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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/13/2002CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING June 13, 2002 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 13th day of June, 2002, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Councilmember Gary O. Boren; Councilmember Alex "Ty" Cooke, Councilmember Tom Martin, Councilmember Frank W. Morrison, Councilmember T.J. Patterson Absent: No one was absent. CITIZEN COMMENTS ( 1.) Presentation by Diane Easter regarding the lease of City Land Application property (10 minutes). The Country Store is located on City owned property adjacent to an effluent irrigation site near the community of Ransom Canyon. Frank Gray and Abraham Matthews executed the original lease some 25 years ago. When the City purchased the land in the mid 1980's, the City allowed the lease to remain in effect. Since 1995, there have been three lessees with the most recent being Paul and Diane Easter. The current lease expires in March 2003 and City staff has recommended that the lease not be renewed for the following reasons: 1. The store is located in close proximity to an effluent irrigation site. However, there is currently nothing requiring a buffer zone between a business and the effluent application. 2. The current lease agreement does not require that the City be notified when the lessee changes. 3. The annual lease payment is $1,265.63. Since the store is located in an area with groundwater nitrates exceeding TNRCC requirements and serves the public, the City furnishes the store with a reverse osmosis unit for water treatment at a cost of $600 per year. Administration of the contract is estimated to cost at least $600 per year in staff and legal fees. The City realizes no significant net income from this operation. Ms. Easter appeared before Council and thanked them for the opportunity to speak. She also stated she would be reading her statement to the Council. This statement included a characterization of her deceased husband and description of their effort in starting the business. After her husband's death, she found a couple that wanted to buy the store. After she received the letter from the City, they decided not to buy it. She stated that now the City wanted to give her a. new lease. Ms. Easter stated that before she told Council what she was going to do, she requested two things: 1. That the Council honor this last year's lease as long as Mr. Moore wishes to stay or up until February 13, 2003; 2. That she receives what is personally hers out of that store at that time. She stated it had been a pleasure doing business with the City and she had no regrets. Regular City Council Meeting June 13, 2002 Page 410 Mayor McDougal related that he did not think the City has any intentions other than to honor the lease through March of next year and that Ms. Easter had indicated to him earlier that she did not wish to renew the lease. Ms. Easter stated she couldn't go back to the store and gave back the store keys and left the meeting. She said the City sent her the letter stating that the store was no longer hers and she was going to hold them to it. She also requested that her son be allowed to hand a pamphlet to Council members. Councilmember Boren spoke concerning this matter. He thinks the workers at the City farm do an excellent job and what is required in the best interest of the City. He stated there is a "letter of the law" and a "spirit of the law" and as leaders must be very careful, we cannot put any kind of small business in a situation depriving them from making a living. He also stated that we could not be heavy handed with little businesses that look to Council for a chance to survive. He implored the Council to be very sensitive. Mayor McDougal stated he met with Ms. Easter and that she had received the letter not renewing the lease thirteen months prior to the expiration of the lease and the time frame to send the letter was one year prior to expiration. He stated that she did not want to renew the lease. Councilmember Hernandez remarked that we were not netting anything off the lease and months earlier Council consensus was not to extend the lease. He stated that at the time he had not heard both sides of the story and if he had it might or might not have changed his mind. He suggested that Council could change their way of doing business not just to have staff perspective, but the other side as well and rethink how they do business. Councilmember Hernandez also stated that Mayor McDougal was correct in summarizing her position. Currently Ms. Easter does not want the lease renewed. So to him, it becomes a moot point at this time and he didn't get any indication from her that Council really shouldn't be doing anything different than what they had started to do. Councilmember Martin suggested that Ms. Easter had delivered the keys and apparently the lease was terminated. She had indicated that she wanted to be able to get her personal property out of the store. Councilmember Martin said that we should not just go out there and bulldoze the property. We should work with her to get her things. Mayor McDougal said he thought the same thing, but that she had asked them to honor the lease through the end of February and he didn't know why Council already had the keys. Anita Burgess, City Attorney, stated she would talk to Ms. Easter's attorney to determine her intent as she had indicated she wanted the lease to remain in place until March 1, 2003 and she had already delivered the keys. Gene Shotts, Ms. Easter's attorney, appeared and said Ms. Easter had the building under contract to be sold, but the buyers did not want it after she received the letter from the City. He felt she intended to keep the store until termination. Staff recommends that the current lease be allowed to expire and that the structure be removed from City property. 410 Regular City Council Meeting June 13, 2002 Page 411 EXECUTIVE SESSION Mayor McDougal stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (electric utilities); to deliberate and discuss strategic and business plans and studies; capital improvements and project plans and studies; financial, accounting and statistical data and plans; and debt allocation strategies, plans and studies of Lubbock Power and Light (electric utilities); pending or contemplated litigation (Business/Neighborhood Development; Planning; Stormwater Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Water Utilities); to deliberate the deployment, or specific occasions for implementation of security personnel or devices at the City of Lubbock Municipal Buildings; and to discuss or deliberate regarding commercial or financial information received from, and to deliberate the offer of a financial or other incentive to, a business prospect with which the economic development negotiations are being conducted. 7:50 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. (2•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager). ( 3•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to deliberate and discuss strategic and business plans and studies; capital improvements and project plans and studies; financial, accounting and statistical data and plans; and debt allocation strategies, plans and studies of Lubbock Power and Light. (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Business/Neighborhood Development; Planning; Stormwater Utilities). (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Citizens Traffic Commission Community Development and Services Board South Plains Association of Governments Youth Commission -Adults (6.) 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 (Water Utilities). (7.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.076, to deliberate the deployment, or specific occasions for implementation of security personnel or devices at the City of Lubbock Municipal Buildings. 411 Regular City Council Meeting June 13, 2002 Page 412 (8.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.087, to discuss or deliberate regarding commercial or financial information received from, and to deliberate the offer of a financial or other incentive to, a business prospect with which the economic development negotiations are being conducted. 9:35 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. (9.) Presentation regarding regional meetings with elected officials and business leaders from area cities. Frank Morrison, City Council member, District Four (15 minutes) During the past two years, Councilmember Morrison has gone to several regional cities and met with local elected officials, school district superintendents, chamber officials and business leaders. The purpose of these visits was to start a dialogue on how Lubbock can be a better regional partner. Council member Morrison met with Plainview, Brownfield, Levelland, Sundown, Littlefield, Slaton, and towns within Lubbock County. Councilmember Morrison addressed the issues and comments that were generated by these regional discussions. (10.) Presentation on Fire Department staffing analysis as a result of Senate Bill 382 and the issuance of the national consensus standard-NFPA 1710. Steve Hailey, Fire Chief (30 minutes) One of the bills passed last session by the State Legislature was SB 382. This bill broadened the areas of regulation and enforcement that the Texas Commission on Fire Protection exercises over all paid fire departments in the state. Most of the additional areas of enforcement that this bill added do not impact the Lubbock Fire Department, as they were being done prior to passage of the bill. However, there is one area that will impact the operation of the fire department. All paid fire departments in the state must now follow the OSHA Standard requiring four firefighters to be assembled on the fire ground, prior to the initiation of any interior fire attack on a structure fire. The Fire Department will continue to comply with this requirement, however, due to staffing issues, there will be some adverse impacts. These negative impacts will be in the form of increased fire losses and the potential for an increase in deaths and injuries to civilians, on a certain percentage of all structure fires. Also during the last year, the National Fire Protection Association issued a consensus standard known as NFPA rks that all710. sstandard fire departments hou d certain operating and staffing bench1 follow. The Lubbock Fire Department staffingld be requirements. However, Howevermeet l requirements, with the exception of this standard has not been adopted by the State, ss simply a national therefore is not a mandatory standard that must be followed consensus standard. Staff recommended approval of a staffing plan that would allow compliance with the OSHA standard on all structure fires, to minimize the impact on fire losses. 10:55 A. M. WORK SESSION RECESSED 11:04 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Councilmember Gary or Marc McDougal, Mayor Pro Tem Victor " Hernandez,Cooke, Present: May O, Boren, Councilmember Alex Ty Councilmember Tom Martin, Councilmember Frank W . Morrison, 412 Regular City Council Meeting June 13, 2002 Page 413 Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: No one was absent. Mayor McDougal called the meeting to order at 11:04 A. M. (11.) Invocation by Pastor Tom Lakey, First Assembly of God (12.) Pledge of Allegiance to the Flag. BOARD APPOINTMENTS RECOGNITION Citizens Traffic Commission Receiving: Robert Giovannetti Keep Lubbock Beautiful Advisory Committee Receiving: April Howell (unable to attend) Libraries Board Receiving: Beth George North and East Lubbock Development Commission Receiving: Gary Lawrence, Chair (unable to attend) Randy Andrews Isaac Garnett (unable to attend) Greg Garrison (unable to attend) Jim Gomez Wayne Havens Dr. Heenan Johnson, II Esther Sepeda Irasema Velasquez CITIZEN APPEARANCES (13.) Presentation of a Special Recognition to Gertie Jeter, Penny Mason, Karen Malouf, and Phyllis Jones for their patriotic contribution to our community and for raising $100,000 for the Freedom Fountain in Huneke Park. Gertie Jeter, Financial Officer for Civic Lubbock, Inc.; Penny Mason, Keep Lubbock Beautiful Board Chair; Karen Malouf, Immediate Past President for Keep Lubbock Beautiful; and Phyllis Jones, Parks and Recreation Chairman, spent four months raising $100,000 for the Freedom Fountain in Huneke Park. The Freedom Fountain demonstrates the patriotism that Lubbock residents feel toward the United States and pays respect to all the brave men and women who have served in the armed forces representing our country. Approximately 9,125,000 cars pass by Huneke Park every year making it the ideal spot for the fountain as many residents and visitors will view it every year. Presentation of a Special Recognition was made to Gertie Jeter, Penny Mason, Karen Malouf, and Phyllis Jones for taking the initiative in the efforts creating the Freedom Fountain in Huneke Park. Karen Malouf expressed that it was an honor to work with all the boards and citizens to attain this goal. Gertie Jeter stated how much they appreciated City of Lubbock employees who participated in the fountain area. She commended the Parks and Recreation and Civic Center employees. She recognized Civic Lubbock, Inc. employees. Also she extended her appreciation to Mayor McDougal, Councilmembers Patterson, Martin and Boren, and City Attorney Anita Burgess for attending the ceremony. She especially recognized Tommy Gonzales, Assistant City Manager for his foresight and his Executive Assistant, Duffy Hinkle for the her hard work. 413 Regular City Council Meeting June 13, 2002 Page 414 (14.) Presentation of a Proclamation to the Juneteenth Celebration Committee commemorating June 14-15, 2002 as Lubbock Emancipation Juneteenth Days. (15.) Lubbock has officially celebrated Juneteenth for the past 22 years. On June 19, 1865, Major General Gordon Granger landed at Galveston Bay, Texas, and proclaimed that all slaves are free as outlined in the Emancipation Proclamation. This announcement sparked spontaneous freedom celebrations across Texas and the Southwest and is still celebrated today. This year's Juneteenth Celebration will consist of the following activities: June 14, 2002 Juneteenth Kick -Off Reception and 6:30-8:00 p.m. Delta Sigma Theta Sorority's "Man and Woman of the Year" Awards: Mae Simmons Community Center June 15, 2002 Health Walk (during parade): 10:00 a.m. United Supermarket Parking Lot — Parkway Drive June 15, 2002 Parade -Parkway Drive: Starts at United 10:00 a.m. Supermarket and ends at Dunbar Historical Preservation Lake June 15, 2002 Activities include opening ceremony, 12:00 noon to entertainment, children's games, and 8:00 p.m. food booths Eddie Richardson, President, Anthony Jones, Vice President of the Juneteenth Celebration Committee, and Bobby Morris who is in charge of the parade accepted a proclamation commemorating June 14-15, 2002, as Lubbock Emancipation Juneteenth Days. CONSENT AGENDA (Items No. 15-36) Motion was made by Councilmember Hernandez, seconded by Councilmember Morrison to approve Items 16-20, 23-25, 27-32, 34-36 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Approval of Minutes: May 23, 2002 Regular City Council Meeting This item was moved to Regular Agenda and considered following Item No. 36. Councilmember Martin had asked this item to be pulled after noting that Item No. 52 of the above minutes should be corrected to read " to appoint Beth George, President of the Friends of the Library, to the Library Board." Also a wrong name and year was entered at the end of the minutes and both were corrected. Motion was made Councilmember Martin carried: 7 Yeas, 0 Nays. by Councilmember Cooke, seconded by to approve Item No. 15 as corrected. Motion Councilmember Martin also stated he would like for the minutes to reflect not only what the staff says, but also the councilmember statements. Councilmember Cooke mentioned that there was a permanent record of everything that is said on the tapes. Next item to be considered was Item No. 21. 414 Regular City Council Meeting June 13, 2002 Page 415 (16.) ORDINANCE #2002-00063-Amending Chapter 28 of the Code of Ordinances of the City of Lubbock, with regard to updating the Water Conservation and Drought Contingency Ordinance (second and final reading). ORDINANCE NO.2002-00063 AN ORDINANCE ADOPTING A CITY OF LUBBOCK WATER CONSERVATION PLAN AND DROUGHT CONTINGENCY PLAN; TO PROMOTE WISE AND RESPONSIBLE USE OF WATER; ESTABLISHING CRITERIA FOR THE DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES RELATED TO DROUGHT OR SHORTAGES; PROVIDING A PENALTY OF NOT LESS THAN TEN DOLLARS ($10.00) PER DAY NOR MORE THAN TWO HUNDRED DOLLARS ($200.00) PER DAY FOR EACH DAY OF NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY PLAN, AND/OR DISCONNECTION OR DISCONTINUANCE OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY PLAN AND WATER CONSERVATION PLAN; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING. (17.) ORDINANCE #2002-00066-ZONE CASE NO. 2929 (south of Cornell Street and east of Frankford Avenue): Request of Hugo Reed and Associates, Inc. (for Kyle Zahn) for a zoning change from R-1 to GO on an unplatted 6.51 acre tract of land out of Section 1 (second and final reading). ORDINANCE NO. 00066 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2929; A ZONING CHANGE FROM R-1 TO GO ZONING ON AN UNPLATED 6.51 ACRE TRACT OF LAND OUT OF SECTION 1, Block J-S, LUBBOCK,TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. (18.) ORDINANCE #2002-00067-ZONE CASE NO. 1864-F (southeast corner of 34`h Street and LaSalle Avenue): Request of John W. Nelson for a zoning change from A-2 to R-2 on Tract A-1 (less south 69.59 feet), Park Lorraine Addition (second and final reading). ORDINANCE NO. 2002-00067 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1864-F A ZONING CHANGE FROM A-2 TO R-2 ZONING ON TRACT A-1, LESS THE SOUTH 69.59 FEET, PARK LORRAINE ADDITION, LUBBOCK,TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. (19.) Ordinance No. 2002-00070 abandoning and closing a 4-foot Underground Utility Easement and a 4-foot by 6-foot Transformer Pad Easement for Lubbock Power & Light located in Lot 89-A in the Ridgewood II Addition to the City of Lubbock (6510 21" Street) (first reading). ORDINANCE NO. 2002-00070 AN ORDINANCE ABANDONING AND CLOSING A 4 FOOT UNDERGROUND UTILITY EASEMENT AND A 4 FOOT BY 6 FOOT TRANSFORMER PAD EASEMENT FOR LP&L LOCATED IN LOT 89-A, IN THE RIDGEWOOD II ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE 415 Regular City Council Meeting June 13, 2002 Page 416 OFFICIAL MAPS OF THE CLOSING; PROVIDING PUBLICATION. CITY TO REFLECT SAID ABANDONMENT AND . SAVINGS CLAUSE; AND PROVIDING FOR These two Lubbock Power and Light easements are being closed for replat and building purposes in the Ridgewood II Addition. These easements are located just west of Milwaukee Avenue on the north side of 21" Street and were acquired when Lot 89-A was platted. New easements will be dedicated to replace these being closed. The Right -of -Way Department recommended approval of the first reading of this ordinance. (20.) Ordinance No. 2002-00071 abandoning and closing a portion of a 20- foot Underground Utility Easement located in Lot A-1-B-4, University Pines Addition (9602 University Avenue) (first reading). 416 Regular City Council Meeting June 13, 2002 Page 417 ORDINANCE NO. 2002-00071 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20 FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT A-1-13-4, UNIVERSITY PINES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. - This ordinance abandons and closes a portion of a 20-foot Underground Utility Easement located in Lot A-1-13-4 of the University Pines Addition which is located on the west side of the 9600 block of University Avenue for building purposes. All utilities are in agreement with this closure. The Right -of -Way Department recommended the approval of the first reading of this ordinance. Next item to be considered was Item No. 23. (21.) Resolution No. 2002-RO229 providing for street improvements through an assessment paving program for Frankford Avenue from 82" Street to 981b Street and directing approval to make such improvements. This item was moved to Regular Agenda and considered following Item No. 15. RESOLUTION NO. 2002-RO229 RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF A STREET IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARIES OF SAID CITY AND DIRECTING APPROVAL TO MAKE SUCH IMPROVEMENTS AS LISTED BELOW: WHEREAS, the City Council of the City of Lubbock by Resolution No. 2001- R0393 passed on October 11, 2001, in regular session of City Council, declared a necessity for and ordered the improvement of those certain highways, streets, and avenues or portions thereof in the City of Lubbock, Lubbock County, Texas, as more particularly described hereafter, by excavating, grading and paving the same, and by the construction of drainage facilities herein, and by the construction of curbs and gutters wherein curbs and gutters are not now in place, and directed the City Engineer to prepare plans and specifications for said improvements; and WHEREAS, the plans and specifications for the improvements of said highways, streets, and avenues have now been duly approved by the City Council of the City of Lubbock, Lubbock County, Texas; and WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock County, Texas, to be necessary and in the public interest to make the improvements herein designated on those certain highways, streets, and avenues or portions thereof; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT improving the hereinafter described highways, streets, and avenues or portions thereof located within the City of Lubbock by excavating, grading and paving the surface thereof and the construction of drainage facilities therein, as well as the necessary curbs and gutters, which are not now in place, is hereby found to be a necessity. SECTION 2. THAT the cost of making such improvements shall be partly paid for by the City of Lubbock and partly by the owners of property abutting upon the hereinafter described highways, streets, and avenues or portions thereof which are hereby ordered to be improved, and the cost to be paid by the owners shall be a personal liability and charge against the true owners of such property after public hearing, all in 417 Regular City Council Meeting June 13, 2002 Page 418 accordance with and as required by Subchapter D of Chapter 314 of the Texas Transportation Code. SECTION 3. THAT the portions of highways, streets, and avenues which are to be improved and the abutting property proposed to be assessed for said improvements designated and defined by Unit and Sub -Unit are as follows: UNIT AND SUB -UNIT STREETS AND AVENUES 2386-005 Frankford Avenue from 82°d Street to 98`h Street SECTION 4. THAT the City Secretary be and is hereby authorized and directed to prepare a certified copy of this Resolution and to record or cause the same to be recorded in the Real Property Records of Lubbock County, Texas. SECTION 5. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 13th day of June, 2002. /S MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section This resolution is the third of five resolutions required to initiate an assessment -paving program. The proposed paving improvements are as follows: Frankford Avenue from 82" Street to 98`' Street This resolution will be filed in the Real Property Records of Lubbock County, and serves to notify anyone doing title research that an assessment on the affected properties is in progress. Staff recommended approval of this resolution. Councilmember Hernandez asked how the paving assessment program would work as Council -would be looking at other items today on like matters (Items Nos. 37 and 38) and wanted to make sure that if they were going to have a change in policy, it should be consistent. Keith Smith, Senior Civil Engineer, stated this is a standard assessment procedure followed for the past 40-50 years. The streets will be paved due to heavy traffic and new development. The money has been collected in prepaid paving for the subdivisions as they are developed and the tracts not developed will be assessed. Councilmember Morrison asked about the timing of the decision to pave and the actual paving. Mr. Smith stated the code of ordinances requires the developer pays the cost of paving at the time of development on the at'.] Regular City Council Meeting June 13, 2002 Page 419 interior streets and outside perimeter streets. There is a mechanism to delay that requirement in certain instances. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 2002-RO229 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (22.) Resolution No. 2002-RO230 directing the City Engineer to prepare and file estimates and assessment rolls for paving improvements to be included in an assessment program for Frankford Avenue from 82°d Street to 98`h Street. This item was moved to Regular Agenda and considered following Item No. 21. RESOLUTION NO. 2002-RO230 A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE AND FILE ESTIMATES, ROLLS, ETC. IN CONNECTION WITH THE PROPOSED ASSESSMENT PAVING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES IN AND ALONG THE BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the government body of the City of Lubbock as heretofore ordered and provided for the improvement of portions of sundry streets, highways and avenues in and along the boundaries of the City as designated below: UNIT AND SUB -UNIT STREETS AND AVENUES 2386-005 Frankford Avenue from 82nd Street to 98`' Street WHEREAS, it is proposed to make and levy assessments against abutting property and the owners thereof and others for a portion of the cost of such improvements; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK SECTION 1. THAT the Engineer of the City BE and he hereby directed to prepare and file with the City estimates showing the cost of improvements in each Unit, showing the description of the property abutting upon each unit with the names of the owners of such property and the amounts proposed to be assessed against each parcel of property, showing other matters and things, it being specially provided, however, that any mistake in such estimates or in amounts and in the descriptions of property or names of owners shall in no way affect, invalidate or impair any assessment which may levied. SECTION 2. THAT such estimates, rolls and statements shall show all information required to be shown thereon by the proceedings of the City relating to such improvements and the laws and charter currently in force for the City, and by the provisions of Subchapter D of Chapter 314 of the Texas Transportation Code. SECTION 3. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 13th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 419 Regular City Council Meeting June 13, 2002 Page 420 /s/ Larry Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice Section This resolution is the fourth of five resolutions required to initiate an assessment -paving program. The proposed paving improvements are as follows: Frankford Avenue from 82" Street to 98' Street This resolution directs the City Engineer to prepare assessment rolls to include affected property descriptions, owners and proposed assessment rates. Keith Smith, Senior Civil Engineer, presented staff comments. Staff recommended approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 2002-RO229 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 26. (23.) Resolution No. 2002-RO215 authorizing the Mayor to execute a lease with B & B Properties for property situated at 3410 50" Street. This item was considered following Item No. 20. RESOLUTION NO.2002-RO215 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Lease for property situated at 3410 50`' Street, by and between the City of Lubbock and B & B Properties, and related documents. Said Lease is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Becky Garza, City Secretary APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Harlan Stauffer, Facilities Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney 420 Regular City Council Meeting June 13, 2002 Page 421 A copy of the Lease is filed with Resolution No. 2002-R0215 This lease provides for B & B Properties to lease property at 3410 501h Street from the City of Lubbock for a period of five years. This property has been leased to B & B Properties since 1980. The lease agreement stipulates that B & B Properties will pay the City the sum of $220 per month for the term of the lease. At the end of the lease in 2005, there is a provision for a five-year extension. Staff recommended approval of this resolution. (24.) Resolution No. 2002-R0216 authorizing the Mayor to execute for and on behalf of the City of Lubbock a contract amendment #1 for an integrated security access and video surveillance system with ADT Security Services, Inc. for Phase III -A of the Municipal Square Renovations. RESOLUTION NO. 2002-R0216 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. 1 to the Contract dated January 27, 2000 between the City of Lubbock and ADT Security Services, Inc., for NexWatch Access Control for an integrated security access and video surveillance system - Municipal Square, 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 City Council. Passed by the City Council this 13th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Harlan Stauffer, Facilities Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Amendment is filed with Resolution No. 2002-R0216. The original contract, dated October 27, 2000 and valid until November 6, 2002, provides for the installation of an integrated video surveillance system and computerized card access system for the Municipal Square Building located at 916 Texas Avenue. This multi -phase project is funded through the General Facilities and System Improvements Capital Projects Fund, Project #9616. The first portion of the security projects included the installation of the software and hardware for the Patrol/Records Divisions. All future security/surveillance equipment must be of this manufacturer (PUR-010 & 070 provided). This will allow for a consistent operation and have one uniform security/surveillance system for this facility. 421 Regular City Council Meeting June 13, 2002 Page 422 This next portion of the security contract provides security to the Police Administration and is valued at $59,552. The overall budget for the security portion of this phase of the project is $65,000. Based on a current contract with ADT Security Services, Inc., past work experience, and the already installed original equipment, the Facilities Management Department recommends approval of this resolution. (25.) Resolution No. 2002-RO217 authorizing the Mayor to execute Amendment No. 5 to the Agreement for Professional Services between Parkhill, Smith and Cooper and the City of Lubbock for design and construction phase services for the extension of the Westport Access Road, Phase II. RESOLUTION NO. 2002-RO217 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.5 to the Agreement between the City of Lubbock and Parkhill, Smith & Cooper for Design and Construction Phase Services for the extension of the Westport Access Road, Phase II, 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 City Council. Passed by the City Council this 13th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Amendment is filed with Resolution No. 2002-R0217. In April of 1997, the City Council approved a master engineering agreement with Parkhill, Smith and Cooper (PSC) to provide design services on several projects at Lubbock International Airport. As the original agreement is structured, the City notifies the engineer that it is ready to proceed with one of the identified projects. Staff then negotiates design fees and places the fee structure before the City Council for approval in the form of an amendment to the master agreement. This agenda item involves an amendment that will authorize design work on Phase II of the Westport Access Road. Phase I was previously authorized on May 10, 2001 and has subsequently been completed. Phase I extended Westport Access Road on the west side of the airport northward from the Executive T-hangars to the Airborne and Federal Express air freight complex. Phase II will extend the road further 422 Regular City Council Meeting June 13, 2002 Page 423 northward from the air freight complex to the new Tyco manufacturing facility. The total estimated cost of this project is $662,059. The negotiated fee for preliminary and final design services is a not -to -exceed amount of $49,300 or 8.9% of the total construction budget. The negotiated fee for the construction phase services, including resident project representation (RPR) is a not -to -exceed amount of $43,400 or 7.8 % of the construction budget. The maximum fee for surveying and testing services is $17,540. The engineering fees proposed fall within the guidelines developed by the Texas Society of Professional Engineers and the Consulting Engineering Council of Texas for large construction projects. The City of Lubbock has submitted an application for a Defense Economic Adjustment Grant to fund this project. 'If the application is denied, funding for the project will come from Market Lubbock, Inc. under an agreement previously approved by the City Council. The Airport Board and staff recommended approval of this resolution.. Next item to be considered was Item No. 27. (26.) Resolution No. 2002-RO231 authorizing the Mayor to execute an extension to the parking concession agreement between APCOA/Standard Parking and the City of Lubbock. This item was moved to Regular Agenda and considered following Item No. 22. RESOLUTION NO. 2002-RO231 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 letter agreement extending to the parking concession agreement between APCOA/Standard Parking and the City of Lubbock, 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 13th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Aviation Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2002-RO231. APCOA/Standard Parking has managed the operation of the public parking lot at Lubbock International Airport since 1997. The initial term of the current automobile parking concession agreement between APCOA 423 Regular City Council Meeting June 13, 2002 Page 424 and the City of Lubbock expired May 31, 2002. This item involves the approval of a letter of agreement that documents a holdover clause under the existing agreement through August 31, 2002. During the term of this short-term extension, APCOA and the City of Lubbock will negotiate an option term, which will then be presented to the City Council for approval. The terms of the option will be retroactive to June 1, 2002. Mayor Pro Tern Hernandez questioned how the City got itself into a position to let a lease expire like this. David Jones, Deputy Director of Planning and Development, stated that as a result of 9-11, the parking industry is topsy-turvy and the City ran up against the deadline on this particular contract. His department needs more time to let the parking industry calm down and work things out . Councilmember Morrison requested a trend analysis of airport parking nationwide. Mayor Pro Tem Hernandez questioned. that if you are looking to negotiate an option term with contracts, don't they normally have to be accepted before the expiration of a contract and wouldn't this place the City in the position to rebid the contract? Bill de Haas, Contract/Manager Attorney, stated that it wouldn't as this would be a receipt of money, not an expenditure. Mayor McDougal stated that as he understood we are doing a letter of agreement that is basically month -to -month until such time as this can be renegotiated for Council's consideration or as Councilmember Hernandez asked that this be rebid and Mark Earle will need to get with Council to make that decision. Bob Cass, City Manager, stated that normally he would be far more stringent in bringing this to Council in this form, but following 9-11 and the substantial chaos in this industry they were concerned with giving themselves more time to protect the revenue strength. Mr. Cass said he would sit down with Mark Earle, Richard Casner and David Jones to discuss this matter. The Airport Board and staff recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to pass Resolution No. 2002-RO231 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 33. (27.) Resolution No. 2002-RO218 authorizing the Mayor to execute a Deed of Release, by and between the United States of America ("USA") and the City of Lubbock, providing for the release by the USA of restrictions, conditions and obligations contained in AIP grant agreements regarding a 38.98 acre tract conveyed by the City of Lubbock to Market Lubbock Economic Development Corporation. This item was considered following Item No. 25. RESOLUTION NO. 2002-RO218 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 Deed of Release between the Federal Aviation Administration, Department of Transportation ("FAA") and the City of Lubbock, and any other related documents, releasing 38.98 acres of land previously conveyed to Market Lubbock Economic Development Corporation from the conditions, restrictions, and obligations contained in any Airport Improvement Project (AIP) Grant Agreements. Said Deed of Release is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 424 Regular City Council Meeting June 13, 2002 Page 425 Passed by the City Council this 13th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra Forte Debra Forth, Deputy City Manager APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner Natural Resources Attorney A copy of said Deed of Release is filed with Resolution No. 2002-R0218. On May 9, 2002, the City Council approved an exchange of land between the City of Lubbock and Market Lubbock, Inc. to facilitate an agreement with Tyco Flow Control to build a 235,000 square foot manufacturing and distribution facility at Lubbock International Airport. The City Council approved the exchange subject to approval of the transaction by the Federal Aviation Administration, the agency that provided grant funds for the original purchase of the land in 1973. That approval has now been received in the form a Deed of Release. This agenda item involves approval of a resolution authorizing the Mayor to sign the Deed of Release. There is a separate item on this agenda regarding the Warranty Deed that transfers title to the land to Market Lubbock, Inc. Staff recommended approval of this resolution. (28.) Resolution No. 2002-RO219 authorizing the Mayor to execute a Ratification of General Warranty Deed by the City of Lubbock, ratifying a General Warranty Deed conveying a 38.98 acre tract to Market Lubbock Economic Development Corporation. RESOLUTION NO. 2002-RO219 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 Ratification of General Warranty Deed, and any other related documents, ratifying that certain General Warranty Deed, dated June 6, 2002, conveying that certain 38.98 acre tract to Market Lubbock Economic Development Corporation, a Texas not -for -profit corporation. Said Ratification of General Warranty Deed 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 13th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 425 Regular City Council Meeting June 13, 2002 Page 426 APPROVED AS TO CONTENT: /s/ Debra Forte Debra Forte, Deputy City Manager APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner Natural Resources Attorney A copy of the Ratification of General Warranty Deed is filed with Resolution No. 2002- R0219. On May 9, 2002, the City Council approved an exchange of land between the City of Lubbock and Market Lubbock, Inc. to facilitate an agreement with Tyco Flow Control to build a 235,000 square -foot manufacturing and distribution facility at Lubbock International Airport. The transaction requires ratification of a General Warranty Deed to transfer 38.98 acres of land on Lubbock International Airport to Market Lubbock, Inc. This agenda item involves approval of a resolution authorizing the Mayor to sign the Ratification of General Warranty Deed. The conveyance requires approval from the Federal Aviation Administration. That approval has been received, and is the subject of a separate item on this agenda. Staff recommended approval of this resolution. (29.) Resolution No. 2002-R0220; Resolution No. 2002-R0221/BID #082- 02/BM-€or Turf Maintenance for Water Production and Treatment (Water Production and Treatment). RESOLUTION NO. 2002-RO220 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for turf maintenance - annual pricing, by and between the City of Lubbock and Lively's Lawncare & Water Features of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney 426 Regular City Council Meeting June 13, 2002 Page 427 A copy of the Contract is filed with Resolution No. 2002-R0220. RESOLUTION NO. 2002-RO221 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for turf maintenance - annual pricing, by and between the City of Lubbock and AAA Landscaping & Lawn Care of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-RO221. This bid establishes annual pricing for contract turf maintenance for the Water Production & Treatment Department. Turf maintenance includes mowing, edging, and trimming at the Water Treatment Plant, Terminal Storage Reservoir, and remote pump stations and well sites. The contracts are separated into four classes depending on the frequency of maintenance and type of mowing equipment to be used: Class A: Front office at the Water Treatment Plant; 20 cycles at 0.13 acres/cycle Class B: Three pump stations and two elevated storage tanks; 20 cycles at 4.5 acres/cycle Class C: Four pump stations, and eight various other sites; 20 cycles at 32.5 acres/cycle Class D: Water Treatment Plant drying beds and Terminal Storage: 5 cycles at 20.5 acres/cycle Low bids are from the following companies: AAA Landscaping & Lawn Care of $42,000 Lubbock, TX Lively's Lawn Care & Water Features of $11,100 Lubbock, TX 427 Regular City Council Meeting June 13, 2002 Page 428 Luis Gonzales Yard -Weed Mowing $2,250 Contractor of Lubbock, TX The low bids total $55,350 and are within the Land Maintenance Trees budget. (30.) Resolution No. 2002-R0222; BID #085-02/RS-for Garden & Arts Center Interior Renovations (Facilities Management). RESOLUTION NO. 2002-RO222 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the Garden & Arts Center interior renovations, by and between the City of Lubbock and Pharr & Company of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary Regular City Council Meeting June 13, 2002 Page 429 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-RO222. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 13th day of June, 2002, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Pharr & Company, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #085-02/RS - Garden & Arts Center Interior Renovations - $44,914.00 _ and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR 429 Regular City Council Meeting June 13, 2002 Page 430 APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Jackie Norrell CONTRACTOR: Pharr & Company By: /s/ Jimmy R. Pharr PRINTED NAME: Jimmy R. Pharr TITLE: President COMPLETE ADDRESS: Pharr & Company P. O. Box 2791 Lubbock, Texas 79401 This project involves carpeting and painting the front office, removing the existing water fountain at the main entrance, replacing ceramic floor tile, replacing millwork and installing new electrical circuits in the kitchen, and installing new lighting in the foyer area of the Garden and Arts Center. The low bid is $44,914 from Pharr Construction Company, Inc. of Lubbock, Texas and is within the Building Capital Outlay -Garden & Arts Center Renovation budget. (31.) Resolution No. 2002-R0223; Resolution No. 2002-R0224/BID #088- 02/BM-for Water Treatment Chemicals -Annual Pricing (Water Production & Treatment). RESOLUTION NO. 2002-RO223 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 Letter of Award for water treatment chemicals - annual pricing, by and between the City of Lubbock and Carus Chemical Company of Peru, Il., and related documents. Said Letter 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 13th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney 430 Regular City Council Meeting June 13, 2002 Page 431 A copy of the Letter is filed with Resolution No. 2002-RO223. This bid establishes annual pricing for the purchase of water treatment chemicals used in the drinking water treatment process. The process of coagulation and taste and odor control are regulated by the Texas Natural Resource Conservation Commission and these chemicals are required to ensure compliance with these regulations. Low bids are from the following companies: Russ Chemical Company of Odessa, TX $124,000 Carus Chemical Company of Peru, II. $37,544 The low bids total $161,544 and are within the Water Treatment Chemical Supplies budget. (32.) Resolution No. 2002-R0225/BID #093-02/BM-for Boring Machine & Trailer (Pipeline Maintenance). RESOLUTION NO. 2002-RO225 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for a boring machine & trailer, by and between the City of Lubbock and Laney Machine, Inc. of Humble, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0225. This bid is for the purchase of a diesel powered boring machine and a flat bed trailer. This boring machine is designed to operate in excavation pits and is capable of making up to 200-foot bores in diameters of 2-inches to 26-inches. The machine will be used to bore under roadways and other structures enabling the placement of water mains, sewer mains, and any other public utility conduit. The flat bed trailer will be used to transport the boring machine and its components to and from the job site. 431 Regular City Council Meeting June 13, 2002 Page 432 Low bids are from the following companies: Laney Machine, Inc. of Humble, TX $45,565 Yellowhouse Machinery Company of Lubbock, TX $5,995 The low bids total $51,560 and are within the Major Equipment Replacement budget. Next item to be considered was Item No. 34. (33.) Resolution No. 2002-R0232/BID #096-02/BM-for Pump Installation at the Lubbock Water Reclamation Plant (Public Works). This item was moved to Regular Agenda and considered following Item No. 26. RESOLUTION NO. 2002-RO232 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the pump installation at the Lubbock Water Reclamation Plant, by and between the City of Lubbock and Brown -McKee, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-R0232. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 13th day of June, 2002, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Brown -McKee, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR 432 Regular City Council Meeting June 13, 2002 Page 433 hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #096-02/BM - Pump Installation at the Lubbock Water Reclamation Plant - $$196,655.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Peggy Young CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc; McDougal MAYOR CONTRACTOR: Brown -McKee, Inc. Bv: /s/ Joe Ramirez PRINTED NAME: Joe Ramirez TITLE: Mike P. Oles, President COMPLETE ADDRESS: Brown -McKee, Inc. 1717 Avenue K, Ste 203 Lubbock, Texas 79401 This bid is for the purchase and installation of two vertical turbine pumps and motors to be installed at the Southeast Water Reclamation Plant. The pumps and motors are necessary for the expansion of the distribution system for the plant's effluent water. The addition of these pumps and motors will help achieve Texas Natural Resource Conservation Commission compliance for water discharge to the Lubbock and Hancock Land Application Sites and will allow for stream discharge. The estimated increase in discharge volume will require these additional pumping improvements. The time for completion specified in the bid documents was 49 consecutive days. Both bidders for this project have indicated that, due to equipment lead-time of eight weeks, the 49-day requirement cannot be met. It is staff's opinion that both bidders can perform the work in an equal amount of time. Consequently, it is staff's recommendation to award the bid to Brown -McKee of Lubbock, Texas for their alternate bid with a 12-week completion time as shown on the tab sheet. 433 Regular City Council Meeting June 13, 2002 Page 434 The low bid is $196,655 from Brown -McKee, Inc. of Lubbock, Texas and is within the Southeast Water Reclamation Plant budget. Councilmember Martin asked if this would help the land application problem on East 50`h. Bob Cass, City Manager, told him it would. Motion was made by Councilmember Cooke, seconded by Councilmember Martin to pass Resolution No. 2002-RO232 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item No. 37. (34.) Resolution No. 2002-R0226/BID #097-02/RS-for Information Technology Department Interior Painting & Carpet Replacement (Facilities Management). This item was considered following Item No. 32. RESOLUTION NO. 2002-RO226 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the Information Technology Department interior painting & carpet replacement, by and between the City of Lubbock and Wardroup & Associates of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of June, 2002. /S/ MARK MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-R0226. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 13th day of June, 2002, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Wardroup & Associates, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the 434 Regular City Council Meeting June 13, 2002 Page 435 conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #97-02/RS - City of Lubbock Information Technology Department Interior Painting & Carpet Replacement - $37,756.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) ATTEST: /s/ Marc; McDougal /s/ Rebecca Garza MAYOR Secretary APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer CONTRACTOR: Owner's Representative Wardroup & Associates, Inc. APPROVED AS TO FORM: By: /s/ Dennis W. Wardroup /s/ William de Haas City Attorney PRINTED NAME: Dennis W. Wardroup TITLE: President ATTEST: Corporate Secretary COMPLETE ADDRESS: Wardroup & Associates, Inc. /s/ 4408 Brownfield Drive Lubbock, Texas 79410 This project involves installing new carpet throughout the Information Technology Department and painting the interior walls, doors and frames. Other work will include installing vinyl composition tile in selected areas, oil treating selected walls and millwork., and refinishing the toilet partitions. The low bid is $37,756 from Wardroup & Associates of Lubbock, Texas and is within the Building Capital Outlay -Information Technology Renovation budget. (35.) Resolution No. 2002-R0227/BID #099-02/RS-for Chemical Toilet Rental -Annual Pricing (Purchasing). RESOLUTION NO. 2002-RO227 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK 435 Regular City Council Meeting June 13, 2002 Page 436 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 Letter of Award for chemical toilet rental - annual pricing, by and between the City of Lubbock and Berryhill Sewer Service, Inc. of Lubbock, Texas, and related documents. Said Letter 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. 436 Regular City Council Meeting June 13, 2002 Page 437 Passed by the City Council this 13th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Letter is filed with Resolution No. 2002-R0227. This bid establishes annual pricing for the rental of chemical toilets on an as -needed basis. Various City of Lubbock departments will utilize this contract for their maintenance, construction, and program requirements. This contract term is for one year with an option to renew annually for up to two additional one-year terms. The low bid is $11,850 per year from Berryhill Sewer Service, Inc. of Lubbock, Texas and is within the operating budget of the various departments. (36.) Resolution No. 2002-R0228/BID #120-02/BM4or Refurbishment of three aircraft loading bridges (Aviation). RESOLUTION NO. 2002-RO228 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for refurbishment of three aircraft loading bridges, by and between the City of Lubbock and FMC Technologies of Ogden, Ut., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of June, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager 437 Regular City Council Meeting June 13, 2002 Page 438 APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-R0228. This is a sole source purchase for an extensive factory modification of mechanical and structural components of three aircraft loading bridges that are approximately 20 years old at Lubbock International Airport. This work can only be performed by the equipment manufacturer. One of the bridges recently suffered mechanical and structural damage due to failure. This work will be performed by FMC Airport Systems of Ogden, Utah for the contract amount of $209,762. This amount is within the Jet Bridge Refurbishment budget. Staff recommends award of each bid to the bidder as indicated on the tab sheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. Next item to be considered was Item No. 15. ORDINANCES FOR PASSAGE Second Readings (37.) Ordinance #2002-00068-Assessments for paving improvements on the Milwaukee Avenue Paving Assessment (second of three readings). This item was considered following Item No. 33. ORDINANCE NO. 2002-00068 AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING STREET: MILWAUKEE AVENUE FROM FM 2255 (4TH STREET) TO 34TH STREET SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF, AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS ON EVIDENCE HEREOF, ALLOCATING FUNDS. On May 23, 2002 the City Council conducted a public hearing to consider a paving assessment for a portion of Milwaukee Avenue, and conducted the first of three readings required for the paving assessment ordinance. After the public hearing, the Council made the following decisions relative to the street. Parcels 1 (Walter Mantooth), 15 (Doug Corley), 34 (Scott MacKenzie), and 47 (Ron Betenbough), which are unplatted, will be assessed at the recommended rate of $73.11 per linear foot. Payment of the assessment for these properties is to be delayed until such time as the properties are platted, with no interest charges. At the time each property is platted the assessment amount will be due in full. At the Council's request, the economic effect of delaying payment of these four assessments has been determined by the City Finance Department based on some broad assumptions. The analysis indicates the City will lose $9,813.06 in investment revenue and $23,909.66 in interest for normal assessment payouts over four years, for a total of $33,722.72 in deferred interest revenue as a result of the delayed payments. Following is the financial analysis as calculated by the Finance Department. •- Regular City Council Meeting June 13, 2002 Page 439 Deferral of Paving Assessment Collections Deferral of Paving Assessment Collections Parcel 47 - Betenbough - NE corner of 19th & Milwaukee - 3 years = 33,630.60 Parcel 15 - Corley - NW corner of 19th & Milwaukee - 4 years = 15,937.98 Parcel 34 - Mackenzie - SE corner of 4th & Milwaukee - 5 years = 51,908.10 Parcel 1 - Mantooth - SW corner of 4th & Milwaukee - 5 years = 47.958.70 Lost Investment Amount Yield Outstanding Q 4.55% Year 1 29,887.08 1,359.86 Year 2 59,774.15 2,719.72 Year 3 56,030.63 2,549.39 Year 4 69,979.72 3,184.08 Year 5 - - Total Interest 9,813.06 Total Deferred Amount Interest Interest Outstanding @ 4.9% Revenue 149,435.38 119,548.30 5,857.87 7,217.73 89,661.23 4,393.40 7,113.12 59,774.15 2,928.93 5,478.33 29,887.08 1,464.47 4,648.54 14,644.67 24,457.72 Amount Yield Amount Interest Deferred Outstanding @ 4.55% Outstanding 0 8.0% Interest Revenue 149,435.38 Year 1 29,887.08 1,359.86 119,548.30 9,563.86 10,923.73 Year 2 59,774.15 2,719.72 89,661.23 7,172.90 9,892.62 Year 3 56,030.63 2,549.39 59,774.15 4,781.93 7,331.33 Year 4 69,979.72 3,184.08 29,887.08 2,390.97 5,575.04 Year 5 - - - - Total Interest 23,909.66 33,722.72 9,813.06 Parcel 17 (C & S Development) is to be assessed at the recommended rate of $42.74 per linear foot. Parcel 77 (Mary E. Clements, et al) is to be assessed at the recommended rate of $45.70 per linear foot. These two parcels have been previously platted. Payment of the assessment for these two properties will be due at the time the paving improvements are completed, and may be paid in full or in 5 annual payments at 8 % interest. The Council voted not to assess the remaining parcels, which are zoned residential, are below high-water of a lake, or have previously deposited prepaid paving with the City. The Milwaukee project was designed, bid and is being constructed by the Texas Department of Transportation (TxDOT). The appraisal rates to be assessed against the abutting properties are less than the City's participation in the costs of the project. For the second reading, staff recommended approval of the ordinance with the assessment rates as indicated above. At a future meeting the Council will consider the third and final reading of the ordinance. Councilmember Hernandez had asked at May 23, 2002 Council meeting to be furnished with information which he has not received. Bob Cass, City 439 Regular City Council Meeting June 13, 2002 Page 440 Manager, asked that he clarify this question. Councilmember Hernandez stated that we have prepaid monies and paving assessment monies and the project isn't always completed at that time, but at a future date. Therefore, we have a pool of funds as a result of this that is used to pave other streets, or are they kept separate? Keith Smith, Senior Civil Engineer, stated it was kept in separate accounts. Bob Cass, City Manager, said research would be done and would be brought before Council at a later work session. Mayor McDougal stated that this would include (1) delaying assessments until platting and (2) no assessments on current residential homes. Motion was made by Councilmember Patterson, seconded by Councilmember Martin to pass on second reading Ordinance No. 2002- 00068 as recommended by staff. Motion carried: 6 Yeas, 1 Nays. Councilmember Hernandez voted Nay. (38.) Ordinance #2002-00069-Adopting the 2000 International Residential Code with local amendments (second and final reading). ORDINANCE NO.2002-00069 AN ORDINANCE ADDING ARTICLE VI OF CHAPTER SIX OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH REGARD TO ADOPTING THE 2000 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE AND PROVIDING FOR CERTAIN AMENDMENT IN ORDER TO MEET LOCAL CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. THIS ORDINANCE SHALL TAKE PRECEDENT OVER ALL OTHER PORTIONS OF CHAPTER 6 IN REGARD TO ONE AND TWO FAMILY DWELLNGS EXCEPT FOR THE ADMINISTRATIVE PROVISIONS. Late in preparing the International Residential Code, it was discovered there were five printings of the document. Therefore, we have added the clarification that we are adopting the fifth printing. Most of the differences in the various printings are clerical in nature. In our first reading document in Section 6-304 there was a typographical error; "cave" should have read "eave" . Section 6-305 had new language clarifying lighting requirements for stairways. Section 6-306 corrected a numbering error by clarifying when glass is required to be impact resistant in bathrooms (less than 60" from tub enclosure). Section 6-307 deleting the word floor in R310.1. Section 6-312 had the change to the wrong paragraph. Section 6-331 R403.1 changed the word "depth" to "width". Section 6-351 was changed by adding delete R703.7.6. The changes between the printings may be found on the Internet at http://www.inticode.org/codes/errata/032902irc5.PDF. Staff recommends approval of the ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Martin to pass on second and final reading Ordinance No. 2002-00069 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. ADMINISTRATIVE SERVICES Materials Management ..E Regular City Council Meeting June 13, 2002 Page 441 (39.) Resolution No. 2002-R0233/BID #061-02/RW-for Automatic External Defibrillators (Human Resources). RESOLUTION NO. 2002-RO233 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for automatic external defibrillators, by and between the City of Lubbock and Phillips Medical Systems of Seattle, Wa., and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of June, 2002. /S/ MARK MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0233. This bid is for the purchase of 63 automated external defibrillators and wall cabinets that will be strategically distributed throughout several municipal facilities for use by both City of Lubbock personnel and private citizens to help treat victims suffering cardiac arrest. These defibrillators are designed for simple operation, rugged and durable construction, low maintenance, portable and lightweight, and data management friendly. The low bid is $119,385 from Philips Medical Systems of Seattle, Washington and is within the Self Insurance Fund Medical Supplies budget. Staff recommends award of the bid to the bidder as indicated on the tab sheet and award of the contract as shown on the resolution and that the Mayor be authorized to execute all documents necessary for this transaction. Motion was made by Councilmember Martin, seconded by Councilmember Cooke to pass Resolution No. 2002-RO233 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. PUBLIC SAFETY Fire (40.) Resolution No. 2002-RO234 authorizing the City Manager to execute a lease agreement with South Plains College, allowing the utilization of the fire training facilities owned by the City of Lubbock. RESOLUTION NO. 2002-RO234 441 Regular City Council Meeting June 13, 2002 Page 442 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract between the City of Lubbock and South Plains College to provide the use of the "Lubbock Fire Training Facility" to train students for basic fire suppression certification. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of June, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Steve Hailey Steve Hailey, Fire Chief APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2002-R0234. The Lubbock Fire Department has been working with South Plains College to develop a joint firefighter certification program. Once completed this program will allow the Fire Department to hire only certified firefighters, which will provide a cost savings to the city by not having to pay new firefighters while they are being trained, as well as other benefits. The concept is being utilized by more and more cities across the State. In order for the College to hold these classes, they must have, or have access to, an approved training facility, as per the Texas Commission on Fire Protection rules. This lease agreement will satisfy that requirement. Terms of the lease agreement include the payment of $350 per month to the City of Lubbock. 12:10 P.M. Councilmembers Cooke left the dais 12:11 P.M. Councilmember Boren left the dais. 12:15 P.M. Councilmember Boren returned. 12:17 P.M. Councilmember Martin left the dais. The Fire Department recommended approval of this resolution. Mayor Pro Tern Hernandez had some concerns that using different instructors, i.e. off -duty fire fighters and South Plains College instructors, would cause inconsistencies in training, quality, and in using city owned facilities to train students that might go to other cities. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to pass Resolution No. 2002-RO234 as recommended by staff. Motion carried: 4 Yeas, 1 Nays. Councilmember Hernandez voted Nay. Councilmembers Cooke and Martin were away from the dais. 12:19 P.M. Councilmember Cooke returned to the dais. MISCELLANEOUS 442 Regular City Council Meeting June 13, 2002 Page 443 Budget and Research (41.) Resolution No. 2002-R authorizing the Mayor to make changes to the City of Lubbock FY 2001-02 General Fund Operating Budget to accommodate changes to selected user fees. This item was continued until August 8, 2002 City Council Meeting. The Revised General Fund Budget approved by the City Council on May 23, 2002 included use of fund balance of $100,000. This use of fund balance was needed to assist in balancing the General Fund budget after the City Council decided that no user fees would be changed at that time. Changes approved by the City Council on user fees today would essentially reduce the need to use the $100,000 fund balance. The amount to be received if all recommended fee changes were implemented would be approximately $400,000 annually. The attachment shows a $100,000 reduction in utilization of fund balance, along with an increase in revenue of $100,000 to accommodate the additional. monies to be collected as a result of changes to the user fees. Included as a loose attachment is a packet outlining staff suggested increases in various user fees. This is the same information provided at your last meeting. Staff will be prepared to discuss these fully on Thursday. Much of the discussion has focused on potential revenues generated by these fees. Staff fully understands, however, that you may want to discuss the philosophy behind any or all of these fees and will be fully supportive of any decision made by Council. Councilmember Boren stated he was not in favor of the user fee concept as presented to the Council. He was unhappy about using consultants instead of city employees. He also feels a fee is the same as a tax and that the city should provide a lot of these services. Councilmember Morrison asked about the capital amortization. Councilmember Hernandez was concerned that all user fees were not looked at and some programs had been cut. Bob Cass, City Manager, presented comments and stated they needed the Council's philosophy on these issues. Beverly Hodges, Director of Finances, presented staff comments Councilmember Patterson suggested Council talk about these items in budget session and get more specific. 12:23 P.M. Councilmember Martin returned to the dais. Mayor McDougal mentioned under Building Inspections Category 1, he thought they had talked about moving the fence over seven feet. Bob Cass, City Manager stated that six feet was an error and that it should be seven feet. Mayor McDougal also asked if anyone was getting the permits for these and do we need to have this. Craig Farmer, Managing Director of Planning and Transportation, said they required them, but most new home were meeting the requirements. There were also questions concerning little league fees, which are to be discussed at the budget session. Councilmember Martin mentioned this item authorized the Mayor to make changes to the budget. He asked if this resolution was passed would it allow the Mayor to make all of these changes? Anita Burgess, City Attorney, stated that in the past the City has allowed resolutions in connection with minor changes to the budget and other times they have required ordinances if deemed to be a major change. She stated they believe it to be acceptable at this time 443 Regular City Council Meeting June 13, 2002 Page 444 Councilmember Martin mentioned that at the last meeting he had suggested and the Council adopted a budget amendment to revise the budget to use fund balance, to balance the budget and put this off to a later work session which has not been held. In the budget session, he suggested that the fee changes should be incorporated into the budget process. Staff recommended approval of the resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to continue this resolution to the August 8th, 2002 City Council Meeting. Motion carried: 7 Yeas, 0 Nays. BOARD APPOINTMENTS (42.) Consider two appointments to the Transportation Policy Committee for the Lubbock Metropolitan Planning Organization. The Lubbock Metropolitan Planning Organization was established to work in conjunction with the City of Lubbock, Lubbock County and the Texas Department of Transportation to develop a coordinated, consistent road system. The Transportation Policy Committee (TCP) is the policy -making group, approving transportation plans and programs that involve federal funding issues. The Federal requirements do not require elected officials to serve on the Committee, yet they recommend that local decision -makers be included in Committee membership. Current members are Councilman Victor Hernandez and former Councilman Randy Neugebauer. The amended bylaws approved by the Transportation Policy Committee on May 26, 1998, call for "Two representatives of the City of Lubbock (including at least one elected official) —appointed by the City Council." This is a two-year appointment. At this time the Transportation Policy Committee requests the City of Lubbock City Council to appoint one elected official as a member of the Transportation Policy committee to represent the City of Lubbock and one Council appointee. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Victor Hernandez and Randy Neugebauer to the Transportation Policy Committee for the Lubbock Metropolitan Planning Organization. Motion carried: 7 Yeas, 0 Nays. (43.) Consider one appointment to the Appointments Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Eddie McBride to the Appointments Advisory Board. Motion carried: 7 Yeas, 0 Nays. (44.) Consider one appointment to the Canadian River Municipal Water Authority Board. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to reappoint Robert Rodgers to the Canadian River Municipal Water Authority Board. Motion carried: 7 Yeas, 0 Nays. (45.) Consider five appointments to the Youth Commission -Students. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Jennifer Holland, Jared Jones, James Neece, Eric Stow, and Zakary Wyatt to the Youth Commission -Students. Motion carried: 7 Yeas, 0 Nays. 12:45 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 1:30 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Patterson adjourned the meeting. ... Regular City Council Meeting June 13, 2002 Page 445 Read and approved this,day of ,c1a�- ARC NICDOUGAL, MAYOR ATTEST: — Rebecca Garza, City Secretary 445