners of: (1) more than 50% of the appraised value of the taxable real property liable for assessment; and (2) the record owners of property that constitute more than 50% of the number of record owners or of more than 50% of the area within the PID. The petition received by the City was signed by Paul Stell representing two companies requesting the establishment of the Vintage Township Public Improvement District, owners of 75.4% of the total appraised value ($6,558,954) for the area and 97.68% of the total land areas contained by the proposed PID. The petition has been examined, verified, and found to meet the requirements of Section 372.005(b) of the Texas Local Government Code and to be sufficient for consideration by the City. The Public Hearing is to consider the formation of a Public Improvement District in this area pursuant to the Public Improvement District Assessment Act for the purpose of constructing and maintaining specific amenities defined in the Master Development Agreement. The dissolution public heaxing will be held and the dissolution resolution for the existing Vintage Township PID will be considered prior to this item. Once the creation public hearing has been held, the next step is to consider a resolution creating the new Vintage Township Public Improvement District. The creation resolution is also on this agenda. FISCAL IMPACT As per the Master Development Agreement approved by the Council on November 7, 2005, and amended on February 24, 2006, the developer has agreed to pay all the City's cost and expenses relating to the development and establishment of this PID. In addition, the construction and maintenance expenses that will be identified in the PID Service Plan will be funded through an assessment to the property owners; therefore, will not impact the City's budget. Staff recommended the public hearing be held at 10:15 a.m. on January 12, 2007. 42 Regular City Council Meeting January 12, 2007 6.9. Vintage Township Public Improvement District Creation Resolution - Business Development: Resolution No. 2007-R0022 making findings and authorizing establishment of the Vintage Township Public Improvement District (PID) which covers a portion of an area from the north one-half of Section 23, Block E-2, City of Lubbock, Lubbock County, Texas, generally bounded by 114th Street on the north, Quaker Avenue on the east, 122nd Street on the south and Slide Road on the west. A RESOLUTION NO. 2007-R0022 OF THE CITY OF LUBBOCK, � TEXAS APPROVING AND AUTHORIZING THE CREATION OF THE VINTAGE TOWNSHIP PUBLIC IMPROVEMENT DISTRICT WHEREAS, the City of Lubbock, Texas (the "City") is authorized under the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code, as amended (the "AcY') to create a public improvement district; WHEREAS, Stellar Land Company, Ltd. and Vintage Land Company, Ltd. submitted and filed with the City Secretary of the City that certain Petition for the Creation of a Public Improvement District to Finance Improvements to the Vintage Township Residential Community (the "Petition") requesting the establishment of a public improvement district to be known as the Vintage Township Public Improvement District (the "District"), the boundaries of which are set forth on Exhibit A attached hereto (the real property located within the District shall be referred to as the "Land"); WHEREAS, the City Council of the City (the "City Council") has received the Petition signed by the owners of more than 50% of the appraised value of the taxable real property and more than 50% of the area of all taxable real property within the District, and the Petition complies with the Act and thus the City Council is authorized to consider the creation of the District; WHEREAS, after providing all notices required by the Act, the City � Council on the date hereof conducted a public hearing on the advisability of the improvements and services and the creation of the District; and WHEREAS, the City Council adjourned and closed such public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK,TEXAS,THAT: Section 7. Advisabilitv of the Improvements Proposed for the District: It is advisable to create the District to provide the public improvements and services described in the Petition and this Resolution. The public improvements will promote the interests of the City and will confer a special benefit on the District. Section 8. Nature of the Improvements: The general nature of the proposed public improvement projects is (i) the acquisition, design, construction, installation and improvement of (a) parks and greens together with any ancillary structures, features or amenities such as playgrounds, athletic facilities, pavilions, amphitheaters, community facilities, bridges, walkways, lighting, benches, trash receptacles and similar items located therein along with all necessary grading, drainage and similar infrastructure involved in the construction of such parks and greens, (b) landscaping, hardscaping and irrigation, (c) water features such as lakes, ponds and fountains, (d) distinctive lighting and signs, (e) pedestrian malls, passages or pathways including pedestrian bridges, ( fl vehicular bridges and low '''"" water crossings, (g) community meeting halls or similar buildings, (h) community monuments, towers, and other similar structures, (i) art work, (j) water and sewer infrastructure and facilities, (k) streets, roadways and other thoroughfares, including streetscaping and streetlighting, (1) stormwater drainage infrastructure and facilities; (ii) payment of costs associated with developing and financing the public improvements listed in subdivision (i) including costs of issuing bonds and funding debt service and capitalized interest reserves for such bonds and costs of estab:ishing, administering and operating the District and (iii) maintenance, operation and other supplemental services permitted by the Act pertaining to the items listed in (a) through (i) of subdivision (i) of this Section. 43 Regular City Council Meeting January 12, 2007 Section 9. Estimated Cost of the Improvements: The estimated cost of the public improvement projects identified in subdivisions (i) and (ii) of Section 2 herein is $50,000,000. The cost of the maintenance, operation and other supplemental services identified in subdivision (iii) of Section 2 will be determined annually by the City; however, it is anticipated that the City will arrange with the local homeowners' association for such maintenance, operation and supplemental services and that such costs will be paid from homeowners' association dues and that collection of assessments for such purposes will be necessary only in the event that the homeowners' association fails to operate and maintain the public improvements in a manner consistent with the City's standards for maintenance and operation of similar public improvements throughout the City. Section 10. Boundaries: The boundaries of the District are set forth in Exhibit A. Section 11. Method of assessment: An assessment methodology will be prepared that will address (i) how the costs of the public improvements financed with the assessments are assessed against the property in the District, (ii) the assessments to be collected each year, (iii) provisions providing for the prepayment of the assessments at the option of the owner of any parcel, (iv) the reallocation of the assessment upon the subdivision of a parcel, and (v) reduction of the assessments for costs savings (pursuant to the annual review of the service plan for the District) and repayment of bonds issued to finance the public improvements. Additionally, a report will be prepared showing the special benefits accruing to property in the District and how the costs of the public improvements are assessed to property on the basis of the special benefits. The result will be that equal shares of the costs will be imposed on property similarly benefited. In assessing the costs of the public improvements, property will be classified based on the use of the public improvements. For example, larger homes may generate more use of the public improvements than smaller homes. Accordingly, there may be a classification of property on the basis of the size or type of homes that may be built on a parcel. Costs may also be assessed on the basis of the value of the property, or upon a combination of size or type of house and value of property. Property may also be classified on the basis of the location of the property within the District, if some sections of the District receive more public improvements or public improvements of greater cost than other sections of the District. The assessment methodology will result in each parcel paying its fair share of the costs of the public improvements provided with the assessments based on the special benefits received by the property from the public improvements and property equally situated paying equal shares of the costs of the public improvements. Section 12. Apportionment of Cost between the City and the District. The City will not be obligated to provide any funds to finance the proposed public improvements. All of the costs of the proposed public improvements will be paid by assessments of the property within the District and from other sources of funds, if any, available to the developer of the Land. Section 13. Mana�ement of the District. To the extent allowed by law, the City may contract with either a non-profit, or a for-profit organization, including a Public Facilities Corporation created by the City pursuant to Chapter 303, Texas Local Government Code, as amended, to carry out all or a part of the responsibilities of managing the District, including the day-to-day management and administration of the District. • Section 14. Findin�s. The findings set forth in the preamble of this Resolution are hereby found to be true and correct and are incorporated in the body of this Resolution as if copied in their entirety. Section 15. District Authorized. The Vintage Township Public Improvement District is hereby authorized and created as a Public Improvement 44 Regular City Council Meeting January 12, 2007 District under the Act in accordance with the findings as to the advisability of the public improvements contained in this Resolution. Section 16. Notice of District Creation. The City's staff is directed to give notice of the authorization for the establishment of the District by publishing a copy of this Resolution once in a newspaper of general circulation within the City. Such authorization shall take effect and the District shall be deemed to be established effective upon the publication of such notice. T'he District shall exist until dissolved or terminated as provided by law. �"`' Section 17. Effective Immediatelv. This Resolution shall take effect immediately from and after its passage and it is accordingly so resolved. PASSED AND APPROVED this 12th day of January, 2007. /s! David A. Miller DAVID A. MILLER, MAYOR ATTEST: /s/ Tommy Combs for Rebecca Garza, City Secretary AP'PROVED AS TO CONTENT: /s/ Rob Allison Rob Allison Assistant City Manager Development Services EXHIBIT A DESCRIPTION OF THE LAND � METES AND BOLTNDS DESCRIPTION for a 275.539 acre tract of land located in Section 23, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North line of Section 23, Block E-2, Lubbock County, Texas, which bears S. 89°57'29" W. an approximate distance of 962.23 feet from the Northeast corner of said Section 23, Block E-2; THENCE S. 00°02'31" E. an approximate distance of 260.42 feet to a point; THENCE S. 45°00'03" E. an approximate distance of 153.42 feet to a point; THENCE S. 44°59'57" W. an approximate distance of 90.00 feet to a point; THENCE S. 45°00'03" E. an approximate distance of 785.85 feet to a point; THENCE N. 44°59'57" E. an approximate distance of 102.16 feet to a point; THENCE S. 45°00'�3" E. an approximate distance of 18.52 feet to a point; THENCE N. 89°59'57" E. an approximate distance of 160.00 feet to a point; THENCE S. 00°00'03" E. an approximate distance of 164.00 feet to a point; THENCE N. 89°59'57" E. an approximate distance of 115.99 feet to a point in r,,,,,, the East line of said Section 23, Block E-2; THENCE S. 00°00'33" W., along the East line of said Section 23, Block E-2, an approximate distance of 1393.30 feet to a point; THENCE N. 89°59'27" W. an approximate distance of 219.97 feet to a point; THENCE S. 00°00'01" E. an approximate distance of 154.70 feet to a point in the South line of the North Half of said Section 23, Block E-2; THENCE S. 89°58'41" W., along the South line of the North Half of said Section 23, Block E-2, an approximate distance of 4746.31 feet to a point; THENCE N. 00°02'31" W. an approximate distance of 253.91 feet to a point; 45 Regular City Council Meeting January 12, 2007 THENCE S. 89°57'29" W. an approximate distance of 119.63 feet to a point; THENCE N. 00°03'33" W. an approximate distan�e of 1078.00 feet to a point; THENCE S. 89°57'29" W. an approximate distance of 210.00 feet to a point in the West line of said Section 23, Block E-2; THENCE N. 00°03'33" W., along the West line of said Section 23, Block E-2, an approximate distance of 381.00 feet to a point; THENCE N. 89°57'29" E. an approximate distance of 426.03 feet to a point; THENCE S. 00°02'31" E. an approximate distance of 90.00 feet to a point; THENCE N. 89°57'29" E. an approximate distance of 187.88 feet to a point; THENCE N. 00°02'31" W. an approximate distance of 90.00 feet to a point; THENCE N. 89°57'29" E. an approximate distance of 275.00 feet to a point; THENCE N. 00°02'31" W. an approximate distance of 300.00 feet to a point; THENCE N. 89°57'29" E. an approximate distance of 90.00 feet to a point; THENCE N. 00°02'31" W. an approximate distance of 19.00 feet to a point; THENCE N. 89°57'23" E. an approximate distance of 184.00 feet to a point; THENCE N. 00°02'31" W. an approximate distance of 135.00 feet to a point; THENCE S. 89°57'29" W. an approximate distance of 184.00 feet to a point; THENCE N. 00°02'31" W. an approximate distance of 28.00 feet to a point; THENCE S. 89°57'29" W. an approximate distance of 90.00 feet to a point; THENCE N. 00°02'31" W. an approximate distance of 445.00 feet to a point in the North line of said Section 23, Block E-2; THENCE N. 89°57'29" E., along the North line of said Section 23, Block E-2, an approximate distance of 3447.55 feet to the Point of Beginning. Bearings relative to HRA Lubbock County Coordinate System, derived from NAD 83, CORS 96, Epoch 2002.0000. Lambert grid at surface. Grid Origin: 33°23'00" N, 101°49'14" W False Northing: 0.00 U.S. Survey Feet False Easting: 80,000 U.S. Survey Feet Parallel 1: 33°45'14.17" N Parallel2: 33°27'42.83" N Ellipsoid data: (modified GRS 80) Semi-Major Axis: 6379088m Semi-Minor Axis: 6357700.125617m 1/f 298.2572220955 PREPARED TO ESTABLISH JURISDICTIONAL LIMITS ONLY. DOES NOT REPRESENT AN ACTUAL SURVEY. The City has received a petition from Stellar Land Company, Ltd. and Vintage Land Company, Ltd. requesting that the City establish a Public Improvement District (PID) for the proposed Vintage Township development area. The developer has expanded the scope of his proposed Service Plan for the Vintage Township PID and Vinson and Elkins, Bond Counsel, has recommended that the new PID be created after the developer dissolves the current PID. The area covers approximately 275.5 acres. PID establishment can only be initiated by a petition of property owners meeting two tests outlined in the statute, petition signed by the owners of (1) more than 50% of the appraised value of the taxable real property liable for assessment; and (2) the record owners of property that constitute more than 50% of the number of record owners or of more than 50% of the area within the PID. 46 Regular City Council Meeting January 12, 2007 The petition received by the City was signed by Paul Stell representing two companies requesting the establishment of the Vintage Township Public Improvement District, owners of 75.4% of the total appraised value ($6,558,954) for the area and 97.68% of the total land areas contained by the proposed PID. The petition has been examined, verified, and found to meet the rec}uirements of Section 372.005(b) of the Texas Local Government Code and to be sufficient for consideration by the City. The Public Hearing to consider the formation of a Public Improvement ,�,a District in this area pursuant to the Public Improvement District Assessment Act for the purpose of constructing and maintaining specific amenities defined in the Master Development Agreement was held prior to this item. If the resolution calling for the creation of the Vintage Township PID is approved by the City Council, the next step will be to publish the resolution in the Lubbock Avalanche Journal for it to become effective. FISCAL IMPACT As per the Master Development Agreement approved by the Council on November 7, 2005, and amended on February 24, 2006, the developer has agreed to pay all the City's cost and expenses relating to the development and establishment of this PID. In addition, the construction and maintenance expenses that will be identified in the PID Service Plan will be funded through an assessment to the property owners; therefore, will not impact the City's budget. Staff recommended approval of the resolution creating the Vintage Township PID. Motion was made by Council Member Leonard, seconded by Council Member Boren to pass Resolution No. 2006-R0022 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. � 6.10. Budget Amendment Ordinance lst Reading - Finance: Ordinance No. 2007-00009 Amendment #5 amending the FY 2006-07 budget respecting the Grant Fund, Solid Waste Fund, and Capital Improvement Program. ORDINANCE NO. 2007-00009 AN ORDINANCE AMENDING THE FY 2006-07 BUDGET FOR MUNICIPAL PURPOSES RESPECTING THE (1) GRANT FUND; (2) SOLID WASTE FLTND; AND (3) CAPITAL IMPROVEMENT PROGRAM; ESTABLISHING CIVIL SERVICE CLASSIFICATIONS AND POSITIONS; AND PROVING FOR A SAVINGS CLAUSE. FISCAL IMPACT Included in item summary. Staff recommended approval of the first reading of this ordinance. Jeff Yates, Chief Financial Officer; Lee Ann Dumbauld, City Manager; Kevin Overstreet, Emergency Operations Center Director; Cheryl Brock, Business Research Specialist; and Tommy Camden, Health Director, gave comments and answered questions from Council. Motion was made by Council Member Price, seconded by Council Member Jones to pass on first reading Ordinance No. 2006-O0009 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. � 6.11. Ordinance Amendment lst Reading - Water Utilities: Ordinance No. 2007-00010 amending Chapter 28-52 and 28-53 of the Code of Ordinances in regard to water rates. 47 Regular City Council Meeting January 12, 2007 ORDINANCE NO. 2007-00010 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTIONS 28-52 AND 28-53 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY REVISING WATER RATES AS CONTAINED THEREIN; BY ADDING SECTION 28-61 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO VARIANCE AND APPEAL PROCEDURES REGARDING WATER RATES AND BILLING; BY AMENDING SECTION 28-44(h) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE JURISDICTION OF THE WATER BOARD OF APPEALS; PROVIDING A SAVING CLAUSE; AND PROVIDING FOR PUBLICATION. A cost of service study was completed recently for both the water and sewer services in order to establish the appropriate rates to reflect the cost of the services. In addition to the cost of service issues, the study also proposed a change to the Average Winter Consumption increasing block rate to encourage greater water conservation. This study was completed and results were provided to the Lubbock Water Advisory Commission on November 16, 2006. The recommended rates are revenue neutral. Increases in rates for budgetary purposes are considered with the annual budget. The changes proposed here are revenue neutral and reflect cost of service changes only. Prior to 1990, the City had a decreasing block rate. This means that as a customer used more water, the rate per 1,000 gallons dropped for the additional use. In 1991 the City adopted a uniform water rate. Under this plan, the rate per 1,000 gallons used remains unchanged. It is now proposed that the City adopt an increasing block rate plan in order to encourage greater conservation. Under this plan, the rate per 1,000 gallons will increase for the additional use. The specific plan proposed is called the AWC plan or Average Winter Consumption plan. Under this plan, the volume of water included in Block 1 for residential use is determined differently for each customer based upon the amount of water used by that customer in November, December, January and February. The volume that can be used in Block 2 for residential customers is 25,000 gallons. Block 3 would be for use over and above Block 1 and Block 2 use. For commercial, multifamily and public entities, the volume allowed under Block 1 is again determined by the customer's average winter consumption. Block 2, however is not set on a specific use amount like residential. It is set on 150% of the average winter consumption. Block 3 again would be for use over and above the Block 1 and Block 2 volumes. For irrigation service, there is no Block 1 volume. Single family residential irrigation service would have a Block 2 volume of 25,000 gallons, while non residential service would have a Block 2 based upon 150% of the average winter consumption. Block 3 again would be for use over and above the Block 2 volume. Under the proposed rates, the monthly base charge would decrease for almost all customers. Residential would decrease by $4.30 or 38.7% for 3/" water meters. This decrease continues with as much as 52% to 73% reductions in the monthly base charge based upon the size of the meter. The increasing block rate proposed would be uniform for almost all customers as follows on a per 1,000 gallon basis: Block 1 - $2.06 Block 2 - $2.58 Block 3 - $4.52 The current uniform rate for residential customers is $2.03 per 1,000 gallons of water used. Previous multi family rates were $1.73 per 1,000 gallons while Commercial, Public, and Municipal rates were at $1.88 per 1,000 gallons. All .; Regular City Council Meeting January 12, 2007 customers will receive a savings on the monthly base charge, but the cost per 1,000 gallons will decrease to encourage greater conservation. Customers who use less water will see a water decrease. As an example, a customer at the average of 7,000 gallons would see a 14.8% decrease. A customer with a 25,000 gallon use would see an 8.6% increase. The goal is to encourage all to save water. FISCAL IMPACT ,� The recommendation is revenue neutral for the City. There are no proposed increases or decreases in revenues for the Water Fund as a result of this recommended change in water rates. The Lubbock Water Advisory Commission has reviewed the recommendations and has approved it for consideration by the City Council. City staff also recommended the proposed changes in order for rates to reflect the cost of service. Tom Adams, Deputy City Manager/Water Utilities Director, gave comments and answered questions from Council. Rick Giardina, representative from Red Oak Con�ulting, briefed Council on the City of Lubbock Water and Sewer Rate Study. He also answered questions from Council. The projected start date for the rate change is March 7, 2007. Council Member DeLeon would like to get the public educated, especially the low-income sector, in regard to water rates. Mayor Miller asked to have bilingual inserts sent out with the monthly billing, to make sure everyone understands what is taking place. Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Jones to pass on first reading Ordinance No. 2006-O0010 as recommended by staff. Motion carried: 6 Ayes, 1 Nay. Council Member DeLeon voted Nay. '"�'"" 6.12. Ordinance Amendment lst Reading - Water Utilities: Ordinance No. 2007-00011 amending Chapter 28 of the code of Ordinances in regard to sewer rates. ORDINANCE NO. 2007-00011 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SUBSECTIONS 28-86(a) AND 28-86(b) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY REVISING SEWER RATES AS CONTAINED THEREIN; PROVIDING A SAVING CLAUSE; AND PROVIDING FOR PUBLICATION. A cost of service study was completed recently for both the water and sewer services in order to establish the appropriate rates to reflect the cost of the services. This study was completed and results were provided to the Lubbock Water Advisory Commission on November 16, 2006. The recommended rates are revenue neutral. Increases in rates for budgetary purposes aze considered with the annual budget. The changes proposed here are revenue neutral and reflect cost of service changes only. As a result of the study, the monthly base charge for sewer service will increase 17.3% or $0.68 for three-quarter-inch meter services (including most residential service). The monthly base charge for larger meters, between one- inch and 10-inch, will decrease from 38.8% to 86.4%. The dollar amount of this change in monthly base fees for larger meters will vary between $3.57 and $758.44. This change again reflects cost of service and rate changes are recommended accordingly. A flow rate increase of 1.2% $0.02 per 1,000 is also recommended as part of the study. 49 Regular City Council Meeting January 12, 2007 �FISCAL IMPACT T'he recommendation is revenue neutral for the City. There are no proposed increases or decreases in revenues for the Sewer Fund as a result of this recommended change in sewer rates. � The Lubbock Water Advisory Commission has reviewed the recommendations and has approved it for consideration by the City Council. City siaff also recommended the proposed changes in order for rates to reflect the cost of service. Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Leonard to pass on first reading Ordinance No. 2006-O0011 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 6.13. Ordinance Amendment - Police: Ordinance No. 2007-00012 amending the Code of Ordinances of the City of Lubbock, by amending Chapter 14, Article IX, entitled Sexually Oriented Businesses. ORDINANCE NO. 2007-00012 AN ORDINANCE AMENDING CHAPTER 14 OF THE CITY OF LUBBOCK CODE OF ORDINANCES BY MODIFYING SECTION 14-252 THEREOF TO CLARIFY THE RIGHTS OF ANY PERSON WHOSE PERMIT TO OPERATE A SEXUALLY ORIENTED BUSINESS HAS BEEN DENIED, SUSPENDED, OR REVOKED, AMENDING SECTION 14.254.1 THEREOF TO INCLUDE PROVISIONS ESTABLISHING A MINIMUM DISTANCE AT WHICH EMPLOYEES OF SEXUALLY ORIENTED CABARETS OR LOUNGES IN A STATE OF SIMULATED NUDITY MUST BE SEPARATED FROM THE PATRONS OR CUSTOMERS OF SUCH BUSINESSES, AND IMPLEMENTING OTHER REQUIREMENTS FOR THE OPERATORS OF SUCH BUSINESSES. The Fifth Circuit Court of Appeals in Fantasy Ranch v. City of Arlington recently upheld provisions in one of that ordinances intended to alleviate the negative secondary effects that may result from contact between customers of sexually oriented businesses and nude or semi-nude employees of those businesses. The proposed ordinance amending Chapter 14, Article IX of the Code contains provisions very similar to those that the Fifth Circuit scrutinized and upheld as lawful. T'he intent of the proposed amendment is to reduce negative secondary effects locally by restricting the contact that customers of sexually oriented businesses may lawfully have with specified employees of such businesses. FISCAL IMPACT Unknown at this time. Staff recommended and requests the City Council express its approval and support for the proposed ordinance, submitted by the Lubbock Police Department. Anita Burgess, City Attorney, gave comments and answered questions from Council. Motion was made by Council Member Boren, seconded by Council Member Leonard to pass on first reading Ordinance No. 2006-O0012 with amending it wherever the word "employee" appears in the ordinance, add "employee or contractor/contracted agent". Motion carried: 7 Ayes, 0 Nays. 11:55 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 1:28 P.M. CITY COUNCIL RECONVENED Mayor Miller, Mayor Pro Tem Gilbreath, and Council Members Price and DeLeon were present 50 Regular City Council Meeting January 12, 2007 Mayor Miller reconvened in regular session. I3e then stated that Council would recess to Overton Centre, where under Item 2.5, an announcement would be made (in open session) as it relates to business development. 2:50 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Miller adjourned the meeting. � � 9 ', Read and approved this -J " day of �,(�� , 200� - �Liu uur�� or Pro Tem Gilbreath ATTEST: � Reb ca Garza, City Secretary 51