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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/11/2002CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JULY 11, 2002 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 11" day of July, 2002, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:31 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 No one was absent. CITIZEN COMMENTS Neal Pearson, an officer of Wheelock Monterey Neighborhood Association, appeared in lieu of the evening neighborhood association meeting. Mr. Pearson spoke referencing code enforcement. He stated he had concerns with college students in rental houses and cited in particular, a house at 3306 46"' Street that is rented by three female college students. The grass is tall, garbage and litter are all over the area and young people are throwing parties at this house. Mr. Pearson was also concerned with the fact that crime is up and hopes the new police chief will help to enforce the codes. James Kinsey, owner of Lubbock Truck Sales, appeared to question the method used to award the bid for Item No. 36. He had recently acquired Young's Truck Center in order to be more effective in bidding. Mr. Kinsey is a small business with approximately 50 employees. Councilmember Hernandez requested that he return during regular agenda at 10:45 A.M. to register his concerns. Cecil Puryear appeared concerning code enforcements. He stated that picking up vehicles on private property is unconstitutional. Mr. Puryear thinks these codes are denying people the right to use their own property. Dorothy J. Nash, 2312 Cedar Avenue, spoke concerning Citibus. She stated for at least fifteen years she had been targeted by past and current employees for abuse. Most has been verbal. Other forms have been physical, psychological and financial. She has called the inspectors, supervisor and John Wilson. She requested a full investigation of her complaint and will send a certified copy of the details to the City and to John Wilson. Reggie Davis, Executive Director of African American Chamber, thanked the Council for the creation of the North and East Lubbock Commission. He also stated July V, he was appointed Incubator Business Manager with TWF, TTU, SBDC and SBA to help welfare -to- work clients get into business. This will provide them with an incubation system to take them from where they are to becoming self-sustaining individuals who can generate a livelihood. 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 Regular City Council Minutes July 11, 2002 Page 2 of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Information Technology; Lubbock Power and Light; Water 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). 8:00 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. (1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager). (2.) 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. (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Information Technology; Lubbock Power and Light; Water Utilities). (4.) 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: Lake Alan Henry and Water Supply Facilities Oversight Subcommittee (5.) 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). 9:35 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. (6.) Presentation on Ice Hockey. Mark Adams, Owner and General Manager of the Lubbock Cotton Kings (25 minutes) This presentation gave an overview of the third season of Ice Hockey in Lubbock, Texas. Highlights included a recap of last season, the importance of local corporate partnerships, recreational skating programs that focus on youth, and the Cotton Kings' involvement in the community. The presentation also covered marketing strategies and programs for the upcoming 2002/2003 Season. No action was needed on this item. 9:53 A. M. WORK SESSION RECESSED 10:30 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Councilmember Gary O. Boren, Councilmember Alex "Ty" Cooke, Councilmember Tom Martin, Councilmember Frank W. Morrison, K Regular City Council Minutes July 11, 2002 Page 3 Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: None. Mayor McDougal called the meeting to order at 10:30 A. M. (7.) Invocation by Pastor Gary Scoggins, Cathedral of Praise. (8.) Pledge of Allegiance to the Flag. BOARD APPOINTMENTS Citizens Traffic Commission Receiving: Larry Lowe Community Development and Services Board Receiving: Ronnie McClendon South Plains Association of Governments Receiving: Victor Hernandez (not presented) Tom Martin (not presented) Frank W. Morrison (not presented) Youth Commission -Adults Receiving: Laura Garcia LaCarl Richardson (unable to attend) ( 9•) Presentation of a Special Recognition to Project B.L.A.S.T. sponsor churches commemorating August 17, 2002, as Project B.L.A.S.T. Day. Loving Vine Worship Center and Divine Love Baptist Church started a tradition three years ago by joining forces for a community picnic at Joyland Amusement Park. These churches have different cultural and ethnic backgrounds, and both churches found this experience to be beneficial. They have built on this initial success by inviting more churches to participate in what is now called Project B.L.A.S.T. Three additional sponsor churches have been added this year. They are New Hope Community Church of Shallowater, Mt. Gilead Baptist Church, and South Plains Christian Fellowship. The purpose of this project is to encourage, develop and promote equality, acceptance and collaboration across demographic and cultural groups in Lubbock's Christian community. This year's event will be on August 17, 2002, from 2:00-10:00 p.m. at Joyland Amusement Park. Families from area churches will picnic together at the Pavilion and join in the fun at the amusement park. Sale of Project B.L.A.S.T. t-shirts will pay for children and teens to enter Joyland so that cost is not a factor for attending the event. Kenneth Burns, Pastor of Divine Love Baptist Church, Pastor Monica Hall, New Hope Community Church of Shallowater, Pastor J. J. Johnson, Mt. Gilead Baptist, Pastor Jason Allan, South Plains Christian Fellowship Church, Pastor Jim Scott, New Hope Foursquare Church, Pastor Andy Pruitt, First Foursquare Church of Brownfield, Pastor James Kelley, Masedonia Baptist Church and Pastor Charley Stick, Tahoka Trinity accepted a Special Recognition presented to Project B.L.A.S.T. sponsor churches commemorating August 17, 2002, as Project B.L.A.S.T. Day. (10.) Presentation of a Special Recognition to United Blood Services commemorating July 2002 as Summer Emergency Blood Donor Season in Lubbock. Across our nation, there is a need for 40,000 units of blood each day. With only 5 % of the country's population providing 100 % of the blood 3 Regular City Council Minutes July 11, 2002 Page 4 supply, the problem of blood shortages has become a major concern for blood banks everywhere. During summer months, volunteers donate fewer times than the remainder of the year. To make people aware of the need to donate blood, the U.S. House of Representatives has declared July as Summer Emergency Blood Donor Season. United Blood Services is currently experiencing a shortage of blood, and they hope to raise the awareness of the need to donate blood during the month of July through this special recognition and special blood drives to be held this month. Les Long accepted a Special Recognition presented to United Blood Services commemorating July 2002 as Summer Emergency Blood Donor Season in Lubbock. CONSENT AGENDA (Items Nos 11-13, 15-17, 19-28, 30-35, 37-38) Motion was made by Councilmember Patterson, seconded by Councilmember Martin to approve Items 11-13, 15-17, 19-28, 30-35, 37-38 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (11.) Approval of Minutes: June Regularre C002 Council Meeting (12.) Ordinance #2002-00072-ZONE CASE NO. 2508-C (northwest corner of 11,fh Street and University Avenue and the northeast corner of 114`h Street and Indiana Avenue): Request of Leroy Elmore and Norton Baker for a zoning change from C-2 to C-3 on an unplatted 10.8 acre tract of land out of Section 20, Block E-2 and an unplatted 18.4 acre tract of land out of Section 19, Block E-2 (second and final reading). ORDINANCE NO.2002-00072 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2N5pLATTEDZONING LAND OUT OF SECTFROM ION 20, BLOCK ZONING ON 10.8 ACRES O jJ E-2 AND 18.4 ACRES OF UNPLATTED A LAND OUT OTYOF SECTION PROV D PROVIDINGBLOCK SAVINGS LUBBOCK, TEXAS; PROVIDING CLAUSE; AND PROVIDING FOR PUBLICATION. (13.) Ordinance #2002-00073-ZONE CASE NO. 1786-B (2504 98" Street): Request of Michael Postar for a zoning change from A-1 and C-2 to C-4 Specific Use for mini -warehouses on Lots A-1-B-2, A-1-B-3, and the north 150 feet of A-1-B-4, University Pines Addition (second and final reading). ORDINANCE NO. 2002-00073 AN ORDINANCE AMENDING F LOUBIBOCKMNG AKING TH INANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY CHANGES: ZONE CASE NO. 1786-B; A ZONING CHANGE FROM A-1 AND C-2 A-1-B-3 TO C-4 SPECIFIC USE (for B)4, UNIVERSITY ZONING ON LOTS PINESBADDITION, AND THE NORTH 150 FEET OF A 1 LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION (14.) Ordinance #2002-00074-ZONE CASE NO. 2296-H (2501, 2503, 2505 and 2507 80`h Street): Ce2A � of Quick limited ruack No. to a carr for a wash and fall change from C-2 and permitted C-2 uses on Lots 41-44, Gatewood Addition (second and final reading). ORDINANCE NO. 2002-00074 AN ORDINANCE AMENDING IOI INOG ORDINANCE BOCK MAKING THE THE OFFICIAL MAP OF THE C 51 Regular City Council Minutes July 11, 2002 Page 5 FOLLOWING CHANGES: ZONE CASE NO. 2296-H; A ZONING CHANGE FROM C-2 AND C-2A TO C-3 (limited to a car wash and all permitted C-2 uses) ZONING ON LOTS 41-44, GATEWOOD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. This item was moved from consent agenda to regular agenda and considered following Item No. 39. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 2002-00074 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Boren recused himself. The next item considered was Item No. 36. (15.) Ordinance No. 2002-00076 authorizing the issuance of "City of Lubbock, Texas, Tax and Sewer System Surplus Revenue Certificates of Obligation, Series 2002A" and all necessary documents related to the issuance (first and final reading). ORDINANCE NO. 2002-00076 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, TAX AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2002A"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the net revenues from the operation of the City's Sewer System; and resolving other matters incident and related to the issuance, sale, security, payment and delivery of said certificates, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. On May 23, 2002, the City Council approved the first step in the issuance process. Resolution #2002-R0193, dated May 23, 2002, was to approve and authorize publication of Notice of Intent to Issue and Notice of Sale with respect to the issuance of the Certificates of Obligation. The proceeds from the sale of this bond issuance will be used for improvements and extensions to the City's Sewer System and to pay costs associated with issuance of these bonds. The issuance of bonds is necessary to fund projects that will ensure compliance with TNRCC regulations regarding effluent disposal and the groundwater remediation plan. Permit changes and modified irrigation application plans have necessitated infrastructure improvements. The City will sell these bonds on a negotiated basis. At the time of sale, the City will negotiate a purchase price for the bonds with the City's chosen underwriters. The chosen Underwriter for this issue is A.G. Edwards & Sons, Inc. Senate Bill 1759 of the 77' 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 bonds. City Council was asked to award the bonds as well as approve the reading of the ordinance and make final approval of all necessary documents related to the issuance at this meeting. Beverly Hodges, Director of Finance, introduced Vince Viaille, First Southwest Company. Mr. Viaille serves the City as financial advisor 5 Regular City Council Minutes July 11, 2002 Page 6 and proceeded to go over the results of the pricing. The Council was given handouts and Mr. Viaille explained the interest rates. Staff recommended approval of this ordinance. (16.) Ordinance No. 2002-00077 authorizing the issuance of "City of Lubbock, Texas, General Obligation Refunding Bonds, Series 2002" and all necessary documents related to the issuance (first and final reading). ORDINANCE NO. 2002-00077 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, -- TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002"; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement, a Purchase Contract and a Special Escrow Agreement and the approval and distribution of an Official Statement; providing for the redemption of certain outstanding bonds of the City; and providing an effective date. The City of Lubbock has previously issued, sold, and delivered, and there is currently outstanding, obligations totaling in principal amount $11,920,000, described as follows: (1) City of Lubbock, Texas, General Obligation Bonds, Series 1993, dated October 1, 1993, scheduled to mature on February 15 in each of the years 2004 through 2010, and aggregating in principal amount of $6,720,000; (2) City of Lubbock, Texas, General Obligation Refunding Bonds, Series 1993, dated December 1, 1993, scheduled to mature on February 15 in each of the years 2003 through 2008, and aggregating in principal amount of $4,150,000; and (3) City of Lubbock, Texas, General Obligation Bonds, Series 2000, dated March 15, 2000, scheduled to mature on February 15 in each of the years 2010 through 2012 and aggregating in principal amount $1,050,000; The City will sell these bonds on a negotiated basis. At the time of sale, the City will negotiate a purchase price for the bonds with the City's chosen underwriters. The chosen Underwriting Syndicate for this issue includes the firms of RBC Dain Rauscher, Inc., Coastal Securities and Estrada Hinojosa & Company, Inc. This refunding will be issued in an amount totaling approximately $12,235,000 and further provide present value savings of approximately $362,359. Senate Bill 1759 of the 77' 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 bonds. City Council was asked to award the bonds as well as approve the reading of the ordinance and make final approval of all necessary documents related to the issuance at this meeting. Beverly Hodges, Director of Finance, introduced Vince Viaille, First Southwest Company. Mr. Viaille serves the City as financial advisor and proceeded to go over the results of the pricing. The Council was given handouts and Mr. Viaille explained the interest rates. CO Regular City Council Minutes July 11, 2002 Page 7 Staff recommended approval of this ordinance. (17.) Resolution No. 2002-RO263 to apply for a Texas Forest Service Urban Forestry Partnership Grant to develop the "Trees Across the World" Veteran's Memorial Tree Grove. RESOLUTION NO.2002-RO263 WHEREAS, the Texas Forest Services has established an Urban Forestry Partnership Grant Program, the goal of which is to develop long-range urban forestry programs in communities across Texas; and WHEREAS, the stated purpose of the program is to support new initiatives, to expand existing programs, and/or foster activities that would not occur without grant funds. Types of projects eligible for funding include Program Development, Information and Education, and Demonstration or Site -Specific Projects; and WHERERAS, veterans of military service are deserving of honor and recognition; and WHEREAS, families of trees grown around the world offer the hope of renewal, rejuvenation, and a continual living memorial to veterans; and WHEREAS, the City Council desires to apply grant funds to develop a Veterans Memorial Grove with the "Trees Across The World" project; NOW THEREFORE: 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 grant agreement and any associated documents for a Texas Forrest Service Urban Forestry Partnership Grant to be applied for by the Parks and Recreation Department, a copy of which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11 th day of July, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Rnady Truesdell, Parks and Recreation Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0263. — On Memorial Day 2002 the Freedom Fountain in Huneke Park was dedicated to celebrate and recognize the freedom we enjoy in the United States. In July, construction is scheduled to begin on the Veteran's Memorial at the east end of Huneke Park. With more than 25,000 vehicles a day passing the park, it is a highly visible location. A project is proposed by the Parks and Recreation Department in cooperation with the Texas Forest Service to further 7 Regular City Council Minutes July 11, 2002 Page 8 enhance the park and build a Veteran's Memorial Grove in the park named "Trees Across the World." As an Urban Forestry educational project, the emphasis will be on the trees from around the world. The project will use the visitor drawing power of the Veteran's Memorial and the Freedom Fountain to generate interest in the grove site. A tree in the same family of trees from the six major military engagements in the different world theaters would be planted in a line along Nashville Avenue parallel to the street. A large 24" x 30" cast aluminum plaque would be erected next to each tree and explain the tree family and specific species of trees that grow in areas of military engagements including WWI, WWII, Korea, Vietnam, Desert Storm and now Afghanistan. The project will help highlight the fact that different species of trees that grow in Lubbock also grow throughout the world and that trees represent life, renewal, rejuvenation and rebirth even in the face of war. The trees will be dedicated to the living memory of all veterans. The Afghanistan plaque will also include a tribute to the September 11 victims of the terrorist attacks in New York, Washington and Pennsylvania. The Texas Forest Service local forester has reviewed the project and recommended applying for the grant and the commander of the American Legion Post 575 that is involved with the Veteran's Memorial recommended applying for the grant. The grant is for $20,000 with $10,000 City funds from Capital Projects — Tree Planting and $10,000 match from the Texas Forest Service. The timeline for the project is submission of the grant application by July 18, 2002 and awarding of the grant in September 2002, with one year allowed to complete the project. Staff recommended approval of this resolution. (18.) Resolution No. 2002-R authorizing the City Council to approve the recommendation of the Parks and Recreation Board regarding FY 2001- 2002 use of in -kind services by City of Lubbock departments for special event support. This item was deleted. (19.) Resolution No. 2002-RO264 authorizing the Mayor to execute a Landscape Maintenance Agreement with the Lubbock Avalanche Journal for maintenance of the landscape enhancement of the southeast quadrant at the intersection of Slide Road and South Loop 289. RESOLUTION NO.2002-RO264 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 South Loop 289 Landscape Maintenance Agreement and any associated documents between the City and the Lubbock Avalanche -Journal, a copy of which Agreement is 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 1 Ith day of July, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: n. Regular City Council Minutes July 11, 2002 Page 9 /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONENT: /s/ Randy Truesdell Randy Truesdell, Parks and Recreation Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the South Loop 289 Landscape Maintenance Agreement is filed with Resolution No. 2002-R0264. The Texas Department of Transportation has completed the construction of the landscape improvements along South Loop 289. In 1999, then Councilman Max Ince worked diligently to develop a process where businesses could partner with the City of Lubbock to provide maintenance of the landscape at the Loop turnarounds. Attached is an agreement signed by a representative of the Lubbock Avalanche Journal (sponsoring business) for the maintenance of the southeast quadrant at the intersection of Slide Road and South Loop 289. The maintenance of the Loop turnarounds by sponsoring businesses will allow for an enhanced level of maintenance. Along with the basic level of service, the partnership with the sponsoring business will allow for the purchase and planting of flowers. A minimum of two plantings of seasonal flowers is required per year. Exhibit B outlines the maintenance standards that the City is required to perform. Summary information of the agreement is as follows: • The sponsoring business agrees to grant an amount not to exceed $2,807 annually to the City for use in performance of its obligations under the Agreement. Payments shall be made to the City on a quarterly basis. • The City agrees to perform maintenance according to the standards shown on Exhibit B (attached). • The term of the agreement is for five years. • Advertising signs (no more than two per quadrant) will depict the logo of the Sponsoring Business. The signs shall not exceed the dimensions of 24 inches x 18 inches. The City will be responsible for the purchase and maintenance of the signs. • City shall provide water for irrigation as well as maintain the irrigation system. Staff recommended approval of this resolution. (20.) Resolution No. 2002-RO265 authorizing the Mayor to execute a Landscape Maintenance Agreement with Poka Lambro for maintenance of the landscape enhancement of the northwest quadrant at the intersection of University Avenue and South Loop 289. RESOLUTION NO.2002-RO265 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 South Loop 289 Landscape Regular City Council Minutes July 11, 2002 Page 10 Maintenance Agreement and any associated documents between the City and Poka Lambro Communications, a copy of which Agreement is 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 11 th day of July, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell, Parks and Recreation Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the South Loop 289 Landscape Maintenance Agreement is filed with Resolution No. 2002-R0265. The Texas Department of Transportation has completed the construction of the landscape improvements along South Loop 289. In 1999, then Councilman Max Ince worked diligently to develop a process where businesses could partner with the City of Lubbock to provide maintenance of the landscape at the Loop Turnarounds. Attached is an agreement signed by a representative of Poka Lambro (sponsoring business) for the maintenance of the northwest quadrant at the intersection of University Avenue and South Loop 289. The maintenance of the Loop turnarounds by sponsoring businesses will allow for an enhanced level of maintenance. Along with the basic level of service, the sponsoring business will be responsible for the purchase and planting of flowers. A minimum of two plantings of seasonal flowers is required per year. The sponsoring business can provide additional plantings if they desire. Exhibit B outlines the maintenance standards that the sponsoring business is required to perform. Summary information of the agreement is as follows: • The City agrees to grant an amount not to exceed $2,321 annually to the sponsoring business for use in performance of its obligations under the Agreement. Payments shall be made by the City on a quarterly basis. • The sponsoring business agrees to perform maintenance according to the standards shown on Exhibit B (attached). • The term of the agreement is for five years. • Advertising signs (no more than two per quadrant) will depict the logo of the sponsoring business. The signs shall not exceed the dimensions of 24 inches x 18 inches. The City will be responsible for the purchase and maintenance of the signs. • City shall provide water for irrigation as well as maintain the irrigation system. Regular City Council Minutes July 11, 2002 Page 11 Staff recommended approval of this resolution. (21.) Resolution No. 2002-RO266 authorizing the Mayor to execute a Contract of Sale with Loyette M. Hafey for a tract of land in Section 3, Block A, Lubbock County, Texas for a City Park (4012 Idalou Road). RESOLUTION NO.2002-RO266 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 of Sale between the City of Lubbock, Buyer, and Loyette M. Hafey, Seller, and any other related documents. The Contract of Sale provides for the purchase of property described as a tract of land out of Section Three (3), Block A, Lubbock County, Texas. Said Contract of Sale 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 1 Ith day of July, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Matthew L. Wade for RKC Richard K. Casner, Natural Resources Attorney A copy of the Contract for Sale is filed with Resolution No. 2002-R0266. One of the new parks to be acquired as a result of the last bond election is in the Chapel Hill neighborhood. This park will be located on the south side of Idalou Road along the west side of Olive Avenue. Loyette M. Hafey owns 11.3 acres at this location and this contract will provide for the sale of this property to the City. This property was listed by a real estate company for $25,000 and is on the tax roll for $27,912. Staff initially offered $15,000 and the seller agreed to sell for $20,000 or $1,770 per acre. Therefore, the purchase price for this property is $20,000. The Right -of -Way Department recommended approval of this resolution. (22.) Resolution No. 2002-RO267 authorizing the Mayor to execute a monitor well permit with Southwest Convenience Stores, LLC for two street right-of-way monitor wells (2420 35" Street and 2503 351' Street) . RESOLUTION NO.2002-RO267 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 Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Southwest Convenience Stores, LLC. Said agreements are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 1 Ith day of July, 2002. 11 Regular City Council Minutes July 11, 2002 Page 12 /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the agreements is filed with Resolution No. 2002-R0267. This monitor well permit allows Environmental Engineering & Geotechnics, Inc. (EE&G) of Fort Worth to drill two ground water monitor wells in City street right-of-way for Southwest Convenience Stores, Inc. The first monitor well will be drilled just east of University Avenue in the north right-of-way of 35`h Street and the second monitor well will be drilled just west of University Avenue in the south right-of- way of 351h Street. The 7-11 at the southwest corner of 341h Street and University Avenue had an underground leaking fuel tank and the TNRCC has requested that they go off site with two monitor wells in addition to what they have already drilled on their property. This permit is for 20 years, payable every 5 years in advance. All utilities are in agreement and the City will receive $200 per year for these two monitor well locations. The Right -of -Way Department recommended the approval of this resolution. (23.) Resolution No. 2002-RO268 Authorizing the Mayor to execute a monitor well permit with Bolton Oil Company, LTD., for a street right-of-way monitor well (4510 Avenue Q). RESOLUTION NO.2002-RO268 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 Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Bolton Oil Company, Ltd. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 1 Ith day of July, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary `" Regular City Council Minutes July 11, 2002 Page 13 APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the agreements is filed with Resolution No. 2002-R0268. This monitor well permit allows Southwest Geological and Environmental Services, Inc. to drill two ground water monitor wells in City street right-of-way. The first monitor well will be drilled approximately 295 feet west of Avenue Q in the north right-of-way of 46' Street. The second monitor well will be drilled approximately 102 feet west of the first monitor well. A former Bolton Oil Company Service Station at 4511 Avenue Q had an underground leaking fuel tank and TNRCC has requested that they go off site with a monitor well in addition to what they have already drilled on their property. This permit is for 20 years, payable every 5 years in advance. All utilities are in agreement and the City will receive $200 per year for these two monitor well locations. The Right -of -Way Department recommended approval of this resolution. (24.) Resolution No. 2002-RO269 Authorizing the Mayor to execute a monitor well permit with Bolton Oil Company, LTD., for a street right-of-way monitor well (4412 49" Street). RESOLUTION NO. 2002-RO269 -- 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 Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Bolton Oil Company, Ltd. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 11 th day of July, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the agreements is filed with Resolution No. 2002-R0269. 13 Regular City Council Minutes July 11, 2002 Page 14 This monitor well permit allows Southwest Geological and Environmental Services, Inc. to drill a ground water monitor well in City street right-of-way. The monitor well will be drilled approximately 306 feet west of Quaker in the north right-of-way of 49' Street. Bolton Oil at 4416 50th had an underground leaking fuel tank and TNRCC has requested that they go off site with a monitor well in addition to what they have already drilled on their property. This permit is for 20 years, payable every 5 years in advance. All utilities are in agreement and the City will receive $100 per year for this monitor well location. The Right -of -Way Department recommended approval of this resolution. (25.) Resolution No. 2002-RO270 Authorizing the Mayor to execute a monitor well permit with Nina Keels, for a street right-of-way monitor well (1604 Buddy Holly Avenue). RESOLUTION NO.2002-RO270 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 Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Nina Keels. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. IM Regular City Council Minutes July 11, 2002 Page 15 Passed by the City Council this 11 th day of July, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the agreements is filed with Resolution No. 2002-R0270. This monitor well permit allows Southwest Geological and Environmental Services, Inc. to drill a ground water monitor well in City street right-of-way. This monitor well will be drilled just south of 16`h Street in the west right-of-way of Buddy Holly Avenue. Midtown Printing which was formally a service station at 1602 Texas Avenue had an underground leaking fuel tank and TNRCC has requested that they go off site with a monitor well in addition to what they have already drilled on their property. This permit is for 20 years, payable every 5 years in advance. All utilities are in agreement and the City will receive $100 per year for this monitor well location. The Right -of -Way Department recommended approval of this resolution. (26•) Resolution No. 2002-RO271 Authorizing the Mayor to execute a monitor well permit with Ralph Carlisle Motors, for a street right-of- way monitor well (4320 Avenue Q). RESOLUTION NO.2002-RO271 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 Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Ralph Carlisle Motors. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this I lth day of July, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy 15 Regular City Council Minutes July 11, 2002 Page 16 Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the agreements is filed with Resolution No. 2002-R0271. This monitor well permit allows Daniel B. Stephen & Associates, Inc. to drill a ground water monitor well in City street right-of-way. This well is located approximately 20 feet west of Avenue Q in the north right-of- way of 44`h Street. Ralph Carlisle Motors at 4302 Avenue Q had a subsurface hydrocarbon contamination and TNRCC has requested that they go off site with a monitor well in addition to what they have already drilled on their property. This permit is for 20 years, payable every 5 years in advance. All utilities are in agreement and the City will receive $100 per year for this monitor well location. The Right -of -Way Department recommended approval of this resolution. (27.) Resolution No. 2002-RO272 Authorizing the Mayor to execute a monitor well permit with Texas Roofing Company of Lubbock, Inc., for a street right-of-way monitor well (1912 Avenue F). RESOLUTION NO.2002-RO272 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 Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Texas Roofing Company of Lubbock, Inc. 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 I lth day of July, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the contract is filed with Resolution No. 2002-R0272. This monitor well permit allows Grimes and Associates to drill a ground water monitor well in City street right-of-way. This monitor well will be drilled approximately 313 feet south of 19`h Street in the west right-of- 16 Regular City Council Minutes July 11, 2002 Page 17 way of Avenue F. Texas Roofing Company at the southwest corner of 19`' Street and Avenue F had an underground leaking fuel tank and TNRCC has requested that they go off site with a monitor well in addition to what they have already drilled on their property. This permit is for 20 years, payable every 5 years in advance. All utilities are in agreement and the City will receive $100 per year for this monitor well location. The Right -of -Way Department recommended approval of this resolution. (28.) Resolution No. 2002-RO273 Authorizing the Mayor to execute a change order with Hanson Pipe and Products for an additional 2,900 feet of 36-inch pipe in the amount of $127,600. RESOLUTION NO.2002-RO273 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 Change Order No. 1 to a contract (Bid No. 286-01/13M) with Hansen Pipe & Products, Inc., for water transmission pipe and Consent and any associated documents, a copy of which Change Order No. 1 is 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 1 Ith day of July, 2002. /S MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer -Public Works APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Change Order No. 1 is filed with Resolution No. 2002-R0273. This pipe from the original order and from this change order will be used to connect Jones Power Station to the Valve Station at US 84 and FM 835. This project is part of the effort to begin stream discharge of the treated effluent. Pipe from the original order was intended for a water transmission main in Milwaukee from 4' to 34' Street ahead of the paving improvements being coordinated by TxDOT. However, TxDOT was unwilling to allow the installation due to concerns about interference with the Milwaukee widening project. Thus, 11,000 feet of 36-inch pipe from the original order plus an additional 2,900 feet from this change order will be used in the effluent discharge project. It will be necessary to order an additional 5,100 feet of 36-inch pipe. This approach enables us to expedite the wastewater project at a good price. Staff recommended approval of this resolution. 17 Regular City Council Minutes July 11, 2002 Page 18 (29.) Resolution No. 2002-R authorizing a second amendment to an Interlocal Construction, Reimbursement and Right -of -Way Usage Agreement between the City of Lubbock and Texas Tech University for Fiber Optics Project. This item was deleted. (30.) Consider the price and conditions of sale of Parcel 33500-20-9 at 1109 2°1 Place, legally described as Lot 9, Block 20, Guadalupe Addition to the City of Lubbock, Lubbock County, Texas in the Guadalupe Area. This is a routine sale of a vacant lot by the Urban Renewal Agency to Guadalupe Economic Services Corporation (GESC), a non-profit organization for $400. The property is to be developed with a new 1,323 square foot single-family residence valued at $78,000. The lot is properly zoned for residential development. The Urban Renewal Board of Commissioners approved the proposed sale on May 21, 2002. The Community Development staff recommended approval. (31.) Resolution No. 2002-110274; Resolution No. 2002-R0275; Resolution No. 2002-R0276/BID ##035-02/DC-for Primary Vendor Contract for Water Department Inventory (Central Warehouse). RESOLUTION NO.2004-RO274 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 Primary Vendor for Water Department inventory, by and between the City of Lubbock and Plastic Wholesale Plumbing, Inc. of Abilene, 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 1 Ith day of July, 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-R0274. RESOLUTION NO.2002-RO275 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 Primary Vendor for Water Department inventory, by and between the City of Lubbock and 0. Regular City Council Minutes July 11, 2002 Page 19 Benmark Supply Company, Inc. of Midland, 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. 19 Regular City Council Minutes July 11, 2002 Page 20 Passed by the City Council this 11 th day of July, 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-R0275. RESOLUTION NO.2002-RO276 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 Primary Vendor for Water Department inventory, by and between the City of Lubbock and Western Industrial Supply, LLC 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 1 Ith day of July, 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-R0276. This bid establishes annual pricing for pipe, valves, fittings, meter boxes, manhole covers, valve boxes and miscellaneous repair items. These Items are necessary for the daily operations, emergency maintenance and construction requirements of Water Utilities. These items will be in inventory at the Central Warehouse. 20 Regular City Council Minutes July 11, 2002 Page 21 Low bids are from the following companies: Western Industrial Supply of Lubbock, TX Morrison Supply of Lubbock, TX KW Sharp of Lubbock, TX BenMark Supply Company of Midland, TX Plastic Wholesale Plumbing of Abilene, TX Various operating and capital project budgets will fund this purchase. (32.) Resolution No. 2002-R0277/BID #101-02/BM-for Self -Contained Breathing Apparatus Replacement (Fire Department). RESOLUTION NO.2002-R0277 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 self-contained breathing apparatus replacement, by and between the City of Lubbock and Daco Fire Equipment of Lubbock, 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 11 th day of July, 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-R0277. This bid is for the purchase of self-contained breathing apparatus (SCBA) equipment including 20 SCBA units and 25 breathing air masks. This equipment will replace aging equipment scheduled on a three-year replacement cycle in an effort to maintain National Fire Protection standards. Fire Department personnel use SCBA equipment for communication and access to breathing air during fire fighting applications. The low bid is $52,210 from Daco Fire Equipment of Lubbock, Texas and is within the SCBA Replacement and Equipment Supplies budget. (33.) Resolution No. 2002-R0278/BID #105-02/RS—For Lubbock Tennis Center ADA Renovations (Park Development). 21 Regular City Council Minutes July 11, 2002 Page 22 RESOLUTION NO.2002-RO278 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 Lubbock Tennis Center ADA renovations, by and between the City of Lubbock and Minnix Commercial 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 1 Ith day of July, 2002. 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 /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 11 th day of July, 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 MINNIX COMMERCIAL, 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 #105-02/RS - LUBBOCK TENNIS CENTER ADA RENOVATIONS - $147,352.00 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. 22 Regular City Council Minutes July 11, 2002 Page 23 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) By: Marc McDougal Mayor ATTEST: MINNIX COMMERCIAL By: /s/ Tim Minnix PRINTED NAME: Tim Minnix TITLE: President /s/ Rebecca Garza COMPLETE ADDRESS: MINNIX COMMERCIAL 14302 S. Slide Rd APPROVED AS TO CONTENT: Lubbock, TX 79424 /s/ Craig Wuensche ATTEST: Owner's Representative Connie Minnix APPROVED AS TO FORM: Corporate Secretary /s/ Don Vandiver City Attorney This project will provide ADA accessibility for the City of Lubbock's Municipal Tennis Center. The work to be performed involves demolition of concrete flatwork; demolition and removal of railroad tie retaining walls at planters and seating areas; installation of concrete sidewalks, retaining walls and ramps (including curb ramps at the parking lot); and parking lot striping. The low bid is $147,352 from Minnix Commercial of Lubbock, Texas and is within the System Capital Outlay -Tennis Center Renovation budget. (34.) Resolution No. 2002-R0279/BID #122-02/RS—For City of Lubbock Paving Improvements at Seven New Parks (Street Drainage). RESOLUTION NO.2002-RO279 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 paving improvements at Seven New Parks, by and between the City of Lubbock and Hub City Pavers, 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 1 Ith day of July, 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 23 Regular City Council Minutes July 11, 2002 Page 24 APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney This project involves paving improvements at seven parks. Construction will include curb, gutter, asphalt street paving, ADA parking, ADA ramps, and back of curb sidewalks for the development of the Cooke Park at 6302 18th Street, Duran Park at 6313 261h Street, Lopez Park at 5402 Auburn Avenue, Reagan Park at 4005 East Colgate, Sims Park at 1102 East Marlboro, Strong Park at 2002 81 st Street, and Underwood Park at 202 East 24th Street in Lubbock. This project is part of the Lubbock Comprehensive Parks, Recreation and Open Space Master Plan —Five Year Action Plan. The low bid is $624,671.15 from Hub City Pavers, Inc. of Lubbock, Texas and is within the Systems Capital Outlay -Park Development budget. (35.) Resolution No. 2002-R0280/BID #123-02/RS-For 125 Horse Power Motor Grader (Fleet Services). RESOLUTION NO.2002-RO280 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 125 horse power motor grader, by and between the City of Lubbock and Associated Supply Company, Inc. of Lubbock, 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 1 lth day of July, 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-R0280. This bid is for the purchase of a 125 horsepower motor grader for the Solid Waste Department. This equipment will be leased on a five-year capital lease that will be bid separately. The low bid is $115,904 from Associated Supply Company of Lubbock, Texas and is within the Rent Lease Machinery Equipment budget. Resolution No. 2002-R /BID #127-02/RS-for 28,000 Pound GVWR Cab & Chassis with Shuttle Loading System (Fleet Services). (36.) 24 Regular City Council Minutes July 11, 2002 Page 25 This item was moved from consent agenda to regular agenda and considered following Item No. 14. This bid is for the purchase of a 28,000 Pound GVWR Cab & Chassis with a shuttle loading system for the Parks Department. The low bid is $61,719 from Philpott Ford of Port Neches, Texas and is within the Equipment Capital Outlay -Heavy Movable Equipment budget. Victor Kilman, Purchasing Agent, spoke for staff. James Kinsey spoke for Lubbock Truck Sales. Councilmember Hernandez questioned local preference issue. Is it wise to create a local preference as far as bids are concerned? He thought Council should revisit that issue and try to visit with state legislators and try to enact something a little bit different at the state level that would enable to possibly do that. Mayor McDougal stated he had asked Tony Privett, Director of Communications and Legislation, to put this on the legislative agenda. Councilman Patterson asked City Attorney Anita Burgess to define "best value". City Attorney Burgess defined "best value" as the City can consider the purchase price, reputation of bidder, quality of bidder's goods and services meet the City's needs and past relationship, etc. Councilmember Martin stressed that this is a balancing act and if we started giving local preference to our bid items, there might be pay back to our local businessmen from other cities. Randy Ervin, Fleet Services Manager, stated that there is one service provider for the City. Councilmember Hernandez remarked that the term "best value" is in fact very ambiguous and he would like to say on the record that the rationale he is finding is that there is in fact best value in going with Lubbock Truck Sales as opposed to Philpott Ford. This is much broader and goes deeper than what has been stated on the dais now. This item was tabled until July 23, 2002 meeting. Next item considered was Item No. 40. (37.) Resolution No. 2002-R0281/BID #142-02/BM4or Reese Village Sewer Main Pipe and Manholes (Water Utilities). RESOLUTION NO.2002-RO281 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 mobile vacuum oil regeneration system, by and between the City of Lubbock and Ryan Sales & Engineering C/O Enervac Corporation of Cambridge, Ontario, Canada 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 1 lth day of July, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 25 Regular City Council Minutes July 11, 2002 Page 26 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-RO281. This item was considered following Item No. 35. This bid is for the purchase of pipe and manholes for the construction of a 12" sewer main to serve the redevelopment of Reese Village. The low bid is $74,053 from ACT Pipe & Supply of Dallas, Texas and is within the Reese Village Sewer Main Addition budget. (38.) Resolution No. 2002-R0282/BID #144-02/BM-For Recycled Products Baler (Solid Waste). RESOLUTION NO.2002-RO282 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 recycled products baler, by and between the City of Lubbock and Excel Manufacturing of St. Charles, Minnesota, 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 1 Ith day of July, 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-R0282. This bid is for the purchase of a recycled products baler that will be used to bale plastics and other commodities collected at the recycling drop-off centers that are not accepted by local processors. Commodities must be baled before they can be sold and shipped to market for recycling. This piece of equipment is necessary to continue accepting plastics in the recycling program. For the past four years, there has been no interest by 461 Regular City Council Minutes July 11, 2002 Page 27 local processors to bid on plastics collected in the citywide recycling program. To date, the department has been able to work with different local processors to take the plastics for recycling. However, with no processor willing to bid the commodity, no long-term arrangements are in place and the department generates no revenue from the plastics. The City of Lubbock Solid Waste Services Department received a $58,000 grant from the Texas Natural Resource Conservation Commission and South Plains Association of Governments for the purchase of a baler. The low bid is $47,898 from Excel Manufacturing of St. Charles, MN. 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. (39.) Resolution No. 2002-R /RFQ #145-02/RW-for Digital Printer System (Planning Department). This item was deleted. Next item considered was Item No. 14. ORDINANCES FOR PASSAGE Second Reading (40.) ORDINANCE #2002-00075-Approving the North Overton District Tax Increment Finance Reinvestment Zone Project Plan and Finance Plan and the By -Laws as adopted by the Board of Directors of the North Overton Tax Increment Financing Reinvestment Zone (second and final reading). ORDINANCE NO. 2002-00075 AN ORDINANCE APPROVING THE NORTH OVERTON DISTRICT TAX INCREMENT FINANCE REINVESTMENT ZONE PROJECT PLAN AND FINANCE PLAN AND THE BY-LAWS AS ADOPTED BY THE BOARD OF DIRECTORS OF THE NORTH OVERTON TAX INCREMENT FINANCING REINVESTMENT ZONE. This item was considered following Item No. 36. Motion was made by Councilmember Boren, seconded by Councilmember Morrison to pass on second and final reading Ordinance No. 2002-00075 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Councilmember Hernandez recused themselves. (41.) Resolution No. 2002-RO283 Approving recommendations from the Lubbock Arts Alliance, Inc. for the first of two grant periods for 2002. RESOLUTION NO.2002-RO283 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby authorized and approves for an on behalf of the City of Lubbock, The Arts Alliance to award all of the first period grants for 2002 recommended by the Lubbock Arts Alliance 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 1 Ith day of July, 2002. /S/ MARC MCDOUGAL 27 Regular City Council Minutes July 11, 2002 Page 28 MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary Regular City Council Minutes July 11, 2002 Page 29 APPROVED AS TO CONTENT: /s/ Connie Gibbons Connie Gibbons Cultural Arts 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-R0283. On May 9, 2002 the Lubbock City Council approved an agreement to pay the Lubbock Arts Alliance, Inc. $152,151.39. The agreement stipulates that the funds are to be used in making grant awards to cultural arts organizations for the encouragement, promotion, improvement, and application of the arts. The funds represent seven percent of the hotel/motel tax collected during the fiscal year ended September 30, 2001. In reviewing requests and developing funding recommendations for each application, the Grants Review Committee follows guidelines that were approved as part of the May 9, 2002 agreement. The grants review committee, composed of appointments by City Council and representatives of the Lubbock Arts Alliance, evaluates applications and submits their recommendations to the City Council for approval. The Lubbock City Council is now asked to approve $66,255 in grant awards for the first grant period for 2002. Nineteen applications were received on the June 1, 2002 deadline and fifteen are recommended for full or partial funding. Enclosed. in your agenda backup is a listing of the recommendations and panel comments from the Lubbock Arts Alliance Grants Review Committee. Martha Ellerbrook, Managing Director, Management Services gave staff comments. She acknowledged Libby Camp, Tina Fuentes and Jane Bell from Lubbock Arts Alliance. Ms. Camp stated that one member had resigned before term expired and Jane Bell had replaced that member. Lubbock Arts Alliance, Inc. recommended approval of this resolution. Motion was made by Councilmember Martin, seconded by Councilmember Boren to pass Resolution No. 2002-R0283 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez recused himself. (42.) Resolution No. 2002-R /RFP #066-02/DC-for Bank Depository Services (Financial Services). This item was deleted. (43.) Resolution No. 2002-R0284/RFP #073-02/DC-For Property/Casualty Insurance Broker & Consulting Services (Human Resources -Risk Management). The City of Lubbock is paying in excess of $2.7 million in insurance premiums during the current fiscal year. Areas of coverage include: 1. Workers compensation 2. Excess liability 3. Property 4. Boiler and machinery 5. Airport liability 6. Airport directors and officers 7. Inland Marine 8. Bonds (public officials, notaries, etc.) 29 Regular City Council Minutes July 11, 2002 Page 30 Based on national trends, we anticipate an overall increase of between 20-40 % next year, which would increase premiums to somewhere between $3.2 million and $3.8 million. In an attempt to hold down these increases, staff investigated the possibility of hiring a broker to package our coverage so as to realize savings through economies of scale. Proposals were solicited and rated according to the following criteria: Service 30 % Professional effort 10 % Broker experience 30 % Financial capacity 10 % Price 20 % Following are some of the factors that went into the final evaluation (Palmer and Cay is the recommended vendor): 1. Service —Service is defined as the number of markets (insurance carriers) already available to the broker, the number of hours that the broker is available, the number of hours for loss control services and the willingness of the broker to assist in the drafting of RFP's. Palmer and Cay currently deals with 80 percent of the relevant insurance carriers, has seven days of broker availability, will provide 80 hours of loss control and will prepare RFP's. This compares to the local vendor whose current market is with 50 percent of the providers and who can provide insurance carrier loss control only. 2. Professional effort —Professional effort considers the timelines for the purchase of insurance products and sample reports provided so as to assist in our evaluation. Palmer and Cay did provide sample reports and gave reasonable timelines. The local agent also gave reasonable timelines, but provided no sample reports. 3. Broker experience —Broker experience considers the scope of prior governmental experience and references. Both the recommended agency and the local agents have prior governmental experience and good reference checks. Palmer and Cay represents more than 60 governmental entities and the local vendor represents less than 5 governmental entities. 4. Financial capacity —Financial capacity considers whether a certificate of insurance and financial report is included and whether or not there are any outstanding errors and omissions claims. The local agency was ranked higher in this area in that they provided information on one E&O claim whereas the recommended firm was unable to do so. Both, however, did provide financial reports and certificates of insurance in appropriate amounts. 5. Price —Price simply considers bottom line costs and any hidden costs. Palmer and Cay's base cost was $75,000 with a cap of 5 percent on cost if additional time is needed (possibly bringing the total to $78,750). No extra costs were found. The local agency's base cost was $155,040 but if they did not evaluate or place workers' compensation coverage, the cost would drop to $115,044. No extra costs were found. 30 Regular City Council Minutes July 11, 2002 Page 31 More detailed calculations are included in your back up and can be further explained by the Risk Management staff should Council care to hear from them. Mary House, Director of Human Resources, Scott Snider, Assistant Managing Director of Human Resources and Leisa Hutcheson, Risk Management Coordinator, gave staff comments. Staff recommended the hiring of Palmer and Cay of Texas. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to pass Resolution No. 2002-RO284 as recommended by staff. Motion carried: 5 Yeas, 2 Nays. Councilmembers Boren and Martin voted Nay. (44.) Resolution No. 2002-RO285 - Authorizing the Mayor to execute a professional services contract with the Science Spectrum, Inc. to construct "The Brazos River Journey: Texas Alive" exhibit and manage the exhibit for twenty-five years. RESOLUTION NO. 2003-RO285 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, by and between the City of Lubbock and Science Spectrum, a contract for the construction, operation and management of the Brazos River Journey: Texas Alive! Exhibit to be located in the basement of the Science Spectrum at 2479 S. Loop 289, 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 1Ith day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Corbin Pemberton Corbin Pemberton Community Projects 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-RO285 In July 2001, the City of Lubbock and the Science Spectrum collaborated on a grant application to Texas Parks and Wildlife (TP&W) in the amount of $750,000 to construct a new educational exhibit titled "The Brazos River Journey: Texas Alive!" In January 2002, TP&W approved the full grant request. The state funds, which will be available on a reimbursement basis, will augment other funds raised by the Science Spectrum for this project. The U.S. Department of Housing and Urban 31 Regular City Council Minutes July 11, 2002 Page 32 Development has awarded $1.1 million to the Science Spectrum for this project. While the total cost of the exhibit is approximately $2 million, private fund raising efforts have secured the remaining balance. The City of Lubbock will not expend any General Fund dollars for the construction of the exhibit. However, staff time will be required to monitor the grant and a management agreement with the Science Spectrum. In accordance with TP&W provisions, the State must only contract directly with another governmental entity for the disbursement of grant funds. Since the Science Spectrum is a non-profit organization, the City of Lubbock has already contracted with TP&W for this exhibit. To expedite the project, the City of Lubbock will enter into a professional services contract with the Science Spectrum for the construction of the exhibit. The Science Spectrum will submit requests for reimbursement to the City. The City will, in turn, submit these requests for reimbursement to TP&W. Upon receipt of State funds, the City will then reimburse the Science Spectrum up to $750,000 for the construction of the project. In exchange, the contract also contains provisions that the Science Spectrum operates and manages the exhibit for twenty-five years at no charge to the City. Therefore, the City will not expend any annual operational funds to staff or maintain the exhibit. Once completed, the Brazos River Journey: Texas Alive exhibit will enhance the educational programming at the Science Spectrum and it will serve as an added attraction to the visitors of Lubbock. No aquarium or zoological center exists in the Lubbock region to introduce citizens and visitors to the uniqueness of the area. By filling this void, this project will increase tourism and visitation to Lubbock. The project will also promote a heightened understanding of water as our single most valuable natural resource and the need for wise usage. Staff recommended that the City Council authorize the Mayor to execute a professional services contract with the Science Spectrum, Inc. to construct "The Brazos River Journey: Texas Alive" exhibit and manage the exhibit for twenty-five years. Corbin Pemberton, Community Projects Manager, gave staff comments Councilmember Hernandez recognized former Mayor Alan Henry and Sandy Henry. Motion was made by Councilmember Cooke, seconded by Councilmember Martin to pass Resolution No. 2002-RO285 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (45.) Resolution No. 2002-RO286 Authorizing the Mayor to execute an agreement between the City of Lubbock, McCanton Woods, Ltd., and Lubbock Student Housing, L.P. regarding the funding of public improvements in Phase One of the Project Plan for the North Overton Tax Increment Finance Reinvestment Zone. RESOLUTION NO. 2003-RO286 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 Agreement between the City of Lubbock and McCanton Woods, Ltd, and Lubbock Student Housing, L.P. regarding the funding of public improvements in Phase One for the North Overton Tax Increment Finance Reinvestment Zone, and any other 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. 32 Regular City Council Minutes July 11, 2002 Page 33 Passed by the City Council this llth day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer by Rob Allison Craig Farmer, Director of Planning APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney -Office Practice A copy of the Agreement is filed with Resolution No. 2002-R0286. This agreement is between the City of Lubbock, McCanton Woods (McDougal Companies/Developer), and Lubbock Student Housing, L.P. (Dinerstein Companies/Builder). With this contract, the City agrees to dedicate and pledge the use of revenue in the Tax Increment Fund to directly participate in the cost of the public improvements for Phase One, Bond Issue One of the Project Plan as recommended by the Board of Directors of the North Overton District Tax Increment Finance (TIF) Reinvestment Zone and approved by the City Council in June. This Agreement delineates the division of funding for the public improvements as represented in Exhibit D (TIF participation), Exhibit E (Developer Participation), and Exhibit F (Builder participation). The total amount of tax increment financing for public improvement shown in Exhibit D is $918,260. Attached is a copy of the Agreement for your review. Implementation of Bond Issue One, Phase One will require interim financing. Staff recommended that the City loan the North Overton TIF Reinvestment Zone the $918,260 until debt could be issued in 2004. At that time, the TIF will pay back the loan including interest at the same rate the City receives on its other investments. Staff recommended approval of this resolution. Motion was made by Councilmember Morrison, seconded by Councilmember Cooke to pass Resolution No. 2002-RO286 as recommended by staff. Motion carried: 5 Yeas, 2 Nays. Mayor McDougal and Councilmember Hernandez recused themselves. (46.) Resolution No. 2002-R creating a Lake Alan Henry and Water Supply Facilities Oversight Subcommittee of the City Council for the City of Lubbock to study, review, and monitor City water resources, including the management, development, maintenance, operations, master planning and future of Lake Alan Henry and the City's water supply facilities and authorize the Mayor to sign the resolution. This item was deleted. (47.) Consider three appointments to the Lake Alan Henry and Water Supply Facilities Oversight Subcommittee. 33 Regular City Council Minutes July 11, 2002 Page 34 This item was deleted. (48.) Consider one appointment to the Permit and License Appeal Board. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint Ruth Martinez to the Permit and License Appeal Board. Motion carried: 7 Yeas, 0 Nays. 12:08 P. M. Council Recessed. 6:00 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Mayor McDougal called the meeting to order at 6:00 P. M. Present: Mayor Marc McDougal, Mayor Pro Tern Victor Hernandez, Councilmember Gary O. Boren, Councilmember Alex "Ty" Cooke, Councilmember Tom Martin, Councilmember Frank W. Morrison, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary (49.) Discussion of concerns of the neighborhood associations and other parties of the City of Lubbock regarding code enforcement, fire and police protection and other city services, and attendant impact of any concerns on the 2002-2003 budget. Councilman Boren requested that this be placed on the agenda via the following email: "I would like to invite Chief of Police C. Jones, Chief S. Hailey of the Fire dept., and any related City Dept. heads that can assist the Council. Additionally, I would like to invite all the neighborhood associations, their leaders, etc., to this meeting. Staff need to listen to what they are experiencing, especially in the older neighborhoods with crime, fire issues, and code violations, i.e., neighborhood safety/crime issues, dogs running wild, trash all over vacant lots, cars illegally parked, illegal structures, older citizens feeling threatened when they complained. I believe the Council as a whole with City staff needs to take an honest "look" at this situation and see where we can begin to start solving these issues in the older neighborhoods if there are ordinances on the record. Additionally, we need to re -visit and take a hard look to see how we can assist our law enforcement department in being more visible in the neighborhoods to cut down on crime. This is certainly going to require more police and budget support to have the manpower to do this. These have been hot issues that I have listened to over the past few months and I think we need to see what we can do to start resolving these issues in a "Frank, Forward, Direct, Open, and Honest Discussion & Assessment" of where we are and where we need to be. I realize that these are "Budget Issues" that will take more police to be hired, more funding for the various security, various related City Dept.'s, and fire dept.'s also. I am going on record to let you know that I believe we need to do so and will push to get these things done. This may require philosophical changes in the budget as to where dollars and priorities are currently being funded. I welcome this discussion. If Police and Fire truly take up 51 % of our City Budget, that is great and we need to do more to address these dept. needs with budget support. " No action is required at this time, although Council may want to give staff some direction regarding the proposed budget. Forty invitations to Neighborhood Associations were mailed requesting their presence at this meeting. Eighteen citizens signed up to speak at this meeting. Mayor McDougal asked each citizen to speak for four minutes. 34 Regular City Council Minutes July 11, 2002 Page 35 Citizens speaking were as follows: Celia Glick - LUNA 1706 23" Suite 104 (11) 749-5862 President of United Neighborhood Association Executive Board. She expressed her appreciation for the invitation to present concerns and input for the budget process. The purpose the United Neighborhood Association is serve as a resource for neighborhood associations. Cecil Puryear 2619 2°d (15) 763-1547 If the City actually enforced its codes, Lubbock would be shut down. Dawn Pace - Bayless -Atkins Neighborhood Group (BANG) 1910 71s' (12) 748-0152 Three City departments should receive additional funds: 1. Police - Top priority. LPD met with their neighborhood. Established 10-15 neighborhood watch groups. They have seen a decrease in crime. 2. EIS - More inspectors and support staff. City needs to educate Lubbock citizens about code enforcement issues and that code compliance is essential. The crime rate is tied to code enforcement issues. If the City puts more inspectors on the streets, then the crime rate will decrease. 3. Parks - Lack of funds and manpower. Ribble Park - A walking track is supposed to be installed after the drainage project is completed in their area. The park needs additional lighting and an auto -sprinkler system to replace the manual system. Casey Park - Sprinklers need to be turned on, not just the drip irrigation system. This park is losing trees and turf. Do not short existing projects/maintenance when a new project comes along. Ex. 500 trees at Airport. Sonny Welch - Quaker Heights Neighborhood Association 4710 80`h (24) 785-9261 They have their own pool and activity center. 1. Need dip signs in both directions at 79`h and Toledo (4600-4700 block) 2. Need four-way stops at 771h and 80`' Streets and Richmond (has yield signs). 3. 77`h Street is a major through street in the neighborhood. Top rock is gone and asphalt has bled through. Stop signs would help the wear on the street. 4. Alleys need grading throughout neighborhood. 5. Pool - Behind the pump house, the drainage pipes in the alley have been crushed and they are not functioning. Doris Fletcher - North Overton Neighborhood Association 2020 61h (01) 745-4822 Lack of code enforcement contributes to the demise of neighborhoods Need more funds to go toward enforcement. Natalia Salizar - Arnett -Benson Neighborhood Association 3012 Auburn (15) 762-6127 Complete current projects (i.e. University Avenue) before beginning new ones and before Marsha Sharp Freeway is completed. 35 Regular City Council Minutes July 11, 2002 Page 36 Louis Kime - Maxey Neighborhood Association 4009-25`h (10) 795-9474 1. Drainage issues -Have been told drainage will tie into Marsha Sharp Freeway. Cass indicated there are issues associated with TxDOT, and the City is looking at alternatives. 2. Standing water on 25`h Street on the east side of Maxey -it is not people watering their grass. 3. Trash from Maxey Park blows into the neighborhood. Talked with Ron Lewis, but no solution as yet. 4. There are 50-75 teenagers at the park every Friday and Saturday nights. They are loud, and vandalism is increasing in the area. More drugs in the park. 5. Code issues - Peter Kerns is great, but need more enforcement. 6. Elderly are afraid of retaliation if they call the Police on issues. 7. A previous Mayor sent out monthly letters to the neighborhoods updating them on City activities. Donna Zartman - WHAM 3105 45`h (13) 797-8237 1. Crime has increased by 50 % over the last year. Their concern is that it is being caused by North Overton residents moving into their neighborhood. 2. Code enforcement is connected to crime. Many of City's codes have no teeth in them. People don't pay their tickets, and nothing is done. 3. Junk house has been turned in for 20 years and nothing was done. Surrounding properties lose property value. 4. Condemned apartment building had people living in it. 5. They have been promised neighborhood police officers and never received it. 6. There are semi -trucks parked in the neighborhood. One man has been ticketed, still doesn't comply. (Municipal Court problem?) 7. Street/alley maintenance - They can get them swept, but grass coming up through asphalt clogs the drainage. 8. Rental properties increasing in their neighborhood. They have seen problems with more than two unrelated occupants. 9. Monterey High School - Problems with parking and trash in neighborhood. LISD does not acknowledge the connection. 10. CDBG Grants - Low-income residents need to be able to tap into these funds. Benny Ortega - South Gate Neighborhood Association 7416 Hickory (04) 745-9574 1. Many of their streets are not paved. 2. Alleys are not mowed. 3. Need more stop signs. 4. No bus service. 5. They have been waiting for a park for years. Marion Sanford - UNIT Neighborhood 2519 24`h (10) 749-1411 36 Regular City Council Minutes July 11, 2002 Page 37 1. Does not understand how it took 18 years to get action taken on the house at 2601 24`h Street. This lack of code enforcement creates general ill will and breeds skepticism with regard to the City. Employees were rude to his wife. 2. The City needs to monitor the neighborhoods better, follow-up, and communicate the results to the neighborhood. Clyde James - South Overton 1908 14`h (01) 765-8629 1. There has been a recent influx of residents into multi -family units (Sand Piper) in the area. Since this influx, there have been more drugs, syringes and fights. 2. Their neighborhood association wants to work with City, officials and landowners. Victor Hernandez brought up the possibility of creating design historic incentives for homeowners. Pam Brink - South Overton 2301 Broadway (01) 747-9200 1. Older neighborhoods do not have deed restrictions. The City needs to support homeowners' rights over those of investors or realtors. 2. Establish a historic district task force to celebrate and preserve Lubbock's historic architecture. Kyle Jones - Heart of Lubbock Neighborhood Association 1919 29`h (11) 763-4454 1. Code enforcement is over taxed and over worked. There is a lack of manpower, which creates animosity towards to the City due to slow response and the perception that nothing gets done. This neighborhood has the 2" highest crime rate. He felt that this is directly tied to code enforcement. Give the codes department more money. 2. Police do not patrol neighborhoods. They go from one call to the next. They are in a reactive rather than a proactive mode. 3. A third of this neighborhood is zoned R-2, which equates to rental. City ordinances do not allow codes to take care of some of these issues. Ordinances need to change to allow swifter enforcement with more teeth. David Small - West End Neighborhood Association 2205 Kewanee (07) 791-2446 1. Not enough streetlights in the area, which makes the neighborhood feel unsafe at night. 2. The streets between 19`h and 26`h are unpaved. When this area was annexed, it was thought that developers would help with the cost of paving when the vacant lots were developed. The majority of these lots are still undeveloped. There are approximately 15 blocks of unpaved road in the area. 3. Apathy is a problem in this area because the residents feel that the City and State will not listen to them. Consequently, residents do not go through the City to get this done. Tom Martin stated that this area was annexed 40 years ago, and that the Council needed to begin to look at older neighborhoods. Victor Hernandez indicated that there are 55-60 miles of unpaved roads within the city limits. The City needs to take a systematic approached to pave 37 Regular City Council Minutes July 11, 2002 Page 38 all of these roads - even if it takes 20 years. Victor also stated that annexation laws 40 years ago were different. The City should go into these older annexed areas and bring them up to the same standard that we are required to do for new annexed areas. Claire King - Kings Park Neighborhood Association 3807 76`'' (23) 797-0359 1. They need a traffic -free walking path. There are vacant lots in the area without sidewalks that make so that folks, especially elderly residents, have to walk in the street. She suggested putting a path around the lake. 2. The children in the area need a playground. She suggested the old Kings Park golf course, but Marc McDougal indicated that the City had tried to acquire and was unsuccessful. 3. Need trees as buffer between Wal-Mart and the hotels that are north of the residential homes. 4. The City needs to extend the "no parking" on 76`' where it meets Quaker farther back to the fence. Russell King - Libertarian Party of Lubbock 4902 103`d (24) 797-3211 1. The City should provide for residents safety and essential services. Funds should not be diverted from these activities to special projects or to bring in businesses that will take away business from local businesses. Ex. American Turbine Supply. Emma Jackson - Dunbar Manhattan Heights Neighborhood Association 1312 E. 241' (04) 762-3350 1. Need rehabilitation funds for homes, new construction, new businesses 2. Police Department came to their meetings, other City departments need to come. 3. Community Center, Senior Center - better than ever. 4. Need dry cleaner, bank, washateria, sit-down restaurant, grocery store 5. MLK overpass - semi -trucks, other vehicles drive at a high rate of speed. This is close to school. 6. Need more low-income representation on City boards and commissions. Marc McDougal asked staff to be sure that Ms. Jackson was invited to the North and East Lubbock Development Commission meetings. James Griffin - Western Meadows Homeowners Association 5610 York (14) 793-8508 Townhouses - 29 units (56`h - 58`h west of York Avenue 1. Unbagged trash from the commercial property adjacent to Slide. Trash blows into the alleys and yards from 54`' to 62nd. The neighborhood has been cleaning it up. 2. There is a fluid coming under the fence from Lone Star Oyster Bar. Has a strong stench. 3. City dug at ditch at 58`h and piled the dirt on a vacant lot. Vine weed now covers this dirt, and it has not been mowed. 8:10 P.M. COUNCIL ADJOURNED m Regular City Council Minutes July 11, 2002 Page 39 There being no further business to come before Council, Mayor McDougal adjourned the meeting. Read and approved this day of °,t 200V MARC MCIbOUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary 39