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Home My WebLink AboutMinutes - City Council - Regular - 8/29/2002CORRECTED MINUTES CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING AUGUST 29, 2002 10:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 29th day of August, 2002, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:30 A. M. 10:33 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren; Council Member Alex "Ty" Cooke, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T.J. Patterson Absent: No one was absent. CITIZEN COMMENTS (I.) Mayor L. C. Childers of the City of Wolfforth appeared to request that the City of Lubbock release some of its extraterritorial jurisdiction northeast of Wolfforth. During the past year, the owner and developer of a square mile between 501h and 661h, from Alcove to FM 179, have discussed the potential for annexation of that property by the City of Wolfforth (the square mile north of the new school complex developed by Frenship ISD. A recent article in the Lubbock Avalanche Journal outlined the proposed development by Mike Freyburger in conjunction with the landowner, H.A. Sessions. The proposed subdivision would follow the development style of Llano Estates located to the north at 50`h and FM 179. In prior discussions with the Planning Department, the fact that the City of Lubbock is already overly extended for the installation of service (especially sewer) in the ten square miles annexed in 1999 resulted in the owner and developer working with Wolfforth to annex the area. The topic of the citizen appearance has to do with an existing contract between Lubbock and Wolfforth regarding extraterritorial jurisdiction. Within that contract, the City of Wolfforth has the south one-half of the square mile as ETJ and the City of Lubbock has the north one-half. The request is for the City of Lubbock to abandon the north one-half section as ETJ because of a state law prohibiting one city from annexing into the ETJ of another city. The sequence of events created by state law is a little confusing, but the critical beginning of that sequence for Wolfforth would be agreement of the City Council to abandon the north one half of the section. The current city limit of Lubbock would meet at the corner of 82"d and Alcove. As noted, the south half of the section is already within the Wolfforth ETJ, so that annexing the north half by Lubbock would be nearly a mile from the existing city limits that follows the north line of the Brownfield Highway. Wolfforth is in the process of working with Water Utilities to contract for water and perhaps sewer service for the new subdivision. If Lubbock annexes the area and does not extend sufficient sewer capacity to the area, it is the opinion of the Planning Department that the subdivision would not develop. Since it is vacant now, under the "like services" clause of annexation law, the City of Lubbock would not have to install sewer to the site. The City's general philosophy has been to "follow" development so as to maintain our tax base. While we concluded that the previous Council wanted to hold off on future annexation until such time as we consolidated Regular City Council Meeting August 29, 2002 Page 56 our last one, we wanted to at least visit with Council about our options before coming to a conclusion on this matter. Mayor McDougal and City Manager Cass recommended placing this item on the work session agenda for the September 17, 2002 meeting. (2.) Presentation by James H. Dirks, representing City Bank, to allow a special street name for a new street being constructed southwest of the Slide Road and Marsha Sharp Freeway intersection. This item was deleted. ( 2A.) Jim Robinson, an Elder of the New Life Family Center Church, discussed the issue of sexual predators/offenders and convicted rapist being place on Lubbock Cable Channel 6. He stated he had dealt with the abused and the perpetrators. He was in favor of the public information because he wants to protect children, but knows one individual who had been charged, served his time and was very accountable. He suggested keeping people like this off public television. 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); pending or contemplated litigation (Fire Department; Lubbock Power & Light; Planning Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); to deliberate the purchase, exchange, lease, or value of real property (Facilities Management); and to deliberate the deployment, or specific occasions for implementation of security personnel or devices (Lubbock International Airport). 10:53 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager). (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to deliberate, vote and take final action on a competitive matter regarding operation and capital statements and budgets, improvement plans, revenue and expense projections, strategic and business plans and studies of Lubbock Power and Light. to deliberate, discuss and take action on a competitive matter regarding fuel pricing, usage and fuel risk management strategies. (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Fire Department; Lubbock Power & Light; Planning Department; Water Utilities). (6.) 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: 56 Regular City Council Meeting August 29, 2002 Page 57 Airport Board Board of Electrical Examiners Citizens Traffic Commission Urban Design/Historic Preservation Commission Youth Commission —Students Zoning Board of Adjustment (7.) 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 (Facilities Management). (8.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.076, to deliberate the deployment, or specific occasions for implementation of security personnel or devices at the Lubbock International Airport. 2:05 P. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All council members were present. (9.) Presentation regarding the master plan and fund-raising drive that will be launched to build the Agriculture Heritage Museum. Dr. Don Abbe, Executive Director of Agriculture Heritage Museum, Inc. (15 minutes) Curtis Griffith, Treasurer of the Agriculture Heritage Museum introduced others officers: Dr. Don Abbe, Executive Director, Dan Taylor, Vice - President and Patty Jones, Secretary. On June 26, 2002, the City of Lubbock amended the License Agreement with the American Wind Power Center to allow for a sublicense to the Agriculture Heritage Museum, Inc. for the sole purpose of displaying antique agricultural implements. The Agriculture Heritage Museum, Inc., doing business as The American Museum of Agriculture, is now occupying eight acres on the north end of the property located at Canyon Lakes Drive and Broadway. The term of the sub -license is for five years, with an option for an additional five-year term. With that in mind, the Agriculture Heritage Museum, Inc. wishes to locate their permanent facility on the southeast corner of Mackenzie Park, on the north side of Broadway across from the American Wind Power Center. Based on the added value and synergy created by this museum, the Parks and Recreation Advisory Board endorsed this location in May 2001. In an effort to promote the continued development of the Jim Bertram Lake System, staff is currently working on a License Agreement with the Agriculture Heritage Museum, Inc for the establishment of the permanent site in Mackenzie Park. The Agriculture Heritage Museum has developed a master plan that includes an extensive package of site plans, potential exhibit designs, renderings of the permanent facility and cost projections to construct the museum. The master plan, which will be an invaluable tool for marketing and fund-raising, will be presented at the 2nd Annual Membership meeting of the Agriculture Heritage Museum, Inc. on August 22, 2002. The Agriculture Heritage Museum is currently displaying approximately one hundred antique agricultural implements such as tractors, plows, horse- drawn implements and hand tools. The hours of operation are Fridays and Saturdays from 10:00 a.m. to 5:00 p.m. Dr. Don Abbe, Executive Director of the Agriculture Heritage Museum, Inc., made a presentation regarding the master plan and fund-raising drive that will be launched to build the museum. (10.) Presentation by the Animal Shelter Advisory Committee regarding fees for animal services and general recommendations. Margaret Meacham, committee member appointee (20 minutes) 57 Regular City Council Meeting August 29, 2002 Page 58 The Council directed the Animal Shelter Advisory Committee formed in April 2002 to begin looking at fees charged for Animal Services. The Committee will discuss with Council the major challenges being imposed on this department and recommendations the Council should pursue for improving service levels. In the past six years, the number of animals being handled has doubled from 15,000 animals per year to 30,000 and the number of dispatched calls exceeds several other departments (such as Police and Fire Departments). The City has also annexed considerable land space in the last 10 years with no increase in Animal Services staff to cover these areas. There are safety issues this department contends with since they are a 24/7 department (e.g. injuries, no dispatcher to monitor night officer, and only 1 officer on weekends). Lubbock has had 2 deaths in recent years due to mauling and between 400-500 reported bites on a yearly basis must be investigated. Margaret Meacham, Chair of the Animal Shelter Advisory Committee, made a presentation regarding fees. (11.) Discuss the City of Lubbock Paving Policy and Assessment Paving Programs. Larry Hertel, City Engineer (30 minutes) This item was deleted. 2:43 P. M. WORK SESSION RECESSED 2:55 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Alex "Ty" Cooke, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary No one was absent. Mayor McDougal called the meeting to order at 2:55 P. M. (12.) Father Eugene Driscoll, Holy Spirit Catholic Church, gave the invocation. (13.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Permit and License Appeal Board Receiving: Ruth Martinez (14.) Presentation of a Proclamation declaring September 3-5, 2002 as Texas Commission on the Arts Week in Lubbock in honor of the Texas Commission on the Arts and the Texas Cultural Trust Council holding their State conference in Lubbock. The Texas Commission on the Arts and the Texas Cultural Trust Council will be holding their State quarterly meeting in Lubbock for the first time on September 3-5, 2002. The Texas Commission on the Arts is the public sector advocate that makes possible artistic, educational, and cultural opportunities for all Texans, thus ensuring that the arts continue to grow as a major contributor to the cultural and economic well being of our citizens. The mission of the Texas Commission on the Arts is to develop a receptive climate for the arts through the conservation and advancement of our rich and diverse arts and cultural industries. Bobbe Crawford, TCA Commissioner from Lubbock accepted a proclamation declaring September 3-5, 2002, as Texas Commission on the Arts Week in Lubbock in honor of the Texas Commission on the Arts and the Texas Cultural Trust Council holding their State conference in Lubbock. Ms. Crawford is the first Commissioner from Lubbock since 1975. M. Regular City Council Meeting August 29, 2002 Page 59 Ms. Crawford also recognized Lubbock Symphony, Broadway Lubbock Regional Arts Center. members of the follow organizations: Festivals, Lubbock Arts Alliance, and (15.) Presentation of Special Recognition to Royce Watson for being named the 2002 Lubbock Boys and Girls Club Youth of the Year. Royce Watson was named the 2002 Lubbock Boys and Girls Club Youth of the Year. Since he was seven years old, Royce has been a member of the organization where he was encouraged to succeed and was taught to believe in himself. Royce is an outstanding student, an excellent athlete, and a great role model, and he attributes his accomplishments to God, a loving mother, and the Girls and Boys Club. Royce received many scholarships and will be attending Texas Tech University in the fall, but he continues to volunteer his time to serving the members of the Lubbock Boys and Girls Club. Royce is also being featured in the 2002 Lubbock Area United Way Campaign video. Royce Watson accepted Special Recognition for his outstanding achievements and for being named the 2002 Boys and Girls Club Youth of the Year. (16.) Presentation of a Special Recognition to the City of Lubbock Employee United Way Committee commemorating August 29, 2002, as United Way Kick -Off Day. Since 1946, the Lubbock Area United Way has raised over $83 million in order to continue the mission of "Giving People Hope". The Lubbock Area United Way is a locally incorporated, non-profit organization that is the single largest non -governmental funder of health and human services in the Lubbock community. The annual contributions of over 30,000 citizens enable United Way to financially support local programs in twenty-three partner agencies that address a wide variety of community needs. Last year, more than 850 City employees gave over $126,000 to the United Way, 9% above the goal. The City's goal for 2002 is $128,000, and the employee campaign will run from August 29 through October 31. Events being planned by City departments include an employee picnic, Halloween dance and Mexican lunch. Andy Burcham, United Way Chair, and members of the City's United Way Committee were present to accept a Special Recognition commemorating August 29, 2002, as United Way Kick -Off Day. Council Member Morrison left the dais. CONSENT AGENDA (Items Nos. 17-32, 35_-37, 39-43, 45-52, 54-56, 58- 65, 67) Motion was made by Council Member Patterson, seconded by Council Member Martin to approve Items Nos. 17-32, 35-37, 39-43, 45-52, 54-56, 58-65, 67 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (17.) Approval of Minutes: August 7, 2002 Regular City Council Meeting July 23-24, 2002 Regular City Council Meeting July 22, 2002 Regular City Council Meeting July 11, 2002 Regular City Council Meeting 59 Regular City Council Meeting August 29, 2002 Page 60 (18.) Ordinance No. 2002-00078 abandoning and closing a portion of a Lubbock Power & Light 5-foot underground utility easement and a six- foot by six-foot switch enclosure easement located in Tract R, Raintree Addition to the City of Lubbock (3406 981h Street) (first reading). ORDINANCE NO.2002-R00078 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 5 FOOT UNDERGROUND UTILITY EASEMENT AND A 6 FOOT BY 6 FOOT SWITCH ENCLOSURE EASEMENT FOR LP&L LOCATED IN TRACT R, RAINTREE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a portion of a LP&L 5-foot underground utility easement and a switch enclosure easement located in Tract R, Raintree Addition. This is located just west of Indiana Avenue on the north side of 981h Street. This property is being re -platted for building purposes and an easement has been dedicated on the final plat to replace these closures. LP&L is in agreement with this closure. Staff recommended approval of the first reading of this ordinance. (19.) Ordinance No. 2002-00079 abandoning and closing a garbage service easement in Lot 3, Camelot Addition to the City of Lubbock (5921 34ch Street) (first reading). ORDINANCE NO. 2002-00079 AN ORDINANCE ABANDONING AND CLOSING A GARBAGE COLLECTION EASEMENT LOCATED IN LOT 3, CAMELOT ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND RECORDED IN VOLUME 3069, PAGE 94 OF THE OFFICIAL REAL PROPERTY RECORDS OF LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a garbage service easement that was recorded in Volume 3069 Page 94 of the Lubbock County Property Records and is situated where the Payless Cashways lumber yard was formerly located at the southwest corner of Loop 289 and 341h Street. This easement is being closed since there has been a blanket garbage service easement dedicated on the replat. Staff recommended approval of the first reading of this ordinance. (20.) Resolution No. 2002-RO293 authorizing the Mayor to execute a street - use license with Texland Petroleum, Inc., for the use of a portion of North Elder Avenue in Section 5, Block A, to construct and maintain an underground oil flow line (1601 North Elder). RESOLUTION NO. 2002-RO293 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 with associated documents with Texland Petroleum, Inc. to use a portion of a dedicated street to construct and maintain a system of oil flow pipelines. 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. .E Regular City Council Meeting August 29, 2002 Page 61 Passed by the City Council this 29th day of August, 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 Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the agreements is filed with Resolution No. 2002-R0293. Texland Petroleum, Inc. has requested this license for an underground oil flow line that will cross North Elder Avenue northeast of Lot 7, Lubbock Industrial Park Addition, just north of North Loop 289. This flow line will carry produced oil, water and natural gas from Texland Petroleum Lubheirs # 19 well to the treating and storage facilities located adjacent to North Guava Street. This street -use -license will be for twenty years, payable every five years. The City will receive $50 per year or $250 for each five- year period. Staff recommended approval of this resolution. (21.) Resolution No. 2002-RO294 authorizing the Mayor to execute a monitor well permit with McLain Oil Company for a street right-of-way monitor well permit (3111 Aberdeen Avenue). RESOLUTION NO. 2002-RO294 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, by and between the City of Lubbock and McLain Oil Company. 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 29th day of August, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 61 Regular City Council Meeting August 29, 2002 Page 62 APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the agreements is filed with Resolution No. 2002-R0294. This monitor well permit allows Daniel B. Stephens & Associates, Inc. to drill a ground water monitor well in the City street right-of-way of Aberdeen Avenue just east of 33Td Street. The monitor well will be drilled approximately 37 feet northeast and 6 feet west of the west corner of Lot 190, Howard & Garlington Addition to the City of Lubbock. The McLain Oil Company at 3034 Slide Rd 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 the monitor well location. Staff recommended approval of this resolution. (22.) Resolution No. 2002-RO295 authorizing the Mayor to execute a monitor well permit with Stauffer Management Company, L.L.C., for a street right-of-way monitor well permit (4415 Drake Street). RESOLUTION NO.2002-RO295 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, by and between the City of Lubbock and Stauffer Management Company, L.L.C. 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 29th day of August, 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 Chamales Linda Chamales, Supervising Attorney/Office Practice 62 Regular City Council Meeting August 29, 2002 Page 63 A copy of the agreements is filed with Resolution No. 2002-R0294. This monitor well permit allows Arcadis Geraghty & Miller to drill a ground water monitor well in City street right-of-way on Drake Street. The monitor well will be drilled approximately 180 east and 58 feet north of the northeast corner of Lot 1, T.C.I Addition to the City of Lubbock. The former Stauffer Chemical Company Warehouse 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 the monitor well location. Staff recommended approval of this resolution. (23.) Resolution No. 2002-RO296 authorizing the Mayor to execute a monitor well permit with Texas Gasman, for two street right-of-way monitor wells (7301 Brownfield Highway). RESOLUTION NO.2002-RO296 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 Gasman. 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 29th day of August, 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 Chamales Linda Chamales, Supervising Attorney/Office Practice A copy of the agreements is filed with Resolution No. 2002-R0296. This monitor well permit allows Llano -Permian Environmental to drill two ground water monitor wells in City street right-of-way. The first monitor well will be drilled approximately 15 feet south of the southeast corner of Brownfield Hwy and Upland Avenue in the east right-of-way of Upland. The second monitor well will be drilled approximately 75 feet south of the southeast corner of Brownfield Hwy and Upland Avenue in the east right- of-way of Upland. At the southwest corner of Brownfield Highway and Upland Avenue was a Bell Gas Station that had an underground leaking fuel tank and TNRCC has requested that they go off site with two monitor wells in addition to what they have already drilled on their property. This 63 Regular City Council Meeting August 29, 2002 Page 64 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. Staff recommended approval of this resolution. (24.) Resolution No. 2002-RO297 authorizing the Right -of -Way Department to make an offer to the Indiana Avenue Baptist Church for a 2.1279 acre storm water storage and drainage easement needed for the 98th Street widening project, University Avenue to Indiana Avenue (3320 981h Street). RESOLUTION NO. 2002-RO297 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for 981h Street widening project from Indiana Avenue to University Avenue and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the storm water storage and drainage easement to the tract of land further described in Exhibit "A", attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being Indiana Avenue Baptist Church BE offered through the Right -of -Way Department of the City of Lubbock the amount of $19,150.00 which is the amount appraised as the value and total damages for the storm water storage and drainage easement and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the storm water storage and drainage easement. Passed by the City Council this 29th day of August, 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 Chamales Linda Chamales, Supervising Attorney A copy of Exhibit "A" is filed with Resolution No. 2002-R0297. mal Regular City Council Meeting August 29, 2002 Page 65 This 2.1279 acre (92,693 square feet) storm water and storage easement is needed for the 981h Street widening project and is located along the north side of 981h Street, just east of Indiana Avenue. This property was appraised by Tommy Cantrell M.A.I. for $19,150, which is our offer to the Church. This resolution also authorizes the City to institute condemnation proceedings to acquire this property if our offer is refused. Staff recommended approval of this resolution. (25.) Resolution No. 2002-RO298 authorizing the Right -of -Way Department to make an offer to All Saints Episcopal School of Lubbock, Inc. for a 6.9718 acre (303,690 square feet) storm water storage and drainage easement needed for the 981h Street widening project, University Avenue to Indiana Avenue (3201 98`h Street). RESOLUTION NO.2002-RO298 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for 981h Street widening project from Indiana Avenue to University Avenue and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the storm water storage and drainage easement to the tract of land further described in Exhibit "A", attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being All Saints Episcopal School of Lubbock, Inc. BE offered through the Right -of -Way Department of the City of Lubbock the amount of $29,140.00 which is the amount appraised as the value and total damages for the storm water storage and drainage easement and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the storm water storage and drainage easement. Passed by the City Council this 29th day of August, 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 Chamales Linda Chamales, Supervising Attorney 65 Regular City Council Meeting August 29, 2002 Page 66 This 6.9718 acre (303,690 square feet) storm water and storage easement is needed for the 981h Street widening project and is located along the south side of 98`h Street, approximately 720 feet east of Indiana Avenue. Tommy Cantrell MAI appraised this easement for $29,140, which is our offer to the school. This resolution also authorizes the City to institute condemnation proceedings to acquire this property if our offer is refused. Staff recommended approval of this resolution. M. Regular City Council Meeting August 29, 2002 Page 67 (26.) Resolution No. 2002-RO299 authorizing the Right -of -Way Department to make an offer to Terry S. Key, Individually and as Trustee, Roger A. Key, Individually and as Trustee, Charles E. Key, A/K/A Charles Ellis Key, individually and as Trustee, Howard W. Key, Mary Ellis Key F/K/A Mary Ellis Maedgen, Terry S. Key, Trustee of the Lauren Elise Key Trust, for a 35,805 square foot storm water storage and drainage easement needed for the 981h Street widening project, University Avenue to Indiana Avenue (3325 981h Street). RESOLUTION NO.2002-RO299 -- WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for 98`' Street widening project from Indiana Avenue to University Avenue and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the storm water storage and drainage easement to the tract of land further described in Exhibit "A", attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being Terry S. Key, Individually and as Trustee; Roger A. Key, Individually and as Trustee; Charles E. Key, a/k/a Charles Ellis Key, Individually and as Trustee; Howard W. Key; Mary Ellis Key, f/k/a Mary Ellis Maedgen; and Terry S. Key, Trustee of the Lauren Elise Key Trust; BE offered through the Right -of -Way Department of the City of Lubbock the amount of $58,700.00 which is the amount appraised as the value and total damages for the storm water storage and drainage easement and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the storm water storage and drainage easement. Passed by the City Council this 29th day of August, 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 Chamales Linda Chamales, Supervising Attorney This 35,805 sq. ft. storm water and storage easement is needed for the 981h Street widening project and is located along the south side of 98`h Street, just east of Indiana Avenue. This easement is approximately 50-feet in 67 Regular City Council Meeting August 29, 2002 Page 68 width and 720 feet in length. This easement was appraised by Tommy Cantrell M.A.I. for $58,700, which is our offer to the Key family. This resolution also authorizes the City to institute condemnation proceedings to acquire this property if our offer is refused. Staff recommended approval of this resolution. (27.) Resolution No. 2002-RO300 authorizing the Mayor to execute a Quitclaim Deed in favor of Adam Morin and wife, Chelsey Morin, for an excess piece of Indiana Avenue right-of-way (3401 29`h Street). RESOLUTION NO. 2002-RO300 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 Quitclaim Deed in favor of Adam Morin and wife, Chelsey Morin. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 29th day of August, 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 L. Chamales, Supervising Attorney A copy of the Agreement is filed with Resolution No. 2002-R0300. This resolution authorizes the Mayor to convey a 30-foot wide by 132.5-foot long strip of excess Indiana Avenue right-of-way to the adjacent property owner, Adam and Chelsey Morin. The Morins live on the southwest corner of 29th Street and Indiana Avenue and desire to purchase this parcel that was acquired in the 1960's to widen Indiana Avenue from 19th Street to 34th Street. The City is selling this 30-foot wide strip of Indiana Avenue right-of-way for $5 per front foot or $150 total. In 1996 the Council approved the sell of excess Indiana right-of-way from 34th Street southward to 50th Street for this $5 per front foot price. This parcel is just north of this area but is typical to what has been sold from 341h to 50th Staff recommended approval of this resolution. (28.) Resolution No. 2002-RO301 authorizing the Right -of -Way Department to make an offer to Heron Land Company for a 6.582-acre tract of land in Section 36, Block AK, Lubbock County, needed for the McAlister Park Milwaukee Avenue Land Conversion Project (6002 Spur 327). RESOLUTION NO. 2002-RO301 m Regular City Council Meeting August 29, 2002 Page 69 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for McAllister Park Milwaukee Avenue Land Conversion Project and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the tracts of land further described in Exhibit "A" and Exhibit "B" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tracts, being Heron Land Company BE offered through the Right -of -Way Department of the City of Lubbock the amount of $60,016.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title. Passed by the City Council this 29th day of August, 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 Chamales Linda Chamales, Supervising Attorney A copy of Exhibits "A" and "B" is filed with Resolution No. 2002-R0301. A few years ago, the City Council approved the master transportation plan that planned for Milwaukee Avenue going through McAlister Park. This section of Milwaukee Avenue will connect the Brownfield Highway with Spur 327 and help service the park improvements at McAlister Park. In order to construct Milwaukee Avenue though the park, the Texas Parks and Wildlife Department (TP&W) requires that the City follow their conversion guidelines because the State provided funding for the original acquisition of the Park and the City is changing the use from parkland to street use. These guidelines include performing an environmental study and acquiring conversion property to replace the land taken for Milwaukee Avenue. The City had an appraiser, Tommy Cantrell, take a look at the valuation of McAlister Park, the value of Milwaukee Avenue, and the value of the conversion property. The appraiser valued the 3.104 acres needed for Milwaukee Avenue at $16,500 per acre for a total of $51,216. There is available private land owned by Heron Land Company at the southeast corner of McAlister Park, just north of Spur 327 and west of Genoa Avenue that TP&W has approved to be acquired for conversion property. The appraiser valued this land at $8,800 per acre, the majority of which is in the flood zone as much of the land is in this area of the park. TP&W also :% Regular City Council Meeting August 29, 2002 Page 70 approved the City acquiring $51,216 (value of Milwaukee Avenue) worth of this land or 5.82 acres ($8,800 X 5.82 acres = $51,216). The Parks Department is in the process of applying for a grant with TP&W and by acquiring one additional acre of this conversion land at $8,800 per acre, will qualify the City for this grant. Therefore, our offer to Heron Land Company is $60,016 for these two tracts of land that total 6.82 acres. This resolution also authorizes the City to institute condemnation proceedings to acquire this property if our offer is refused. Staff recommended approval of this resolution. (29.) Resolution No. 2002-RO302 authorizing the Right -of -Way Department to make an offer to the Falcon Steel Company for four tracts of land in Block 3 and Block 9, Richmond Addition to the City of Lubbock, for the realignment of Avenue O and Avenue P at 3rd Street in conjunction with TxDOT's Marsha Sharp Freeway (212 Avenue O). RESOLUTION NO.2002-RO302 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for realignment of Avenue O and Avenue P at 3rd Street in conjunction with the Marsha Sharp Freeway and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the tracts of land further described in Exhibit "A", Exhibit "B", Exhibit "C", and Exhibit "D" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tracts, being Falcon Steel Company, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $123,700.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title. Passed by the City Council this 29th day of August, 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 Chamales Linda Chamales, Supervising Attorney A copy of Exhibits A, B, C and D are filed with Resolution No. 2002-R0302. The Texas Department of Transportation is in the final stages of acquiring right-of-way for the Marsha Sharp Freeway. This freeway project will take 70 Regular City Council Meeting August 29, 2002 Page 71 out the intersection of Avenue O and Avenue P on the north side of 4th Street. Currently, Avenue O as it progresses northward from 4th Street splits off to Avenue P. Avenue O is a dead end street and Avenue P is a through street northward. Avenue P is open at 41h Street, but when the freeway comes through, access will be denied at this point northward and Avenue O will be the only street open to the freeway in this area. Falcon Steel owns property on both sides of 3rd Street between Avenue O and Avenue P. Their stack lot for materials is on the north side of 3rd Street and two of the four parcels are located in this area and the other two parcels needed from Falcon are on the south side of 3rd Street. These two parcels on the south side of 3rd Street contain Falcon's general office building. The two parcels on the north side of 41h Street contain 1,803 square feet (adjacent to Avenue P) and 64 square feet (adjacent to Avenue O) respectively for a total of 1,803 square feet. Tommy Cantrell M.A.I. appraised the land at $1.50 per square foot for a total appraised land value of $2,705 plus $156 in damages and $839 for improvements taken for a total of $3,700 for the two tracts on the north side of 3rd Street. The two tracts of land on the south side of 3rd Street where the office building is located contain a total of 8,547 square feet and the building contains 4,476 square feet. Mr. Cantrell also appraised these two tracts for a total of $120,000. The total for all four tracts is $123,700, which is our offer to Falcon Steel Company. This resolution also authorizes the City to institute condemnation proceedings to acquire this property if our offer is refused. Staff recommended approval of this resolution. (30.) Resolution No. 2002-RO303 authorizing the Right -of -Way Department to make an offer to Barclays Financial Management, Inc. for two tracts of land in Block 2 and Block 3, Richmond Addition to the City of Lubbock, for the realignment of Avenue O and Avenue P at 3rd Street in conjunction with TxDOT's Marsha Sharp Freeway (310 Avenue O). RESOLUTION NO.2002-RO303 WHEREAS, the City Of Lubbock, Texas, A Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for realignment of Avenue O and Avenue P at 3rd Street in conjunction with the Marsha Sharp Freeway and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the tracts of land further described in Exhibit "A" and Exhibit `B" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tracts, being Barclays Financial Management, Inc., BE offered through the Right -of -Way Department of the City of Lubbock the amount of $9,000.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City Of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain proceedings to acquire the fee simple title. Passed by the City Council this 29th day of August, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: 71 Regular City Council Meeting August 29, 2002 Page 72 /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 Chamales Linda Chamales, Supervising Attorney A copy of Exhibits A and B are filed with Resolution No. 2002-R0303. These two tracts of land are also needed for the realignment of Avenue O and Avenue P at 3rd Street due to the construction of the Marsha Sharp Freeway. The first of these two tracts of land contains 981 square feet and is located at the southeast corner of 3rd Street and Avenue P. This tract was appraised by Tommy Cantrell at $1.60 per square foot for a total of $1,569 (rounded). The second of the two tracts of land contains 1,911 square feet and is located along Avenue O just south of Falcon Steel's office building. The appraised amount of this tract was $1.60 per sq. ft. for a total of $3,058. Damages due to this taking came to be $2,684 and improvements taken came to $1,689 for a total appraised value for both tracts of $9,000, which is our offer to Barclays Financial Management, Inc. This resolution also authorizes the City to institute condemnation proceedings to acquire this property if our offer is refused. Staff recommended approval of this resolution. (31.) Resolution No. 2002-RO304 authorizing the Mayor to execute a street - use license with Harmon Tank Company for the use of a City street in Tract A, Harmon Tank Addition, for a gated property entrance (1202 Teak Avenue). RESOLUTION NO.2002-RO304 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 License Agreement for a gated property entrance, by and between the City of Lubbock and Harmon Tank Co., Inc. of Lubbock, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 29th day of August, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 72 Regular City Council Meeting August 29, 2002 Page 73 /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreement is filed with Resolution No. 2002-R0304. Harmon Tank is located between East l oth Street on the north and what would be Main Street on the south and is just east of Martin Luther King Jr. Boulevard. They replatted their property in 1991 into one large tract which involved the closure of several streets and alleys. They dedicated a cul-de-sac for Teak Avenue near the southeast corner of their property but left what used to be Teak Avenue open to the north of the cul-de-sac area so their office area could be reached. Over the last few years, they have fenced in more and more of their property due to vandalism and trespass. Between their property and East Broadway are two nightclubs that have contributed to the problem by dumping beverage containers in Teak Avenue and onto their property. Vehicles have run into their buildings and doors resulting in several thousands of dollars in damage. This street -use license will allow them to gate across the Teak Avenue entrance and eliminate nearly all of these vandalism and theft problems during night time hours when they occur. The gates will remain open during normal business hours. Immediately south of this license area is an east -west alley that can carry any vehicle traffic when the gates are closed. This street -use license will be for 20 years and since Harmon Tank was the original dedicator of the street area, no charge will be made to them for this license. Staff recommended approval of this resolution. (32.) Resolution No. 2002-RO305 authorizing the Mayor to execute a monitor — well permit with Benton Oil Company for a monitor well on City property (3316 351h Street). RESOLUTION NO.2002-RO305 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 Benton Oil Company. 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 29th day of August, 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: 73 Regular City Council Meeting August 29, 2002 Page 74 /s/ Linda Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreements is filed with Resolution No. 2002-R0305. This monitor well permit allows Daniel B. Stephens & Associates, Inc. of Lubbock to drill a ground water monitor well on City fire station property for Benton Oil Company. The monitor well will be drilled 177 feet east of Indiana Avenue and 12-feet north of the north right-of-way of 35`h Street at Fire station #6, northeast corner of 351h Street and Indiana Avenue. Benton Oil Company has a gas station at the southeast corner of 341h Street and Indiana Avenue that had underground leaking fuel tanks and the 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. This well will not be in the way of future development plans for this fire station and the City will receive $100 per year for this monitor well location. Staff recommended approval of this resolution. (33.) Resolution No. 2002-RO337 approving estimates of the cost of paving improvements on the 2001 assessment paving program and setting the date and time for a public hearing for the owners of the abutting property. This item was moved from consent agenda to regular agenda and was considered following Item 95. RESOLUTION NO.2002-RO337 PROJECT NO.9516 2001 ASSESSMENT PAVING PROGRAM RESOLUTION A RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING, CONSTRUCTING CURB AND GUTTER, AND PAVING PORTIONS OF CERTAIN STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS ALONG THE BOUNDARY OF SAID CITY, FIXING THE TIME AND PLACE FOR A HEARING FOR THE OWNERS OF ABUTTING PROPERTY AND OTHER PERSONS INTERESTED IN SAID PROPERTY, AND DIRECTING THE CITY SECRETAY TO PUBLISH NOTICE OF SAID HEARING ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the City Council of the City of Lubbock has heretofore ordered that portions of streets, highways, avenues and/or alleys be improved by grading, installing concrete curb and gutter, reinforced concrete alley pavement, and street pavement with caliche base and/or asphalt stabilized base and one and one-half (1 ''/2) inch asphalt surface, together with incidentals and appurtenances; and WHEREAS, the City Council of the City of Lubbock has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amount per front foot to be assessed against abutting property and the owners thereof, and such estimates have been prepared and examined; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT such estimates be and are hereby adopted and approved. SECTION 2. THAT notice of a hearing be given to the owners of property abutting upon the herein below mentioned portions of streets, highways, avenues and/or alleys, and to all others interested in said property. The Governing Body of the City of Lubbock has heretofore ordered that the following portions of streets, highways, avenues and/or alleys in and along the boundary of the City of Lubbock, Texas, be improved by raising, grading, filling and installing concrete curbs 74 Regular City Council Meeting August 29, 2002 Page 75 and gutters, minimum five (5) inch thick reinforce concrete alley pavement, street pavement with caliche base and/or asphalt stabilized base and one and one-half (1-%2) inch asphalt surface where necessary on streets, highways, avenues and/or alleys designated below. It is hereby found and determined that the cost of the improvements on such portions of said streets, highways, avenues and/or alleys with the amount or amounts per as follows, to -wit: The following ten (10) feet wide alley: East-West alley between I01h Street and 111h Street from Salem Avenue East to Quaker Avenue known and designated as Unit Number A-462, Sub -Unit 42. The total estimated cost for the improvements is $48,666.67. The estimated amount per foot to be assessed against the abutting property and the owners thereof is $16.00. The following ten (10) feet wide alley: East-West alley between 56th Street and 571h Street from Memphis Avenue West to Nashville Avenue known and designated as Unit Number A-462, Sub -Unit 43. The total estimated cost for the improvements is $20,333.33. The estimated amount per foot to be assessed against the abutting property and the owners thereof is $16.00. The following ten (10) feet wide alley: U-shaped alley between 85th Street and 861h Street/Oxford Avenue from 85th Street to Oxford Avenue known and designated as Unit Number A-462, Sub -Unit 44. The total estimated cost for the improvements is $40,407.33. The estimated amount per foot to be assessed against the abutting property and the owners thereof is $16.00. The following ten (10) feet wide alley: U-shaped alley between 77th Street/York Avenue and 78th Street/Zoar Avenue from Slide Road to 79th Street known and designated as Unit Number A-462, Sub -Unit 45. The total estimated cost for the improvements is $26,966.67. The estimated amount per foot to be assessed against the abutting property and the owners thereof is $16.00. The following ten (10) feet wide alley: East-West alley between 8th Street and 9th Street from Salisbury Avenue East to Salem Avenue known and designated as Unit Number A-462, Sub -Unit 46. The total estimated cost for the improvements is $26,178.67. The estimated amount per foot to be assessed against the abutting property and the owners thereof is $16.00. The following thirty-six (36) feet wide street: 25th Street from Milwaukee Avenue East to LaSalle Avenue known and designated as Unit Number 2336, Sub -Unit 001. The total estimated cost of the improvements is $24,632.20. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $8.00. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $16.50 for front property in R-1 or R-2 zones. The following thirty-six (36) feet wide street: 26th Street from Milwaukee Avenue East to Kewanee Avenue known and designated as unit Number 2336, Sub -Unit 002. The total estimated cost of the improvements is $68,418.50. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $8.00. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $16.50 for front property in R-1 or R-2 zones. An arrangement for the making and construction of such improvements with pavement of one and one-half (1-'/2) inch asphalt surface and a compacted caliche base and/or asphalt stabilized base in streets, highways, avenues and/or alleys to be constructed with pavement minimum of five (5) inch reinforced concrete slab has been made and entered into by the City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against the abutting property, and the owners thereof, have been filed with the City, such rolls or statements showing other matters and things, and have been approved; and the City Council of said City, has fixed a time and place for a hearing for the owners of property abutting upon said portions of streets, highways, avenues and /or alleys and for all others interested in said property, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvements to the units upon which the particular parcels of property abut, 75 Regular City Council Meeting August 29, 2002 Page 76 the amount of benefits to the respective parcels of property by means of the improvements to the units upon which the particular parcels of property abut, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvements, and other matters and things will be determined; and after such hearing, assessments will be ordinance be made and levied, and such hearing will be had and held by and before the City Council of the City of Lubbock, Texas, in the regular City Council Meeting Room in the Municipal Building, 1625 131h Street, in the City of Lubbock, Texas, on the loth day of October, 2002, at 11:30 a.m. o'clock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Secretary and copies thereof are in the office of the City Engineer of the City of Lubbock and open to inspection by any interested parties, and of all said matters and things all such owners of property, as well as any and others in anywise affected or interested, will take due notice. By order of the City Council of the City of Lubbock, this the 29th day of August, 2002. No notice other than that herein provided for shall be necessary and such notice shall be due and sufficient notice to any and all persons, firms, corporations and other parties. SECTION 3. THAT a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, for all persons owning or claiming any interest in property abutting any part or portion of said streets, highways, avenues and/or alleys described in Section 2 of this Resolution, as well as all other persons in anywise affected or interested. Such hearing shall be given and held on the 1 oth day of October, 2002, at 11:30 a.m. o'clock on the first floor in the Municipal Building, City of Lubbock, Texas, and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms and provisions of Subchapter D, of Chapter 314 of the Texas Transportation Code. Such notice shall be by advertisement inserted at least three times in a newspaper published in the City of Lubbock, Texas; the first publication shall be made at least twenty-one (21) days before the said hearing; and, additional written notice of the hearing shall be given by depositing in the United States Mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owners of the respective properties abutting such streets, highways, avenues and/or alleys, or portions hereof to be improved, as the names of such owners are shown on the then current rendered tax rolls of the City of Lubbock, and at the addresses shown or if the names of such respective owners do not appear on such rendered tax rolls, then addressed to such owners as their names are shown on the current unrendered rolls of the City, at the addresses shown thereon. Said notice shall comply with and be in accordance with the terms and provisions of this Resolution and said provisions of the Transportation Code. PASSED AND APPROVED BY VOTE OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS THIS THE 29TH DAY OF AUGUST, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales 76 Regular City Council Meeting August 29, 2002 Page 77 Linda L. Chamales, Supervising Attorney This resolution is the fifth assessment -paving program. follows: of five resolutions required to initiate an The proposed paving improvements are as East-West alley between I01h Street and 11`h Street from Salem Avenue East to Quaker Avenue. East-West alley between 56th Street and 57th Street from Memphis Avenue West to Nashville Avenue. U-shaped alley between 85th Street and 86th Street/Oxford Avenue from 85th Street to Oxford Avenue. U-shaped alley between 77th Street/York Avenue and 781h Street/Zoar Avenue from Slide Road to 79th Street. East-West alley between 8th Street and 91h Street from Salisbury Avenue East to Salem Avenue. 25th Street from Milwaukee Avenue East to LaSalle Avenue. 26th Street from Milwaukee Avenue East to Kewanee Avenue A date and time need to be established so that the required notification can take place. The October 10, 2002 City Council meeting is proposed for the date. A time of 11:30 AM is being suggested for the public hearing. The five alleys were petitioned by abutting property owners requesting the paving improvements. The petition for the alley between 1 Oth Street and 11 th Street was petitioned with 88% of the abutting property owners signing the petition. The petition for the alley between 56th Street and 57th Street was petitioned with 81 % of the abutting property owners signing the petition. The petition for the alley between 85th Street and 86th Street/Oxford Avenue was petitioned with 80% of the abutting property owners signing the petition. The petition for the alley between 77th Street/York Avenue and 781h Street/Zoar Avenue was petitioned with 62% of the abutting property owners signing the petition. The petition for the alley between 8th Street and 91h Street was petitioned with 77% of the abutting property owners signing the petition. For these units the hearing will serve to establish whether or not the paving should be constructed, and what portion of the cost will be charged to the abutting property owners. The two streets were petitioned by abutting property owners requesting the paving improvements. The petition for 25th Street was petitioned with 63% of the abutting property owners signing the petition. The petition for 26th Street was petitioned with 64% of the abutting property owners signing the petition. For these units the hearing will serve to establish whether or not the paving should be constructed, and what portion of the cost will be charged to the abutting property owners. Staff recommended approval of this resolution. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to pass Resolution No. 2002-R0337 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Members Cooke and Martin had stepped away from the dais. Following a motion, second and consensus of the Council, this item was reopened at the request of Council Member Martin. Council Member Martin asked Council to look at targeting the next CDBG plan from a census tract to a neighborhood block targeting and help the elderly and poor citizens with a reduced amount for paving. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2002-R0337. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Council Member Cooke had left the dais. 77 Regular City Council Meeting August 29, 2002 Page 78 Next item to be considered was Item 89. (34.) Resolution No. 2002-RO336 authorizing the Mayor to execute an amendment to the contract with Texas Tech University for campus bus service. RESOLUTION NO.2002-RO336 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment to the Contract for campus bus service, by and between the City of Lubbock and Texas Tech University, and related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 29th day of August, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Amendment is filed with Resolution No. 2002-R0336. The amendment to the contract with Texas Tech University would increase the number of service hours provided to the University for both on campus and off campus service. The amendment changes the number of service hours for on campus service for the 2002-2003 academic from 17,504 hours to 24,831 hours. This increases the fee for on campus service from $630,144 to $893,919. The service hours for the off -campus service for academic year 2002-2003 changes to 13,890 from 10,203. The fee for off campus service increases to $500,028 from $367,308. The base rate of $36.00 per hour, as stated in the original contract, does not change. The amendment increases the amount of the contract by $396,495. The three- year contract with Texas Tech University for transit services was originally approved by City Council on January 25, 2001. In accordance with the Texas Tech University, Citibus does not collect fares from the passengers. The TTU Board of Regents will consider approval of the contract at their November meeting. The TTU Board of Regents requests that the City Council execute the contract first. Staff recommended approval of this resolution. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to pass Resolution No. 2002-RO336 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Cooke had left the dais. Regular City Council Meeting August 29, 2002 Page 79 Council Member Martin stated he had requested Item 33 to be pulled from Consent Agenda and moved to Regular Agenda and Council had voted while he was out. He asked that it be reopened. Motion was made by Council Member Boren, seconded by Council Member Morrison to reopen Item No. 33. Motion carried: 6 Yeas, 0 Nays. Council Member Cooke had left the dais. Next item to be reconsidered was Item 33. 79 Regular City Council Meeting August 29, 2002 Page 80 (35.) Resolution No. 2002-RO306 authorizing the Mayor to approve a Federal Transit Administration Section 5307 Grant (Project #TX-90- X563-00), to provide operating, capital, and planning assistance for FY 2002. RESOLUTION NO.2002-RO306 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 approve for and on behalf of the City of Lubbock, a Federal Transit Administration Section 5307 Grant (Project #TX-90-X563-00) to provide operating, capital, and planning assistance for FY 2002. Said Grant 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 29th day of August, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Grant is filed with Resolution No. 2002-R0306. Citibus has electronically applied for and been allocated a Federal Transit Administration Section 5307 Grant (Project #TX-90-X563-00) for FY 2002 in the amount of $3,166,249. This is a routine grant that Citibus receives on an annual basis. The Lubbock Public Transit Advisory Board has approved the FTA Section 5307 grant and it has been incorporated into the FY 2002 budget, which has been previously approved by the City Council. The funds for this grant will be used for operating assistance, the purchase of paratransit vehicles, preventative maintenance, ADA paratransit, miscellaneous support equipment, planning assistance, and bus shelters to be located at Texas Tech University. The Federal Transit Administration did not approve this grant to be executed until July 1, 2002, which accounts for this item being brought before the City Council at such a late date. New Federal Transit Administration regulations require that all grants must be applied for and executed electronically. However, the grant was unintentionally executed before it could be brought before the City Council. Acceptance of the agreement will result in no additional cost to the City of Lubbock. Staff recommended approval of this resolution. (36.) Resolution No. 2002-RO307 authorizing the Mayor to execute a Project Agreement between Citibus and Texas Tech University for bus system improvements at the International Cultural Center. Regular City Council Meeting August 29, 2002 Page 81 RESOLUTION NO.2002-RO307 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 Project Agreement for the International Cultural Center bus improvements, by and between the City of Lubbock and Texas Tech University of Lubbock, Texas and related documents. Said Project Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 29th day of August, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Project Agreement is filed with Resolution No. 2002-R0307. This agreement between the City of Lubbock/Citibus and Texas Tech University is to allocate funds from Federal Transit Administration Grant TX-90-X517 to the University. Funds will be used to make improvements to be determined at bus stops located at the International Cultural Center. The grant allocated $18,540.00 to this project. Texas Tech University will pay the 20% match of $4,640.00. Acceptance of the contract will result in no additional cost to the City of Lubbock. Staff recommended approval of this resolution. (37.) Resolution No. 2002-RO308 authorizing the Mayor to execute a Project Agreement between Citibus and Texas Tech University for bus system improvements. RESOLUTION NO.2002-RO308 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 Project Agreement for the bus system improvements, by and between the City of Lubbock and Texas Tech University of Lubbock, Texas and related documents. Said Project 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. a Regular City Council Meeting August 29, 2002 Page 82 Passed by the City Council this 29th day of August, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL ATTEST: /s/ RebeccaGarza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Project Agreement is filed with Resolution No. 2002-R0308. This agreement between the City of Lubbock/Citibus and Texas Tech University is to allocate funds from Federal Transit Administration Grant TX-90-X563-00 to be used for bus system improvements on campus. The grant allocates $268,000.00 for this project. The 20% match of $67,000.00 will be provided by Texas Tech University. Funds will be used to plan, prepare and budget a 5-year Texas Tech University transit system and to construct bus shelters in the historic core of the Texas Tech Campus. The shelters will follow the same or similar architectural design as the existing buildings located on campus. Acceptance of the contract will result in no additional cost to the City of Lubbock. Staff recommended approval of this resolution. (38.) Resolution No. 2002-RO339 authorizing the Mayor to execute Contract No. 51305F-1017 with the Texas Department of Transportation (TxDOT) for operating assistance for Citibus. RESOLUTION NO.2002-RO339 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 No. 51305F-1017 for operating assistance, by and between the City of Lubbock and Texas Department of Transportation (TxDOT), 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 29th day of August, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary Regular City Council Meeting August 29, 2002 Page 83 APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine Assistant City 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-R0339. This item was moved from consent agenda to regular agenda and was considered following Item 89. TxDOT is allocating $1,229,354.00 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system (Citibus) for Fiscal Year 2002-2003. The $1,229,354.00 is included in the Citibus budget for FY 2002-2003 that has been previously reviewed by City Council. The contract is effective from September 1, 2002, or when fully executed by both parties, and shall terminate on August 31, 2003. Acceptance of the contract will result in no additional cost to the City of Lubbock. The City of Lubbock was allocated approximately $1,744,000.00 for the biennium. However, due to the uncertainty of federal funding in the near future, Citibus requested that a larger portion of the award be allocated in FY 2002 -2003. John Wilson, General Manager of Citibus, presented staff comments. Staff recommended approval of this resolution. Motion was made by Council Member Cooke, seconded by Council Member Patterson to pass Resolution No. 2002-RO339 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Martin had left the dais. Next item to be considered was Item 69. (39.) Resolution No. 2002-RO309 to award a one-year contract with OccMed Associates to provide drug/alcohol screenings and physicals for employees and applicants. RESOLUTION NO. 2002-RO309 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 to provide drug/alcohol screenings and physicals for employees and applicants, by and between the City of Lubbock and OccMed Associates of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. M. Regular City Council Meeting August 29, 2002 Page 84 Passed by the City Council this 29th day of August, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mary House Mary House, Director of Human Resources 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-RO309 The City of Lubbock requires drug/alcohol testing for approximately 600 applicants/employees each year; 150 to 200 are required by the Department of Transportation Approximately 200-250 Non -Civil Service and 100-150 Civil Service applicants/employees would require physicals each year. ADA also requires that the employer make reasonable accommodations for applicants and current employees who become disabled. Therefore, the City relies on the expert opinion of its Board Certified Occupational Medicine Physician(s) for help in determining avenues for accommodating employees/applicants. Covenant was originally awarded the contract through a Request for Proposal RFP #225-01/RW on December 13, 2000, and its addendum RFP #98187 on January 25, 2001, for the above mentioned occupation medicine services. On July 1, 2002, Covenant closed its I-27 Occupational Medicine Clinic due to reorganization. As a result of their reorganization Covenant could not service all requirements of the City's occupational medicine needs after terminating their only Board Certified Occupational Medicine Physician. An official ninety -day contract cancellation notification letter was sent to Covenant on July 22, 2002, in accordance with Article Il, Section B, of the contract document. Amy New, Covenant's Contract Manager, authorized the City to immediately begin utilizing OccMed Associates for all of its occupational medicine needs via an email document dated July 24, 2002. (All referenced documents are available upon request.) Staff is recommending the City Council approve a one-year contract with OccMed Associates, as it is the only Occupational Medicine Clinic operating in Lubbock with a Board Certified Occupational Medicine Physician at this time. (40.) Resolution No. 2002-RO310 authorizing the Mayor to execute a contract for the City of Lubbock's SmartTrunk Service with Southwestern Bell Communications. RESOLUTION NO.2002-RO310 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 for SmartTrunk service, E:I Regular City Council Meeting August 29, 2002 Page 85 by and between the City of Lubbock and Southwestern Bell Communications of Lubbock, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 29th day of August, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Leslie Cox Leslie Cox, Telecommunications Coordinator APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2005-R0310. The City of Lubbock is currently under a service agreement with Southwestern Bell (SWB) for SmartTrunk Interface Service. The resolution will allow for the renewal of these SmartTrunk Interfaces for a three-year period for each trunk interface. If the City of Lubbock did not renew this agreement, no incoming or outgoing calls would be allowed to the City of Lubbock facilities. The SmartTrunks are secured with redundancy through loop protection in redundant routes and via redundant central offices. The four trunks are necessary to adequately handle the number of calls received into the City during and after hours. Each trunk will allow 23 calls to enter or leave the City of Lubbock telephone switch at one time. The trunks are the connection between the SWB central office and the City of Lubbock telephone switch. The trunks also allow DIDs (Direct Inward Dialing) on the phone extensions. The contracts for the trunk service are considered a sole source, which is an exemption from Local Government Code 252. The necessary purchasing forms and signatures are attached. A letter from Southwestern Bell is also attached, stating their sole source ability to provide SmartTrunk service with this level of security via redundant routes and redundant central offices. The following trunks will be renewed for 36 months at the rate of $350 a month. Currently staff is paying $375 and $400, respectively. 806-775-3000 CLF L101 CLF L102 CLF L104 806-472-1554 CLF L106 M. Regular City Council Meeting August 29, 2002 Page 86 The annual amount of each trunk will be $4,200 for the contract period. The total contract amount will be $50,400. Funds are budgeted in the Telecommunications Budget to cover the annual costs of the contract. Staff recommended approval of this resolution. (41.) Resolution No. 2002-RO311 authorizing the Mayor to execute a contract for software to be used for the Parks & Recreation Department from Class Software Solutions Ltd. RESOLUTION NO. 2002-RO311 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 software to be used for the Parks and Recreation Department from Class Software Solutions Ltd., and all 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 29th day of August, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning, Information Technology Managing Director APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2005-RO31 I. Currently, the Parks & Recreation Department is not using an electronic system to maintain facility and activity reservations and scheduling. To help improve efficiency for the department, it was determined that the department needed to acquire a software system that accomplishes the following: • Allowing for facility reservations from any Parks location (main office, community centers, etc.) • Allowing for class and activity scheduling (which includes reserving the facility) • Scheduling of sports leagues and tournaments (including reserving the facility) • Providing for a pass management system that will speed up the process of signing up and paying for classes and activities • Providing for a web interface so that citizens can sign up for facilities and activities over the Internet. Regular City Council Meeting August 29, 2002 Page 87 Wo Regular City Council Meeting August 29, 2002 Page 88 Given the above criteria, an RFP was issued and received five responses. The proposals were reviewed by a selection committee from the Parks & Recreation and Information Technology departments. The factors used to review the responses were as follows: • Configuration (25%) • Cost (25%) • Service and Maintenance (20%) • Bandwidth Availability (20%) • Vendor Qualifications (10%) Based on the analysis by the selection committee, the totals per vendor are listed below: Class Software Solutions 92.3 Every://Ware Web and Technology Solutions 41.5 RecWare 87.5 TELUS Enterprise Solutions 79.1 Vermont Systems 85.5 Class Software Solutions, RecWare, and Vermont Systems were invited to give a presentation on their respective products. Since each of these companies had similar scores for Service and Maintenance and Bandwidth Availability, the final decision was based on the remaining three factors: • Configuration The system configuration is based on the availability of the facility reservations system, activity and sports scheduling systems, and the web interface. Both Class Software and RecWare either had all of the features or will have these features within the next year. Vermont Systems seemed to be lacking in several of these features. • Cost While Vermont Systems had the best cost, it was not as full -featured as Class Software or RecWare. • Vendor Qualifications Based on the references provided by each of the vendors, Class Software received the highest recommendations. Additionally, it appeared that more of Class Software clients are using their web interface than were clients of RecWare and Vermont Systems. Staff recommended that Class Software Solutions be awarded the contract for the Parks Software system. The cost of the system is $105,781 with annual maintenance at $18,375. The funds for this system and maintenance are budgeted within the Parks Capital Project Fund. (42.) Resolution No. 2002-RO312 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a contract pertaining to HIV surveillance, AC Family Health, OPHP-Local Public Health System and Immunization Division and any associated documents between the City of Lubbock and the Texas Department of Health. RESOLUTION NO.2002-RO312 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract (TDH Document No. 7560005906 2003, Attachments No. 03, 04, 05 and 06) pertaining to HIV surveillance, AC NEI Regular City Council Meeting August 29, 2002 Page 89 Family Health, OPHP-Local Public Health System and Immunization Division and any associated documents between the City of Lubbock and the Texas Department of Health, a copy of which contract 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 29th day of August, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommv Camden Tommy Camden, Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract is filed with Resolution No. 2005-R0312. This year's total annual contract with the Texas Department of Health, TDH Document No. 7560005906 2003, includes both financial and direct assistance. This will provide preventive, health promotion and direct services in the areas of Epidemiology, Immunization, Sexually Transmitted Diseases, Population -Based Services, Cancer Prevention activities, and HIV/AIDS Surveillance. Attachments 03, 04, 05, and 06 being considered for approval total $327,139. Contract distribution is as follows: HIV Surveillance (attachment 03). $50,251.00 total. No change from last year. The contract amount of $50,251 supports salary, fringe benefits, travel and supplies for the HIV/AIDS Surveillance specialist. In addition, $3,184 of indirect (administrative) costs are included in this attachment. This person does not operate a clinic; rather as a surveillance specialist, nhe is dedicated to investigating cases of HIV and AIDS infection in Lubbock. As of July 1, 2002, 849 individuals have been diagnosed as HIV positive, 508 have AIDS and 213 individuals have died of AIDS -related complications in the Lubbock area. One of the primary missions of public health is to monitor the health status of the community by identifying and investigating health problems and health hazards. On -going surveillance is essential in determining the nature and extent of HIV and AIDS infection in Lubbock. Accurate numbers may increase the availability of additional funding from outside sources, in order to provide services to those infected. Associate Commissioner for Family Health —Population Based (attachment 04) $51,181.00 total. No change from last year. This attachment for $51,181.00 in financial assistance provides full salary and fringe benefits for a Health Educator and partial funding for a data entry assistant. The two employees are currently assigned to the Health Education Section. Significant funding reductions from last year will continue to prevent activities planned and organized in the past such as anti -tobacco pep Regular City Council Meeting August 29, 2002 Page 90 rallies, child safety seat checkpoints, child abuse prevention workshops, health and safety fairs, and substance abuse education. For the past 6 years, the City of Lubbock Health Department has been a facilitator for the Texas Department of Health's Title V Program. During this time, the grant money has built a strong maternal and child health infrastructure within the Health Education Team (HET). The activities planned for the 2002-2003 grant include Motherhood and Prenatal Education in underserved neighborhoods as well as facilitating the prenatal parenting classes. Classes will focus on the development of parenting skills and will target at -risk teen mothers, as well as the general population. Another initiative will be a collaborative effort with the City of Lubbock 's Prevention Section, the Fire Department, and HET, in which immunizations and education are provided at no cost. Office of Public Health Practice (attachment 05). $118,554 total. A decrease of $1,794 from last year. The $93,162 in financial assistance provides salaries and fringe benefits for four City employees, and direct assistance equivalent to $25,392 for one State -paid employee. The one State -paid nurse's services are available at no cost to the City. Of the five employees, two work in the S.T.D. program, one works in the laboratory, one in Health Education, and there is one vacancy. This attachment supports comprehensive public health services that are consistent with the Health Department Mission Statement. This attachment supports developing a functional and effective public health system with the specific goal of improving public health capacity to respond to both emerging and continuing public health threats. The Sexually Transmitted Disease Program is designed to stop the spread of disease by tracking down the partners of those diagnosed with sexually transmitted diseases and either treating them or referring them to another clinic or physician. Immunizations/Locals (attachment 06). $107,153 total. A decrease of $2,630 over last year. This attachment provides salaries and fringe benefits for a Registered Nurse, a Licensed Vocational Nurse and a Secretary to run the program are included in this attachment of $107,153, a decrease of $2,630 from last year. This year the contract does not reflect a dollar amount for the vaccine provided to the Lubbock Health Department. During the current fiscal year, the vaccine is valued at approximately $145,875. However, TDH will continue to provide sufficient vaccine to meet our needs, at no cost to the City. The City of Lubbock provides an immunization clinic with the fewest barriers to service. Activities include providing immunizations at the Health Department clinic; outreach activities for infants, children and high risk adults in their homes, correctional facilities, at day care centers, the South Plains Mall, health fairs and senior citizen centers; and investigation and initiation of control measures for vaccine -preventable diseases. For example, last year, the Health Department provided immunization services to 5,519 children and 4,963 adults. This equaled to administration of 15,584 immunizations. A total of 84 immunization outreach clinics were organized reaching 5,348 children and adults. These outreach efforts are provided throughout the city and include one Saturday clinic per month. With the occurrences of September 11, 2001, the Health Department Immunization clinic had an overwhelming response to influenza vaccine requests. The staff administered 3,932 doses of flu vaccine to Lubbock citizens. This included providing influenza vaccine to postal workers at each post office location. .0 Regular City Council Meeting August 29, 2002 Page 91 Preventing diseases by the use of vaccine is considered a core service of Public Health and good public health practice provides that you do not miss an opportunity to vaccinate a child when you have a chance. Many parents do not think about immunizing their children until they take them to school at five years of age. Therefore, providing immunizations must utilize a proactive, on -going approach to reach effective levels. Total Contract (attachments 03, 04, 05, 06) Value: $327,139.00 These programs fulfill the Core Missions of Public Health —those of Surveillance, Prevention, Health Education, and Laboratory support. Without the funding from the Texas Department of Health contract, our local public health efforts would be greatly impaired and the risk of illness in Lubbock citizens would increase. Staff recommended approval of this resolution. (43.) Resolution No. 2002-RO313 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a contract pertaining to milk sample analyses and any associated documents between the City of Lubbock and the Texas Department of Health. RESOLUTION NO. 2002-RO313 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract (TDH Document No. 7560005906A 2003, Attachment No. 01) pertaining to milk sample analyses and any associated documents between the City of Lubbock and the Texas Department of Health, a copy of which contract 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 29th day of August, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract is filed with Resolution No. 2005-R0313. The Milk and Dairy Testing Attachment (01) to Document No. 7560005906A 2003 is part of the annual contract with the Texas Department of Health. The Health Department Regional Laboratory is reimbursed for laboratory analysis of milk and dairy samples at a specified rate, depending on what kind of analysis is performed. The Lab performs over 3,000 tests on the more than 700 samples submitted each year. These activities are directly related to protection of the public. Since the lab is 91 Regular City Council Meeting August 29, 2002 Page 92 reimbursed for the full cost of testing, no total dollar amount is specified in the contract. This program fulfills the Core Missions of Public Health —those of Surveillance, Prevention and Laboratory support. Without the funding from the Texas Department of Health contract, these quality assurance measures would be greatly impaired and the risk of illness in Lubbock citizens would be increased. Staff recommended approval of this resolution. (44.) Resolution No. 2002-RO341 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an Amendment No. 2 to Contract No. ALMW92433, and any associated documents by and between the City of Lubbock and Texas Tech University Health Sciences Center (TTUHSC) for physician services. RESOLUTION NO.2002-RO341 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 an Amendment No. 2 to Contract No. ALMW92433, and any associated documents by and between the City of Lubbock and Texas Tech University Health Sciences Center for physician services, a copy of which contract 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 29th day of August, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract is filed with Resolution No. 2005-R00341. This item was moved from consent agenda to regular agenda and was considered following Item 86. This amendment to an existing contract created in 1996 with the Texas Tech University Health Sciences Center effectively reduces the minimum number of hours per week from 4.5 hours to 2.0 hours that a physician must be in the Sexually Transmitted Disease (STD) clinic. The reduction in hours is the result of accreditation requirements being imposed on TTUHSC requiring teaching faculty to be present in off -site clinics for every resident student clinic. Standing orders from our Medical Director to continue treatment without a physician being on -site at all times has been approved and the clinic will not see any adverse effect with this change. All other M Regular City Council Meeting August 29, 2002 Page 93 terms and conditions of the original contract not amended remain in full force and effect. This arrangement enhances the Core Missions of Public Health —those of Surveillance, Prevention, Health Education, and Laboratory support. Tommy Camden, Health Director, presented staff comments. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Cooke to pass Resolution No. 2002-RO341 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Council Member Patterson had left the dais. Next item to be considered was Item 53. (45.) Resolution No. 2002-RO314 authorizing the Mayor to execute and submit a grant application and related documents for the Texas Department of Transportation Landscape Cost Sharing Program for improvements to the Lubbock International Airport Regis Street Corridor. RESOLUTION NO. 2002-RO314 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 application and any associated documents for a Texas Department of Transportation Landscape Cost Sharing Program for improvements to the Lubbock International Airport Regis Street corridor 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 29th day of August, 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 Application is filed with Resolution No. 2005-R0314. The Texas Transportation Commission recognizes that an aesthetically pleasing right-of-way is an important asset to our state highway system. The Commission has actively supported sound landscape development of the right-of-way and encourages cooperative landscape development projects. They believe that the long-term success of landscape development is contingent upon local community involvement. In February 1989, the Commission established the Landscape Cost Sharing Program and set aside state funds that would be used to share in the cost of 93 Regular City Council Meeting August 29, 2002 Page 94 joint landscape development projects throughout Texas. The program is operated under the rules and definitions pertaining to Public Participations Programs, Section 2.62-2.66 of Title 43, Texas Administrative Code. Applications for cost share may be submitted to the Texas Department of Transportation (TxDOT) at any time. Planned improvements include trees, native and hybrid grasses, irrigation systems, and curb and gutter installation on Regis Street from Interstate 27 east to Dr. Martin Luther King, Jr. Boulevard. The Lubbock District Office of TxDOT has not yet approved the exact amount to be recommended for funding. However, the amount of funds being requested will not exceed $750,000. The City of Lubbock is required to provide a match of at least an equal amount of cash and in -kind services. Staff proposes a combination of cash and in -kind services. This grant application responds to the City Council goals of expanding grant revenue opportunities as well as continuing the implementation of improvements and enhancements to the Lubbock International Airport Corridor. The processing time period is generally between 4-5 months. This is Phase 2 of the Regis Street Corridor Improvement Project. The City of Lubbock donor match requirement is provided from the Airport Fund, Parks and Recreation Capital Project Fund, and private contributions collected from local corporate supporters by members of the Keep Lubbock Beautiful Board. Staff recommended that Council pass the resolution authorizing the Mayor to execute and submit a grant application to the Texas Department of Transportation Landscape Cost Sharing Program for improvements to the Lubbock International Airport Regis Street Corridor. (46.) Resolution No. 2002-R0315 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. At the January 9, 1997, City Council meeting the City Council approved Ordinance #9965, which amended Chapter 2 of the Code of Ordinances of the City of Lubbock. In doing so, the duties of the Parks and Recreation Board were expanded to include review of requests for in -kind services for special/community events. The special events policy was developed in order to track special event support and monitor the increase of requests received from non-profit organizations for special events in the City of Lubbock. The policy allocates up to $200,000 annually for in -kind services. Of that amount 90% ($180,000) is earmarked for existing events, while the remaining 10% ($20,000) is targeted for new events. Each year, City staff conducts at least two training sessions for local non- profit and civic organizations to familiarize them with the special events policy and the grant process. Applications for in -kind services are due at least forty-five days prior to the event. Once received, the application is reviewed by departmental staff to ensure that the request is appropriate. For example, the Police Department reviews requests for security and traffic control to ensure that the appropriate number of officers is requested. If needed, adjustments are made to the requests and the applicants are notified. The Parks and Recreation Board then rates the grant application for in -kind City services based on the applicant's response to 9 subjective questions for each event. Each subjective question is worth up to 5 points from the individual Parks and Recreation Board members. The individually graded applications are then returned to staff in order to determine the aggregate score. There are a total of 405 possible points on the subjective section and an additional 250 possible points on the objective section of the application with a possible 655 points for each event. The objective section deals with the percent of budget that is publicly funded, the applicant's non-profit status, etc. Regular City Council Meeting August 29, 2002 Page 95 On June 25, 2002 and August 12, 2002, the Parks and Recreation Board approved the aggregate scoring and recommended the following Special Event Applications for in -kind services: 95 Regular City Council Meeting August 29, 2002 Page 96 Event In -Kind Requested Percent Awarded In -Kind Proposed Buddy Holly Festival $4,355 82% $3,571 Panhandle South Plains Fair (September, 2002) $9,800 94% $9,212 Total $14,155 $129783 To date, there is a total of $99,181 of in -kind services approved for FY 2001-2002 with a total of $12,783 to be considered for approval, all of which will be absorbed within the existing departmental budgets. The event organizers will be responsible for making up the difference. Since the Panhandle South Plains Fair event being recommended for approval is a new event, this would leave a balance of $8,716 of in -kind services that can be allocated for new special events in FY 2001-2002. Since the Buddy Holly Festival event being recommended for approval is an existing event, this would leave a balance of $79,320 of in -kind services that can be allocated for existing special events in FY 2001-2002. Staff recommended approval of this resolution. (47.) Resolution No. 2002-RO316 authorizing the Mayor to execute Change Order No. 1 with Utility Contractors of America for additional work associated with re-routing of the sewer line for the Annexation Sanitary Sewer Improvements in the amount of $39,163. RESOLUTION NO.2002-RO316 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. ITB #048-01/VK) with Utility Contractors of America, for relocation of a manhole and revision of pipeline route, 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 29th day of August, 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 the Change Order is filed with Resolution No. 2002-R0316. This change order is necessary because of a mislocated pipeline and a 99 Regular City Council Meeting August 29, 2002 Page 97 change in the pipeline route. At the beginning of Phase 2 of the Annexation Sanitary Sewer Improvements, city forces located the existing 36-inch pipeline in 98th Street for the contractor. Unfortunately, the original pipeline route deviated from a straight line between two manholes to miss a surface conflict that existed at the time. The contractor requested additional monies for delays and backfill. Also, the pipeline route was modified as a result of negotiations with the landowner. This realignment added 300 feet to the project and caused additional work for the contractor. Staff recommended approval of this resolution. (48.) Resolution No. 2002-RO317 authorizing the Mayor to execute Change Order No. 2 with Utility Contractors of America for a reduction in the Annexation Sanitary Sewer Improvements contract in the amount of $33,300. RESOLUTION NO.2002-RO317 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. 2 to a contract (Bid No. ITB #048-01/VK) with Utility Contractors of America, for a reduction in the amount of work to be performed, a copy of which Change Order No. 2 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 29th day of August, 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 the Change Order is filed with Resolution No. 2002-R0317. This change order is necessary due an error in the bid form. A line item in the bid form for a bore and casing was not necessary. Staff recommended approval of this resolution. (49.) Resolution No. 2002-RO318 authorizing acceptance of water and sanitary sewer improvements for Lots 125-164, South Pointe Addition to the City of Lubbock, Lubbock County, Texas. 97 Regular City Council Meeting August 29, 2002 Page 98 RESOLUTION NO.2002-R-0318 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 125 - 164, SOUTH POINTE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 125 — 164 South Pointe Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $60,801.95 with the improvements constructed by Utility Contractors of America having a value of $39,538.65 as determined by the unit prices established by said Chapter 28, and $6,866.02 cash paid to the City, which amount includes $5,429.17 cash for adjacent lines, with Lubbock Land Company, the developer, to receive a refund of $15,851.34 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $15,851.34 be made in accordance with said Chapter 28. SECTION 3 THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 29th day of August, 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, Water UtilitiesPublic Works APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $60,801.95 and has a value of $39,538.65 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $6,866.02 that includes $5,429.17 for adjacent mains. The developer, Lubbock Land Company, will receive a refund of $15,851.34 in accordance with Chapter 28. There is no refund deposit. The subdivision is located on 771h Street between Avenues S and U. Staff recommended approval of this resolution. Regular City Council Meeting August 29, 2002 Page 99 (50.) Resolution No. 2002-RO319 authorizing acceptance of water and sanitary sewer improvements for Lots 482-572, Westchester Park Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO.2002-RO319 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 482 - 572, WESTCHESTER PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 482 —572 Westchester Park Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $127,381.69 with the improvements constructed by Utility Contractors of America having a value of $86,807.30 as determined by the unit prices established by said Chapter 28, and $12,060.82 cash paid to the City, which amount includes $9,974.65 cash for adjacent lines, with Westchester Park 1, Inc., the developer, to receive a refund of $36,448.77 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $36,448.77 be made in accordance with said Chapter 28. SECTION 3 THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 29th day of August, 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, Water UtilitiesPublic Works APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $127,381.69 and has a value of $86,807.30 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock . Cash paid to the City of Lubbock is $12,060.82 that includes $9,974.65 for adjacent mains. The developer, Westchester Park 1, Inc., will receive a refund of $36,448.77 in accordance with Chapter 28. There is no refund deposit. The subdivision is located west of Milwaukee Ave. along 61h and 71h Streets. Regular City Council Meeting August 29, 2002 Page 100 Staff recommended approval of this resolution. (51.) Resolution No. 2002-RO320 authorizing the Mayor to approve the Lubbock Emergency Communication District Budget for Fiscal Year 2001-2002 and the L.E.C.D. action in setting the service fee at 5% of the telephone base rate effective January 1, 2003. RESOLUTION NO.2002-RO320 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 Resolution to approve the Lubbock Emergency Communication District Budget for Fiscal Year 2001/2002 and the L.E.C.D. action in setting the service fee at 5% of the telephone base rate effective January 1, 2003. Said budget 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 29th day of August, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning Information Technology Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the budget is filed with Resolution No. 2002-R0320. The Lubbock Emergency Communication District (LECD) is required to submit its annual budget for approval to governing bodies within the boundaries of the District. For that reason, the LECD Board of Managers is submitting its Fiscal Year 2002-2003 Budget. It was the opinion of the LECD Board of Managers that the proposed budget represents a fair and prudent financial plan to accomplish the LECD mission of providing Enhanced 9-1-1 service to the citizens of Lubbock County. It was further ordered, by the Board of Managers, that the service fee, as authorized by Texas Health and Safety Code Section 772.301 through 772.329, be continued at 5% of the base telephone rate on all service users in the District. As Council may recall, staff lowered the rate to 5% in 2001 (effective for the 2002 calendar year) from 6%. Staff recommended acceptance of the LECD's fiscal year 2002-2003 proposed Budget. (52.) Resolution No. 2002-RO321 authorizing the Mayor to make changes to the City of Lubbock FY 2001-02 Capital Projects Budget for the Lubbock International Airport. 100 Regular City Council Meeting August 29, 2002 Page 101 RESOLUTION NO.2002-RO321 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budget for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Manager of the City of Lubbock is hereby authorized and directed to make the following changes to the City of Lubbock Budget for municipal purposes: Two Capital Projects in the Airport Fund will be changed to account for increased costs associated with their completion. The Silent Wings Museum project budget needs to increase from $2,313,835 to $2,353,835 with a $40,000 increase coming from fundraising designated for the Silent Wings Museum. The additional costs for this project are related to conditions found in the old terminal building during construction, which were not discovered during the initial design and bid processes. The Construct High Speed Taxiway B1 project budget needs to increase from $1,369,880 to $2,124,514 with a $522,788 increase coming from FAA Entitlement Grants and an additional $231,846 coming from Passenger Facility Charges. The increase is driven by a change initiated by FAA air traffic controllers who during the design process, indicated the need to relocate the proposed exit from one side of the runway to the other. SECTION 2. THAT a copy of the change made to the City of Lubbock Budget pursuant to the Resolution shall be filed with the City Secretary and County Clerk of Lubbock as required by law. Passed by the City Council this 29th day of August, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Melissa Trevino Melissa Trevino, Budget Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This budget amendment will increase the Silent Wings Museum construction budget from $2,313,835 to $2,353,835, an overall increase of $40,000 or approximately 1.7 percent. The additional costs are related to conditions found in the old terminal during construction that were not discovered during the design process. Also included is a change in construction materials for a seal that will be located in the center of the plaza at the entrance to the museum. During the submittal process it was discovered that the colors of the seal cannot be duplicated in terrazzo, 101 Regular City Council Meeting August 29, 2002 Page 102 requiring a change to mosaic tile. This budget amendment will be funded with $40,000 generated through the Silent Wings fund raising campaign. In the early conceptual stages of the High Speed Taxiway B, this project was funded at $1,369,860 with FAA Entitlement Grant funds and Passenger Facility Charge funds. This budget amendment will increase the project to $2,124,514. The increase is being driven by a change initiated by FAA air traffic controllers who during the design process expressed a desire to relocate the proposed exit from one side of the runway to the other. The change will provide a more suitable exit for smaller aircraft exiting Lubbock International's main runway, increasing operational efficiency and improving safety. It will also provide an additional entry point into the newly constructed cargo ramp expansion on the west side of the airport benefiting the Federal Express and Airborne cargo facilities. The additional funding will be a $522,788 increase coming from FAA Entitlement Grants and an additional $231,846 coming from Passenger Facility Charges under the FAA's Airport Improvement Program. The Airport Board has reviewed the proposed change and recommended approval. Staff recommended approval of this resolution. (53.) Resolution No. 2002-RO342 authorizing the Mayor to make changes to the City of Lubbock FY 2001-02 Streets Capital Projects Budget to provide funding to TxDOT for the Marsha Sharp Freeway right-of- way. RESOLUTION NO.2002-RO342 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budget for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes: and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Manager of the City of Lubbock is hereby authorized and directed to make the following changes to the City of Lubbock Budget for municipal purposes: The East-West Freeway Capital Project in the Streets Capital Projects Fund will be changed to account for increased costs associated with its completion. TxDOT's estimate of total R.O.W. costs is now $161,000,000, of which the City of Lubbock is obligated to pay 10%, or $16,100,000. The City has paid $6,000,000 to date. The Lubbock TxDOT office is requesting payment of $6,102,135 to bring the City of Lubbock current on its 10% participation. Acquisition costs have doubled because of wider R.O.W. than original, a longer rail relocation length and higher rail construction costs, higher utility relocation costs, asbestos abatement prior to demolition and inflation. The current budget is $19,270,000. In order to pay TxDot the payment of $6,102,135, the budget will need to increase by $4,018,000. City Council is being asked to authorize the use of the thoroughfare reserves ($1,092,000) and the East- West Freeway interest reserve ($1,244,000). Another $1,682,000 is to come from existing capital projects and the budget will be adjusted for this. The other $2,084,135 is to come from the current budget amount. The attached Exhibit A outlines the specific changes. The remaining $4,000,000 would be included in future debt issuances of $2,400,000 in Spring 2004 and $1,600,000 in Spring 2005. Incurring debt on this timetable can be accomplished without a tax increase. 102 Regular City Council Meeting August 29, 2002 Page 103 SECTION 2. THAT a copy of the change made to the City of Lubbock Budget pursuant to the Resolution shall be filed with the City Secretary and County Clerk of Lubbock as required by law. Passed by the City Council this 29th day of August, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Melissa Trevino Melissa Trevino, Budget Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2002-R0342. This item was moved from consent agenda to regular agenda and was considered following Item 44. Current Request: TxDOT's estimate of total right-of-way costs is now $161,000,000, of which the City of Lubbock is obligated to pay 10%, or $16,100,000. The City has paid $6,000,000 to date. The Lubbock TxDOT office is requesting payment of $6,102,135 to bring the City of Lubbock current on its 10% participation. Another $4,000,000 will be needed in the next 18 to 36 months. History: Before R.O.W. acquisition began in 1995, the City agreed to pay 10% of the costs (by Council Resolution No. 4930). At that time the estimate of the City's share was $8M, however the City's participation is not "capped." Acquisition costs have doubled because of wider R.O.W. than original, a longer rail relocation length and higher rail construction costs, higher utility relocation costs, asbestos abatement prior to demolition and inflation. Budget Change: A budget change is necessary to Capital Project #915- 9513 East-West Freeway. The current budget is $19,270,000. In order to pay TxDOT the payment of $6,102,135, the budget will need to increase by $4,018,000. City Council is being asked to authorize the use of the thoroughfare reserves ($1,092,000) and the East-West Freeway interest reserve ($1,244,000). Another $1,682,000 is to come from existing capital projects and the budget will be adjusted for this. The other $2,084,135 is to come from the current budget amount. Funding Sources: Following are the sources of funds identified to meet the City's obligation of $6,102,135: Require Council Authorization to use: • Thoroughfare reserves = $1,092,000. These funds were accumulated several years ago from General Fund year-end balances. • Interest reserve = $1,244,000. Interest earned on bond funds. • Loop 289 project (right turn lanes at Slide, Quaker, Indiana = $351,249) will have a budget of $0 after funding is moved to E-W 103 Regular City Council Meeting August 29, 2002 Page104 Freeway. These intersections are functioning well since TxDOT finished its work. • State/Fed match project (issued in 2000 & 2001 GO bonds = $1,330,751) will have a budget of $116,834 after funding is moved to E-W Freeway. These funds were included in the 1999 Street bond package in anticipation of getting one State off -system (City street) project a year. Marsha Sharp Freeway R.O.W. acquisition costs and revised construction estimates have absorbed TxDOT funding that could go to off -system projects. • E-W Freeway Project funds = $2,200,000 (Currently remaining in project). Remainder of the $8,200,000 issued in 1989 and 1993. The remaining $4,000,000 would be included in future debt issuances of $2,400,000 in Spring 2004 and $1,600,000 in Spring 2005. Incurring debt on this timetable can be accomplished without a tax increase. Richard Burdine, Assistant City Manager, presented staff comments. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2002-RO342 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal had left the dais. Next item to be considered was Item 88. (54.) Resolution No. 2002-RO322 approving, for purposes of Section 147(f) of the Internal Revenue Code, the execution and delivery of a Master Financing Agreement (not to exceed $10,000,000 in aggregate principal amount) by the Lubbock Health Facilities Development Corporation and the execution and delivery of related documents for the purpose of providing for the acquisition by Covenant Health System of two medical transport helicopters. RESOLUTION NO.2002-RO322 WHEREAS, Covenant Health System ("the Hospital") has requested the Lubbock Health Facilities Development corporation (the "Corporation") to execute and deliver a master financing agreement, a schedule thereto and certain other documents to finance certain improvements to the health facilities owned and operated by the Hospital (the "Project"); WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code") the issuance of certain obligations, including the master financing agreement and related documents, by the Corporation must be approved by the City of Lubbock (the "City"); and WHEREAS, pursuant to Section 147(f) of the Code, the Corporation has, following notice duly given, held a public hearing regarding the issuance of the master finance agreement and related documents and now desires to approve the issuance thereof, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK as follows: 1. The City Council hereby approves the issuance of a Master Financing Agreement and related documents (the "Documents") by the Lubbock Health Facilities Development Corporation to finance the Project. It is the intent of the city Council that this resolution constitute approval of the issuance of such Document for the purposes of Section 147(f) of the Code, and does not otherwise constitute and endorsement of the issuance of the Documents. The City shall have no obligation of any kind with respect to the payments under the Documents. 2. The Officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. iDZII Regular City Council Meeting August 29, 2002 Page 105 3. This resolution shall take effect immediately upon its passage. 105 Regular City Council Meeting August 29, 2002 Page106 PASSED AND ADOPTED this 29th day of August, 2002, by the following vote: AYES: 6 NOES: 0 ABSENT: By /s/ MARC MCDOUGAL Mayor of the City of Lubbock [SEAL] Attest: By /s/ Rebecca Garza City Secretary Covenant Health Systems ("Covenant") has requested Lubbock Health Facilities Development Corporation ("LHFDC") to issue tax-exempt financing to pay a portion of two medical transport helicopters. Covenant has made application to LHFDC, which is a tax-exempt financing conduit sponsored by the City of Lubbock. LHFDC conducted a public hearing at which no one appeared to speak against the Project as part of the debt issuance process. In order for the tax-exempt financing to be issued by LHFDC for Covenant, the Internal Revenue Service requires the City to acknowledge and approve the financing of the Project. The tax-exempt financing will not be issued in the name of the City of Lubbock and the City of Lubbock assumes no responsibility or liability for the bonds or their repayment The City of Lubbock assumes no responsibility for this debt and this debt is necessary to fund acquisition costs of two medical transport helicopters. Staff recommended approval of this resolution. (55.) Resolution No. 2002-R0323/RFP#095-02/RW—for Radio Shop Parts & Equipment (Radio Shop). RESOLUTION NO.2002-RO323 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 radio shop parts & equipment, by and between the City of Lubbock and M/A-COM Private Radio Systems, Inc. of Lynchburg, Virginia, 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 29th day of August, 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 106 Regular City Council Meeting August 29, 2002 Page 107 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-R0323. This purchase is for radio equipment and repair parts for the City's 800 MHz Enhanced Digital Access Communications System (EDACS — a registered trademark of M/A-Com) radio system. All departments in the City use the radio system along with the Lubbock County Sheriffs Office, Lubbock Emergency Medical Service and the Texas Alcoholic Beverage Commission. M/A-Com was the only company to respond to the Request for Proposals (RFP). The respondents to the RFP were to furnish a price list for all radio equipment and repair parts to be used on the City's 800 MHz Radio System. Staff recommended award to M/A-COM Private Radio Systems, Inc. of Lynchburg, Virginia. (56.) Resolution No. 2002-R0324/BID #102-02/BM—for Window Cleaning Services at L.I.A.- Annual Pricing (Aviation). RESOLUTION NO. 2002-RO324 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for window cleaning services at LIA — annual pricing, by and between the City of Lubbock and Industrial Maintenance & Supply of Lubbock, Texas, and related documents. Said Letter of Award 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 29th day of August, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning Information Technology Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Letter of Award is filed with Resolution No. 2002-R0324. This bid is for window cleaning services at the Lubbock International Airport terminal building. The contract is for labor and materials to clean windows on a monthly and annual basis. The low bid is $22,300 from Industrial Maintenance and Supply, of Lubbock, Texas, and is within the Airports Professional Services budget. (57.) Resolution No. 2002-R0345; Resolution No. 2002-R0346; and Resolution No. 2002-R0347/BID ,#121-02/RS—for Automobiles & Light Duty Trucks (Fleet Services). 107 Regular City Council Meeting August 29, 2002 Page108 RESOLUTION NO.2002-RO345 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 automobiles & light duty trucks, by and between the City of Lubbock and Philpott Motors, Ltd. of Port Neches, 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 29th day of August, 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-R0345. RESOLUTION NO.2002-RO346 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 automobiles & light duty trucks, by and between the City of Lubbock and Gene Messer Ford 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 29th day of August, 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 Regular City Council Meeting August 29, 2002 Page 109 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-R0346. RESOLUTION NO.2002-RO347 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 automobiles & light duty trucks, by and between the City of Lubbock and Shamrock Chevrolet 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 29th day of August, 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-R0347. This item was moved from consent agenda to regular agenda and was considered following Item 94. This bid is for the purchase of automobiles and light duty trucks approved in the revised 2001-2002 budget for Municipal Court, Police Administration, Police Training, Police Investigations, Building Inspections, Environmental Inspections, Fire Equipment Maintenance, Environmental Inspections, Cemetery, Park Maintenance, and Fire Department. Item #4 for the % ton Full Size Crew Cab Pickup per Spec 310 has been recommended for award to Gene Messer Ford of Lubbock, Texas by applying the 3% local preference stated in the bid document. The low bids are from the following companies: Shamrock Chevrolet of Lubbock, TX $301,858 Gene Messer Ford of Lubbock, TX $ 49,645 Scoggin-Dickey Chevrolet -Buick of Lubbock, TX $ 18,436 Philpott Motors, Ltd. Of Port Neches, TX $ 71,776 The low bids total is $441,715 and is within the Capital Outlay -Fleet Replacements Revised 01-02 budget. 109 Regular City Council Meeting August 29, 2002 Page 110 Motion was made by Council Member Martin, seconded by Council Member Patterson to reject #1 and rebid the full size vehicles and adopt the rest. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal had left the dais. After discussion, motion was made by Council Member Martin, seconded by Council Member Cooke to reject #1 of the bid tab and make this as a separate motion from the rest of the items. Motion carried: 6 Yeas, 0 Nays. Motion was then made by Council Member Martin, seconded by Council Member Cooke that the rest of the bid tab is awarded on low bid specifications. Motion failed: 3 Yeas, 2 Nays. Mayor Pro Tern Hernandez and Council Member Boren voted Nay. Four Yeas are required for a motion to pass; therefore this motion will be reconsidered at the latter part of the Regular Session. Mayor McDougal and Council Member Patterson had left the dais. Next item to be considered was Item 82. After Council reconvened at 7:50 P.M., this item (57.) was reconsidered. All council members were present. Motion was made by Council Member Morrison, seconded by Council Member Martin, to pull bid tab #4 and vote on it separately, Motion carried; 7 Yeas, 0 Nays. Motion was made by Council Member Martin, seconded by Council Member Cooke, to approve Items 2, 3, 5 — 9 low bid specs. Motion carried: 7 Yeas, 0 Nays. Motion was made by Council Member Boren, seconded by Council Member Hernandez, to approve Gene Messer as the local preference bid award on Item 4. Motion failed: 3 Yeas, 4 Nays. Council Members Cooke, Martin, Morrison, and Patterson voted Nay. Motion was made by Council Member Patterson, seconded by Council Member Martin, to accept the low bid on Item 4. Motion carried: 4 Yeas, 3 Nays. Council Members Boren, Hernandez and Mayor McDougal voted Nay. Next item to be considered was Item 96. (58.) Resolution No. 2002-110325/11I1) #132-02/BM—for Roll -off Container Replacement (Solid Waste). RESOLUTION NO.2002-RO325 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 roll -off container replacement, by and between the City of Lubbock and Wastequip — May Fab of Beeville, 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 29th day of August, 2002. /S/ MARC MCD DUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 110 Regular City Council Meeting August 29, 2002 Page I I I 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-R0325. This bid is for the purchase of 20 30-cubic yard roll -off containers and 20 40-cubic yard roll -off containers for recycling, citizen collection, drop-off facilities, and clean-up events. The containers will be used to store recyclable items, bulky items, refuse, and other solid waste materials. The low bid is $100,580 from Wastequip-May Fab of Beeville, Texas and is within the Container Replacement budget. (59.) Resolution No. 2002-R0326/BID #133-02/BM—for Water Main and Distribution System Piping (Pipeline Maintenance). RESOLUTION NO. 2002-R0326 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 water main and distribution system, by and between the City of Lubbock and O'Tool Industries 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 29th day of August, 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-R0326. This bid is for the purchase of 11,500 feet of 12-inch domestic water main pipe of which 9,000 feet will be used to extend service to the Lubbock International Airport Tyco Project. The remaining 2,500 feet will be used to expand the water distribution system in the 981h street corridor between Indiana and University Avenues. Equal consideration was given to several different types of water piping including PVC, HDPE, Ductile Iron and Concrete Cylinder pipe. After an extensive review of the HDPE SDR-17 pipe, it was determined to meet the bid specifications. HDPE pipe is classified by its working pressure while PVC pipe is classified by its pressure class. It was determined that 111 Regular City Council Meeting August 29, 2002 Page 112 HDPE SDR-17 with a working pressure of 100 psi is equivalent to and meets the same specifications as a PVC pipe with a pressure class of 150 psi. The working pressure of the systems where this pipe will be installed will be less than 100 psi. Therefore, it was determined to accept HDPE SDR-17 as meeting the specifications. The low bid is $78,775 from O'Tool Industries of Lubbock, Texas and is within the Water Lines Ahead of Paving budget amount. (60.) Resolution No. 2002-R0327BID#138-02/RS—for Health Department Elevator Installation (Facilities Management). RESOLUTION NO. 2002-RO327 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 to furnish and install an elevator at the Lubbock Health Department, by and between the City of Lubbock and Knox, Gailey & Meador, 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 29th day of August, 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 29th day of August, 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 Knox, Gailey & Meador, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #138-02/RS - Furnish and Install Elevator at Lubbock Health Department - $127,119.00 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 112 Regular City Council Meeting August 29, 2002 Page 113 accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) Knox, Gailey & Meador, Inc. By: Marc McDougal Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney By: /s/ Dan Meador PRINTED NAME: Dan Meador TITLE: President COMPLETE ADDRESS: Knox, Gailey & Meador, Inc. P.O. Box 5736 Lubbock, Texas 79408 ATTEST: Corporate Secretary This bid is for the installation of a hydraulic elevator at the City of Lubbock Health Department. The Environmental Health Department will relocate from Municipal Building to space on the second floor of the Health Department. The relocation will allow for better health related services in a single location and alleviate some crowding in the Municipal Building. Due to the extensive contact Environmental Health Department personnel have with citizens and businesses within Lubbock and Lubbock County, an elevator will provide accessibility for persons with restricted mobility to the department. The installation of the elevator is the first phase of renovations at the Health Department. The low bid is $127,119 from Knox, Gailey & Meador Inc. of Lubbock, Texas and is within the Buildings Capital Outlay -Health and Community Services Citizen Center budget. (61.) Resolution No. 2002-110328/13I1) #140-02/RS—for Frankford Avenue Paving Improvements from 82"d Street to 98`h Street (Street Drainage Engineering). RESOLUTION NO.2002-RO328 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 Frankford Avenue paving improvements from 82"d Street to 981h Street, by and between the City of Lubbock and West Texas Paving, 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. 113 Regular City Council Meeting August 29, 2002 Page 114 Passed by the City Council this 29th day of August, 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 29th day of August, 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 West Texas Paving, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #140-02/RS - Frankford Avenue Paving Improvements from 82nd Street to 98th Street - $2173,770.90 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 114 Regular City Council Meeting August 29, 2002 Page 115 CITY OF LUBBOCK, TEXAS (OWNER) By: Marc McDougal Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: /s/ Larry D. Hertel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney West Texas Paving, Inc. By: /s/ Darrell Jarnagin PRINTED NAME: Darrell Jarnagin TITLE: President COMPLETE ADDRESS: P.O. Box 64187 Lubbock, Texas 79464 ATTEST: Corporate Secretary This bid is for Frankford Avenue paving improvements from 82nd Street to 981h Street. This project was approved in the amount of $2,676,000 in the last bond election to relieve the traffic congestion on Frankford Avenue from 82nd Street to 981h Street. The project is to construct a seven -lane thoroughfare street for this one -mile section of Frankford Avenue. The low bid is $2,173,770.90 from West Texas Paving of Lubbock, Texas and is within the System Capital Outlay-Frankford Avenue 82nd to 98th Street Improvements budget. (62.) Resolution No. 2002-110329/13I1) #143-02/BM—for Turbine & Portable Fire Hydrant Meters — Annual Pricing (Metering & Customer Service). RESOLUTION NO.2002-RO329 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for turbine & portable fire hydrant meters — annual pricing, by and between the City of Lubbock and Master Meter, Inc. of Fort Worth, Texas, and related documents. Said Letter of Award 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 29th day of August, 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 115 Regular City Council Meeting August 29, 2002 Page 116 A copy of the Letter of Award is filed with Resolution No. 2002-R0329. This bid is to establish annual pricing for turbine meters, three-inch through ten -inch, and portable fire hydrant meters. The turbine meters will be installed at various business locations for building and irrigation use. The portable fire hydrant meters are used by the City to measure water use from fire hydrants throughout the City by contractors. The primary source of revenue for Public Works Water Utilities is derived from water sold and sewer disposal. The water meter is the only accurate way to measure and assess the user fee. The revenue stream will be greatly impacted without an accurate way of measuring water use. These meters will replace those that have been in service for more than ten years and are no longer accurately measuring water sold. They will also be used to replace those that fail with less than ten years of service and are determined to be irreparable. The low bids are from the following companies: Master Meter, Inc. of Fort Worth, TX $17,035.05 Hersey Meters Company of Cleveland, NC $4,937.00. The low bid total is $21,972.05 and is within the Water Meter Inventory budget. (63.) Resolution No. 2002-R0330/BID #148-02BM—for Pilot Scale Water Treatment Plant (Public Works). RESOLUTION NO.2002-RO330 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 Pilot Scale Water Treatment Plant, by and between the City of Lubbock and CDM Engineers & Contractors, Inc. of Long Beach, California, 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 29th day of August, 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 116 Regular City Council Meeting August 29, 2002 Page 117 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 29th day of August, 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 CDM Engineers & Constructors, Inc., of the City of Long Beach, County of Los Angeles, 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 #148-02/13M - Pilot Scale Water Treatment Plant - $239,249.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) CDM Engineers & Constructors, Inc. By: Marc McDougal Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: /s/ Gary Essary Owner's Representative APPROVED AS TO FORM: By: /s/ Cary A. Parton PRINTED NAME: Cary A. Parton TITLE: PCM COMPLETE ADDRESS: CDM Engineers & Constructors, Inc. 2030 West 17th Street Long Beach, CA 90813-1084 ATTEST: Cathe L. Buckley Asst. Corporate Secretary /s/ William de Haas City Attorney This project involves the construction of a pilot -scale water treatment plant for use by the Water Treatment Department. The pilot plant will be constructed on site and will include all necessary instrumentation such as chlorine and ammonia monitors and turbidimeters. It will also include current treatment processes utilized in the full-scale plant as well as allow for expansion to future processes and technologies. This plant is necessary to allow testing of alternate chemicals and technologies on a small scale before implementing to a full plant operation. This will also be a very 117 Regular City Council Meeting August 29, 2002 Page 118 valuable training tool for both existing and future water treatment staff. Three construction firms submitted bids for this project. Low bid is $239,249 from CDM Engineers and Contractors, Inc. of Long Beach, California and is within the Water Treatment Plant Optimization Project budget. (64.) Resolution No. 2002-R0331/BID #149-02/RS—for Regis Street Irrigation Parts and Supplies (Park Maintenance). RESOLUTION NO.2002-RO331 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 turf irrigation parts & supplies, by and between the City of Lubbock and Watermaster Irrigation Supply, 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 29th day of August, 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-R0331. This bid is for the purchase of irrigation supplies that will be installed as part of the Airport Corridor Landscape Improvement. Irrigation supplies purchased with this bid will provide the materials to reinforce and enhance the Regis Street and Martin Luther King, Jr. Boulevard Corridor by developing a beautiful parkway that will be an area of entry and development. The project will create a sense of visual linkage of the Airport with I-27. The low bids are from the following companies: Watermaster Irrigation Supply, Inc. of Lubbock, TX $47,323.99 Ewing Irrigation Products of Amarillo, TX $ 2,708.31 Equipment Supply Company, Inc. of Lubbock, TX $ 4,281.58 John Deere Landscapes of Lubbock, TX $ 45.29 The low bid total is $54,359.17 and is within the System Capital Outlay - Regis Corridor Enhancement program budget. (65.) Resolution No. 2002-R0332/RFP #169-02/RW—for Flow Meters (Water Reclamation). 118 Regular City Council Meeting August 29, 2002 Page 119 RESOLUTION NO.2002-RO332 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 flow meters, by and between the City of Lubbock and Macaulay Controls Company of Houston, 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 29th day of August, 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-R0332. This purchase is for flow meters that will be used to replace the existing meters in the inflow vaults that measure the Wastewater flowing into the Wastewater Reclamation Plant. These flow rates are then used to determine the infiltration of collection lines during a rain event. This type of meter is installed above the wastewater flow and can be removed and maintained without confined space entry by maintenance personnel after initial installation. This is the latest flow technology and Marsh- McBirney, Inc is a sole source manufacturer and supplier. This is the only flow unit that eliminates the hazardous entry into the confined spaces for repair and maintenance. The Flo -Dar open channel radar/velocity flow meter is the only flow meter in the United States that utilizes advanced radar velocity sensor technology with ultrasonic pulse echo level sensing remotely to measure open channel flow. Staff recommended that the proposal from Macauley Controls be accepted for the purchase of five flow meters and accessories. (66.) Resolution No. 2002-R /BID #187-02/VK—Game Hunting Rights at Lake Alan Henry Wildlife Mitigation Area in Garza County and Kent County (Public Works). Motion was made by Council Member Cooke, seconded by Council Member Boren to reject his item. Motion carried: 6 Yeas, 0 Nays. This item was rejected. (67.) Resolution No. 2002-R0333/RFQ #22024/BM—for Water Systems Pipe, Fittings and Accessories (Public Works). 119 Regular City Council Meeting August 29, 2002 Page 120 RESOLUTION NO.2002-RO333 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 pipe, fittings, and accessories, by and between the City of Lubbock and Hanson Pipe & Products, Inc. of Grand Prairie, Texas and related documents. Said purchase agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 29th day of August, 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/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0333. This bid is for the purchase of 5,100 linear feet of 36-inch pipe and fittings to be used in the Effluent Management Project. This pipe, along with 13,900 feet of that previously ordered, will be used to connect Jones Power Plant with the Valve Station at US 84 and FM 835. This will allow stream discharge of treated effluent at the same time water is being sent to the Lubbock Land Application Site and the Hancock Land Application Site. The project will be complete by December 2002 and placed into operation immediately thereafter. These items are necessary to comply with TNRCC's instructions to reduce the amount of water applied to the City of Lubbock's land application sites and allow simultaneous use of all effluent disposal options. The low bid is $258,827 from Hanson Pipe & Products of Grand Prairie, Texas and is within the HLAS System Improvements budget. With one exception, staff recommended 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. That exception is item #57, more specifically the one-half ton pickup bid. While the documents are prepared in order to award the bid to a local vendor under the 3% rule, staff would respectfully offer the opinion that our traditional "low bid" approach offers the best value to local taxpayers. Next item to be considered was Item 90. (68.) ORDINANCE #2002-00068—Assessments for paving improvements on Milwaukee Avenue Paving Assessment (third and final reading). This item was deleted. W, Regular City Council Meeting August 29, 2002 Page 121 4:30 P.M. PUBLIC HEARING Zoning (69.) Ordinance No. 2002-00081- ZONE CASE NO. 2940 (south of 1071h Street and east of Indiana): Hold a public hearing to consider request of Gurss Properties, Inc. for a zoning change from R-1 to AM on an unplatted 4.20-acre tract of land out of Section 19, Block E-2. ORDINANCE NO.2002-00081 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2940; A ZONING CHANGE FROM R-1 TO AM ZONING ON AN UNPLATTED 4.20-ACRE TRACT OF LAND OUT OF SECTION 19, BLOCK E-2 LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 4:30 p.m. No one appeared in opposition. Mayor McDougal closed the hearing at 4:31 p.m. The proposal is to zone a parcel sandwiched between two church sites along Indiana and west of the new Lubbock Cooper school site on 1081h Street. Adjacent land uses: North — church South — vacant, zoned A-2 for a church East — public school West — Indiana, with residential to the west The request is reasonably consistent with the Comprehensive Land Use Plan policies in that AM is considered a buffer district versus true commercial. The request is a minor change to the current Plan. With the surrounding uses described above, future development of the parcel as single family residential would be difficult. Regarding zoning policy, development on the site will meet AM standards. The only stated use for a portion of the property at present is a child-care center. Future development is targeted to include professional offices. The staff would state for the record that professional office and medical (AM and GO) are good buffer districts adjacent to thoroughfares, but should not be considered a stepping- stone to full commercial zoning at a future date. The project will have little effect on the thoroughfare system. Indiana will be a seven -lane street when fully constructed. The Planning Commission recommended approval of the request along with a minor change for the Comprehensive Land Use Plan. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00081 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (70.) Ordinance No. 2002-00082 - ZONE CASE NO. 2773-B (northwest corner of West Loop 289 and Frankford Avenue): Hold a public hearing to consider request of Alliance Federal Credit Union for a zoning change from R-1 to AM Specific Use for a credit union on an unplatted 1.823-acre tract of land out of Section 9, Block J-S. 121 Regular City Council Meeting August 29, 2002 Page 122 ORDINANCE NO. 2002-00082 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2773-B; A ZONING CHANGE FROM R-1 TO AM SPECIFIC USE ZONING FOR A CREDIT UNION ON AN UNPLATTED 1.823-ACRE TRACT OF LAND OUT OF SECTION 9, BLOCK J-S LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 4:30 p.m. No one appeared in opposition. Mayor McDougal closed the hearing at 4:31 p.m. _ The request would use the parcel of land isolated at I Vh Place and West Loop 289 surrounded on the north and west by the Jefferson Commons student apartment complex for an office of a credit union. Savings and loan office is an entry in the Specific Use section of AM. Adjacent land uses: North — apartments South — office development (proposed) East — Loop 289 West — apartments The request is consistent with the Comprehensive Land Use Plan. The current Plan illustrates high density residential for the parcel, AM is included within the group of zone districts considered buffer versus full commercial. The site plan illustrates an ATM adjacent to Frankford with an approximate 12-foot setback, versus the usual 15-foot minimum in AM. The proposed location should not create a visual obstruction for traffic, Frankford is entering a one-way Loop access road at this location and the ATM is "downstream" of the intersection. The request is consistent with zoning policies and should have no effect on the thoroughfare system. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00082 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (71.) Ordinance No. 2002-00083 - ZONE CASE NO.2941 (southwest corner of Milwaukee Avenue and 9th Street): Hold a public hearing to consider request of Santa Rosa Development Company, L.L.C. for Springfield Apartments, Ltd. for a zoning change from R-1 to A-2 on an unplatted 12.287-acre tract of land out of Section 10, Block J-S. ORDINANCE NO.2002-00083 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2941; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON AN UNPLATTED 12.287-ACRE TRACT OF LAND OUT OF SECTION 10, BLOCK J-S LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 4:30 p.m. No one appeared in opposition. Mayor McDougal closed the hearing at 4:31 p.m. The request would accommodate an apartment complex. 122 Regular City Council Meeting August 29, 2002 Page 123 Adjacent land use: North — vacant, residential South — residential East — public school, residential and a church West — vacant, residential The request is consistent with the policy within the Comprehensive Land Use Plan to use apartments as a buffer and locate them adjacent to major thoroughfares. In this instance, the apartments will buffer an existing power substation from the adjacent residential to the north and west. The request is a minor change to the current Comprehensive Land Use Plan. The developer of the property will propose an adjustment of the preliminary plat to accommodate the apartment complex. How he chooses to buffer the project will have several alternatives. The project will meet zoning requirements when it is constructed. The area to the south is single family, and one owner objected to the introduction of apartments. As designed, the complex will have a limited exposure to IIth Place, with an approximate seventy-five foot setback. The Commission discussed the appropriateness of a solid screening fence on the I Ith Place front because of the objection from the resident on 12th Street. The fencing on the west, north and east is proposed as wrought iron with brick pillars. Milwaukee is in the process of upgrade to a seven -lane street. As a result, the apartment complex will have very little effect on the overall thoroughfare system. The Planning Commission recommended approval of this request along with a minor change for the Comprehensive Land Use Plan and two conditions: 1. A solid screening fence shall be installed on 11 th Place with the proper vision triangle cut off at Monticello. 2. A wrought iron/brick pier fence may be located on the rest of the perimeter on the property line with proper vision triangle cut-offs. Randy Henson, Senior Planner, presented staff comments. Lloyd Croslin, developer of this property, presented comments in favor of this item. Staff recommended approval of the ordinance. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00083 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (72.) Ordinance No. 2002-00084 - ZONE CASE NO. 2942 (3404 and 3408 251h Street): Hold a public hearing to consider request of Grey D. Rigney for a zoning change from R-1 to AM on Lots 17, 18, 19, and the west 5 feet of Lot 20, Block 1, Tyler Square Addition. ORDINANCE NO. 2002-00084 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2942; A ZONING CHANGE FROM R-1 TO AM ZONING ON LOTS 17, 18, 19, AND THE WEST 5 FEET OF LOT 20, BLOCK 1, TYLER SQUARE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 4:30 p.m. No one appeared in opposition. Mayor McDougal closed the hearing at 4:31 p.m. The request would accommodate a dental or medical clinic or professional offices. 123 Regular City Council Meeting August 29, 2002 Page 124 Adjacent land uses: North — residential South — residential East — Indiana West — residential The alley north of this parcel is the south boundary of the current AM Policy District as amended from the original 23rd Street location about ten years ago. That expansion was the result of a land use study that indicated that the original policy district was not physically built out but that a majority of the lots were owned by an individual. The expansion of the policy district was to encourage additional conversion of the residential area to medical in support of the two hospitals. Subsequent to the adjustment of the district to the alley south of 24th, both hospitals built office towers and lured many of the potential freestanding clinic occupants. The result was a dead market for a number of years, and only recently has there been an increase in freestanding clinic construction. "Policy districts" are used in several areas of the City that are in transition from one use to another. When the trend of transition is inevitable and the proposed future uses are an asset to the community, the Commission and Council attempt to relate to the public that the area is destined for change by adopting a "policy district' that is illustrated on the Comprehensive Land Use Plan. Other policy districts include areas adjacent to I-27 and the area east of Slide across from South Plains Mall. Having "policy" areas versus wholesale zone changes allows pockets that are still residential to maintain their correct zoning and not have appraisal or title implications. At the same time the general public is put on notice of the potential for transition. As noted, the parcel under discussion is just outside the current AM Policy District. Thus, discussion for this case should hinge on the individual merits of suitability and the probability of single family being developed on this parcel that has been vacant for many years. As a buffer district, the AM proposal is not a serious deviation from the concept of the Comprehensive Plan and normally does not have a deleterious effect on the adjacent residential. In this instance, the resident owner of the lot on 25th owns the property and is requesting the change. The potential buyer is a dentist. As noted, the property to the north (which is still residential) is within the AM Policy District and is eligible for rezoning. The mail -out did not produce any negative comments from adjacent property owners and no individual appeared during the hearing. Any development would correspond to AM development standards. The project should have no effect on the thoroughfare system. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00084 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (73.) Ordinance No. 2002-00085 - ZONE CASE NO. 2115-E (2401-2409 87" Street): Hold a public hearing to consider request of Sam Reyes for Sam Reyes Construction Co. for a zoning change from C-2A to R-2 on Lots 236, 237, 238, and 239, Bicentennial Estates Addition. 124 Regular City Council Meeting August 29, 2002 Page 125 ORDINANCE NO. 2002-00085 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2115-E; A ZONING CHANGE FROM C-2A TO R-2 ZONING ON LOTS 236, 237, 238, AND 239, BICENTENNIAL ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 4:30 p.m. No one appeared in opposition. Mayor McDougal closed the hearing at 4:31 p.m. The request would downzone the current C2A (light commercial) to R-2 (duplex) lots. The strip of C2A zoning away from the thoroughfare (University) has not been successful as was originally anticipated. Adjacent land uses: North — commercial and residential South residential East residential West light commercial zoning The request represents a minor change to the Comprehensive Land Use Plan, which continues to indicate single family residential at this site. The Plan has not been adjusted in this vicinity in conjunction with previous zone cases for commercial. As a side note, the Planning staff is in the process of an update of the Land Use Element using GIS technology, and will include small areas as this that are not consistent with current zoning. As duplex units, the compatibility of the project being adjacent to commercial will be an issue for the owner. Normally, duplex tenants are not as sensitive to adjacent uses as single-family residents. The duplex development should have less effect on the existing single family to the south than would C-2A development. The lots have been vacant since the plat was recorded and folks in that area may be pleased to not be looking at the weeds. The proposal will have no effect on the thoroughfare system. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00085 as recommended by staff. Motion can-ied: 7 Yeas, 0 Nays. (74.) Ordinance No. 2002-00086 - ZONE CASE NO. 2828-D (south of 103rd Street and west of Vicksburg Ave.): Hold a public hearing to consider request of Burl Masters for Excel Development for a zoning change from T to R-1 Specific Use for garden homes with 20-foot front setback and 5-foot side setback adjacent to 103rd Street on an unplatted 2.19- acre tract of land out of Section 16, Block E-2. ORDINANCE NO. 2002-00086 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2828-D; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE ZONING ON AN UNPLATTED 2.19-ACRE TRACT OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 4:30 p.m. No one appeared in opposition. Mayor McDougal closed the hearing at 4:31 p.m. 125 Regular City Council Meeting August 29, 2002 Page 126 The request would rezone the property from R-1 to R-1 Specific Use for garden homes with a twenty -foot front setback for all lots and a five-foot side setback for the lots on Vicksburg at 103`d and 105th Streets. Parcels to the north along Vicksburg have already been zoned in the same manner. Adjacent land use in all directions is residential. As residential, the garden homes are simply a style of single family. The proposal is consistent with both the Comprehensive Land Use Plan and zoning policy. An adjacent owner questioned the square footage of the proposed homes and seemed satisfied with the answer by the proponent. The proposal will have no effect on the thoroughfare system. The Planning Commission recommended approval of the request with one condition: • A twenty -foot front setback shall be minimum and a five-foot side setback shall be allowed for the lots adjacent to 103`d Street and 1051h Street. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of the ordinance. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00086 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (75.) Ordinance No. 2002-00087 - ZONE CASE NO. 2868-B (south of 101st Place and east of Chicago Avenue): Hold a public hearing to consider request of Scott MacKenzie for a zoning change from R-1 Specific Use to R-2 Specific Use for duplex and garden/town home units with a 20- foot front setback on an unplatted 8.1-acre tract of land out of Section 25, Block E-2. ORDINANCE NO. 2002-00087 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2868-13; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-2 SPECIFIC USE ZONING ON AN UNPLATTED 8.1-ACRE TRACT OF LAND OUT OF SECTION 25, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 4:30 p.m. No one appeared in opposition. Mayor McDougal closed the hearing at 4:31 p.m. The request would rezone the lots along the future Chicago from single family to duplex zoning. The proposed duplex lots are part of an overall plat being developed by the proponent of this request. The proposed zoning will allow duplex, town home or garden home development. Adjacent land uses are residential in all directions. The request is consistent with both the Comprehensive Land Use Plan and zoning policy. The proposal should not affect the thoroughfare system. The Planning Commission recommended approval of the request with a condition: • A twenty -foot front setback shall be allowed for duplex units and a five-foot setback shall be allowed for any non -garage portion of structure on full or partial cul-de-sacs. Note: If the garden home or town home option is chosen, a fifteen -foot setback for non -garage portions of structures is permitted by Code. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of the ordinance. 126 Regular City Council Meeting August 29, 2002 Page 127 Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00087 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (76.) Ordinance No. 2002-00088 - ZONE CASE NO. 2565-A (north of Avenue L and east of 701h Street): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. for Emanuel Worship Center for a zoning change from IHC to A-2 limited to church and church -related uses on an unplatted 14.27-acre tract of land out of Section 5, Block E and Lot 5, South Loop Addition. ORDINANCE NO.2002-00088 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2565-A; A ZONING CHANGE FROM IHC TO A-2 ZONING LIMITED TO CHURCH RELATED USES, ON AN UNPLATTED 14.27 ACRE -TRACT OF LAND OUT OF SECTION 5, BLOCK E, AND LOT 5, SOUTH LOOP ADDITION LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 4:30 p.m. No one appeared in opposition. Mayor McDougal closed the hearing at 4:31 p.m. The objective of the church for a zone change is to be able to use the development standards of the A-2 district versus the current IHC standards, setback primarily. The church is already a permitted use in the IHC so the use of the property is not an issue. Several adjacent property owners in the vicinity have expressed a concern for the proposed use but may not know that the use is already permissible. Adjacent land uses: North — single family South — commercial East — commercial adjacent to I-27 West — Lowery field The proposal is consistent with the Comprehensive Land Use Plan. With regard to zoning policy, the change to accommodate the different set back should not be an issue. The project should have no appreciable effect on the thoroughfare system. Subsequent to the Commission meeting, the proponent has agreed to request a fifty -foot setback from the 66`h Street property line because of the single family residential north of 661h Street. The Council will need to add that as a condition since it was not discussed during the Planning Commission hearing. The Planning Commission recommended approval of the request subject to one condition: • Limited to church and church related uses. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00088 as amended. Motion carried: 7 Yeas, 0 Nays. (77.) Ordinance No. 2002-00089 - ZONE CASE NO. 2303-B (1120 West Loop 289): Hold a public hearing to consider request of Fred Wilson for Lubbock Homes for a zoning change from C-4 Specific Use to GO Specific Use on Tract A, Meadowgreen Addition. 127 Regular City Council Meeting August 29, 2002 Page 128 ORDINANCE NO. 2002-00089 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2303-B; A ZONING CHANGE FROM C-4 SPECIFIC USE TO GO SPECIFIC USE ZONING ON TRACT A, MEADOWGREEN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 4:30 p.m. No one appeared in opposition. Mayor McDougal closed the hearing at 4:31 p.m. The proposal is to rezone a parcel now zoned as C-4 Specific Use for manufactured home sales lot to Garden Office with a Specific Use permit to address several development related issues. Adjacent land uses: North — an AM Specific Use case for a credit union presented at this meeting and apartments South — residential East — Loop 289 West — residential (being developed by the same owner) The proposal is consistent with the objectives stated within the Comprehensive Land Use Plan for buffer projects. Prior to the manufactured home sales lot, the parcel was zoned A-1 limited to town homes. With regard to zoning policies, the Specific Use Permit will accommodate several items that are distinguished from normal GO standards: • "Zero" setback on a small portion of 1lt" Place and the Loop service road. • A four -foot brick fence on the front property line versus the 30 inches normally allowed within the front setback. • A corner identification sign built into the fence for the complex as well as a face change on the existing commercial size/height sign (with a face change to identify tenants). Normally, in Garden Office, a maximum sign height of ten feet is permitted. At this location, the request should not create an issue. • Parking as outlined on the site plan, and a storage basement under the proposed garage for which no additional parking is provided. The staff has worked with Mr. Wilson to maximize his use of the property with the objective of having a quality project on this corner. The soon to be former sales lot had a residential feel although it was a commercial enterprise. The GO district is a buffer, and the zone case is a down zone. With the design of the proposed driveways, the impact of the development on adjacent streets should be the least possible. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00089 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (78.) Ordinance No. 2002-00090 - ZONE CASE NO. 2944 (west of Frankford and north of 1141" Street): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. for Carl Mortenson for a zoning change from T to C-3, R-1 Specific Use and R-2 Specific Use for duplexes with a 20-foot front setback on unplatted 6.6-acre (C- 3) and 24.6-acre (R-2) tracts of land out of Section 21, Block AK. iF� Regular City Council Meeting August 29, 2002 Page 129 ORDINANCE NO. 2002-00090 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2944; A ZONING CHANGE FROM T TO C-3, R-1 SPECIFIC USE AND R-2 SPECIFIC USE ZONING ON UNPLATTED 6.6-ACRE AND 24.6-ACRE TRACTS OF LAND OUT OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 4:30 p.m. No one appeared in opposition. Mayor McDougal closed the hearing at 4:31 p.m. The request will accommodate commercial development at 114`h and Frankford as well as a buffer area around that corner and a buffer area within the interior adjacent to an existing church site. Adjacent land use is primarily vacant in all directions. The request is consistent with the Comprehensive Land Use Plan and zoning policies. The R-2 portions are styled as Specific Use to accommodate a 20-foot front setback and a five-foot front setback on any future full or partial cul-de-sacs. This twenty -foot setback is becoming customary in R-1 and R-2. During the hearing the proponent amended the request for a portion of the buffer west of the C-3 site to be R-1 Specific Use for garden homes. This was in agreement with a request of property owners south of 1141h Street. The proposal should have no more effect on the thoroughfare system than expected for a development this size. The Planning Commission recommended the request with two proposed conditions: 1. Site plan review by the Planning Commission on the C-3 site prior to a construction permit. 2. In the R-2 Specific Use areas a twenty -foot front setback will be allowed and a five-foot front setback will be allowed for any non - garage portions of structure on full or partial cul-de-sac lots. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00090 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (79.) Ordinance No. 2002-00091 - ZONE CASE NO. 2124-A (2101 82°d Street and 8212 Avenue U): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. for Ruby Russell for a zoning change from A-2 to GO and A-1 on an unplatted 1.0-acre tract out of Section 9, Block E and the east 296 feet of Tract A, First Church of God Addition. ORDINANCE NO. 2002-00091 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2124-A; A ZONING CHANGE FROM A-2 TO GO AND A-1 ZONING ON AN UNPLATTED 1.0-ACRE TRACT OUT OF SECTION 9, BLOCK E AND THE EAST 296 FEET OF TRACT A, FIRST CHURCH OF GOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 4:30 p.m. No one appeared in opposition. Mayor McDougal closed the hearing at 4:31 p.m. The request would rezone a portion of a parcel currently zoned A-2 for a church. 129 Regular City Council Meeting August 29, 2002 Page 130 Adjacent land uses: North — 82" d Street and residential South — residential East — vacant West — church The proposal is reasonably consistent with the Comprehensive Land Use Plan. The current and adjacent A-2 church zoning has diminished the potential of the parcel for single-family development. The garden office parcel will be adjacent to 82"d and Avenue U and the A-1 parcel will have access to Avenue U, which is a collector. Future development will meet zoning standards. A standard of A-1 that will benefit the single family to the south is that a fifty -foot setback from the property line is required if a two-story structure is constructed. The project should have little effect on the thoroughfare system. Randy Henson, Senior Planner, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00091 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item 87. (80.) Ordinance No. 2002-0 - ZONE CASE NO. 2943 (5810 Avenue P): Hold a public hearing to consider request of Sam Reyes for Sam Reyes Construction Co. for a zoning change from C-2 to A-1 on the north 100 feet and east 125 feet of Lot 11, Block 1, Vandelia Village Addition. This item was deleted. 4:45 P.M. Council recessed. 5:00 P.M. Council reconvened into regular session Special City Manager Bob Cass gave an overview of the proposed amendments for the Fiscal Year 2002-2003 proposed budget. (81.) Hold a public hearing on the proposed budget for Fiscal Year 2002-03 for the City of Lubbock. Mayor McDougal opened the public hearing at 5:10 p.m. After City Manager Bob Cass and ten (10) citizens spoke, Mayor McDougal closed the hearing at 5:45 p.m. A public hearing was posted and notices published as required by state law to allow taxpayers an opportunity to comment on the proposed FY 2002-03 budget. The public hearing was scheduled for 5:00 p.m. on Thursday, August 29, 2002. The budget was filed with the City Secretary's Office as required by state law and also made available for public review at the City Libraries. The proposed budget complies with all legal requirements and all mandatory notices have been published. No property tax rate increase is proposed; it remains at 57 cents per $100 valuation. Total net assessed valuation as certified by the Lubbock Central Appraisal District is $7,342,344,867 representing a 6.3% increase over last year's total net assessed valuation. General Fund expenditures are projected to be $93,841,040. This represents an increase of $2,051,519 or 2.23% over the 2001-02 original budget. 130 Regular City Council Meeting August 29, 2002 Page 131 The Community Investment Fund, established in FY 1998-99, will again receive 1 % of gross revenues from those Enterprise Funds that benefit from community growth, Electric, Water, Sewer and Solid Waste. Additionally, the Solid Waste Fund will contribute an additional enhanced contribution of $1 million to the Community Investment Fund. The Community Investment Fund is a separate fund that will be used for economic development projects as approved by Council. At the end of each fiscal year transfers will be made subject to any extraordinary events that might require the funds to be used to meet operating requirements. Annual review will be conducted by the City Manager prior to the transfer to assure that the transfer to the Community Investment Fund does not jeopardize the integrity of the contributing operating funds. This year, as last year, the General Fund will contribute one penny on the property tax instead of 1 % of gross receipts. Changes proposed to the FY 02-03 Proposed Budget since the budget was last discussed on August 7, 2002 will be covered by separate transmittal from the Mayor and City Manager. The public hearing allows for citizen comment on the FY 2002-03 budget. After closing the public hearing on the budget, the Council action items for today are: The first readings of ordinances adopting the budget and setting and levying the tax rate; The first reading of ordinance changing Water Rates; The first reading of ordinance changing Sewer Rates. City Manager Bob Cass gave an overview of the proposed amendments for the Fiscal Year 2002-2003 proposed budget. A). Ysidro Gutierrez, West Texas Organizing Strategies (WTOS), introduced representatives of the organization. WTOS represents twenty-five institutions and organizations in Lubbock. April 14, 2002, WTOS held an assembly with 1,200 delegates and laid out an agenda for the organization. As citizens of the community, they believe the city budget should reflect those priorities, such as the importance of young people, family and quality of life. He also spoke concerning the safety of citizens and stated police sub stations should be in the neighborhoods. B) Billie Russell with WTOS spoke concerning reduction in hours for the public libraries. She stated the budget should reflect .the restoration of the regular hours to serve the needs of families. Ms. Russell also commented C) Lupe Stochausen with WTOS spoke concerning two issues: 1) adequate resources to maintain the parks and public facilities, including playground equipment and grass and trees. She addressed the issue of the park across from Arnett Elementary School. This park faces the access road to Loop 289 and has no fence creating a serious safety issue. Council Member Patterson also felt it was crucial to take care of this. Mayor McDougal stated he had asked Randy Truesdell, Parks and Recreation Manager, to look into this matter. Council Member Hernandez also stated he has had staff checking into this matter for two to three months. 2) The second issue is the raising user fees. She stated that as taxpayers we pay for our parks and other city owned public facilities, such as neighborhood centers and swimming pools. The user fees (which are so exorbitant) suggest that we pay for the facilities twice. Any user fee should be what the working family of Lubbock can afford to pay. 131 Regular City Council Meeting August 29, 2002 Page 132 D) Billie Russell again spoke concerning the after school programs. Funds should be included in the city budget, perhaps through Parks and Recreation. WTOS has been told to apply to Community Development Block Grant (CDBG) for after school programs funds. Ms. Russell expressed she feels this is ludicrous. These programs are crime prevention and should be invested in. E) Patty Vannoy, Chair of Lubbock Ambucs Joint Project Board, together with members of all three Ambucs Clubs, expressed appreciation for the help with the Ambucs Hub City Playground located at Maxey Park. She wanted to thank the City Council for their help and stated Randy Truesdell, Parks and Recreation and Corbin Pemberton, Community Projects Manager were to be commended for all the assistance they provided. F) Carolyn Kennedy, Chair of the Lubbock Libraries Board, requested the library budget be expanded. We need more employees (need more positions) and more libraries. She thanked City Manager, Bob Cass, for the two positions in the budget. Cutting hours and net loss of ten positions have impacted many areas: service to the community, availability of the hours opened and staff morale. Although libraries have streamlined in many ways, but employees are receiving longer hours, night and weekends. She stated they could not ask for longer hours to be open. She talked about Mahon being an old building, do they remodel or rebuild. One of the major things businesses ask when thinking about locating in Lubbock is do the libraries have up-to-date materials in quantities sufficient to the population, are they open the hours the public demands, and can they offer exceptional customer service. G) Beth George, President of the Friends of the Library, heartedly seconded Carolyn Kennedy brought before Council referencing adding the two positions. She addressed the importance of increasing the book budget to bring current materials into the library. She stated the proposed budget, including book materials, is for $550,000 and she requested this amount for the next year and consider a 3% increase for future years to allow for dynamic growth of the library's collection. H) David Delamar, Chair of Libertarian Party, asked Council to take a look at property and sales tax revenue. He also discussed that entertainment projects are adding money to the budget and taxes are going up. He suggested if we are supposed to be conservative to start voting conservatively. Mr. Delamar also stated our police and fire department should be the best paid in the state, not middle of the pack. I) Ray Allen, General Manager of BFI of West Texas, mentioned that he had heard the City was going to charge a fee to the private haulers (3`d party haulers) and asked if it was built into this budget. He was told it was not. Mr. Allen requested being heard if this item was to be put on the agenda. City Manager Bob Cass stated there had been no action taken on this item nor any direction from the Council, as you define direction as a vote by the Council to do that. Mr. Cass asked the staff to visit with the haulers to get the information they would like to convey to the City and then bring it back to Council on a work session item. J) Russell King, Lubbock County Libertarian Party, spoke concerning the budget. He stated the following: For the past several years his party has spoken before Council and feel this is a lesson in futility as nothing ever happens. Things go on the same. Although we have new faces, Council still wants to spend every dime they have. Council needs to prioritize such as paying its employees well, a living wage and deserving wage for what they do. 132 Regular City Council Meeting August 29, 2002 Page 133 He spoke against taking taxpayers' money for all the economic development and then thinking about cutting the Star Program. He urged the Council to stand up and do something for the people. K) Mikel Ward, SPARTAN, compared what city government can do as opposed to an individual doing the same. She stated that utilities keep going up and hurting people who can't afford to pay and then we divert part of this increase into the Community Investment Fund. She thinks this is an unwise use of money. She feels that the priorities are wrong. She thinks it is wrong to be spending money on things that the public has never approved of and in fact voted against. Next item to be considered was Item 87. (82.) Ordinance No. 2002-00095 approving and adopting a budget for Fiscal Year 2002-03 for the City of Lubbock (first reading). ORDINANCE NO. 2002-00095 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 2002-03 PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATING FUNDS FOR THE 2002-03 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK; APPROVING FINAL REVISIONS TO THE FISCAL YEAR 2001-02 BUDGET; ESTABLISHING CIVIL SERVICE CLASSIFICATIONS AND POSITIONS; AND PROVIDING FOR A SAVINGS CLAUSE. This item was considered following Item 96. The City of Lubbock Charter requires two reading of ordinances. This is the first reading of the ordinance adopting the budget for the Fiscal Year 2002-03. The budget ordinance must be considered first, followed by the ordinance on the tax rate. The ordinance will be placed on the Tuesday, September 17, Council agenda for the second reading and adoption of the budget. Staff recommended approval of the first reading of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Boren to adopt the budget for Fiscal Year 2002-03 with the following expenditures eliminated from City Manager's proposed budget: Budget and Research Analyst 40,000 City Council Dictation System 10,000 HIV Counselor 38,519 Health Educator 37,573 Suburban for Human Resources 47,186 Reduce Transfer out to GF Fac & Improvements 529,694 Customer Service Survey 2,500 Human Resources Administrative Asst. 24,000 Total 729,472 Adding expenditures to proposed budget: Street Weed Control 85,543 Customer Service Rep in Bldg Insp 28,209 Add 2nd new Codes Inspector 59,954 Property Room Worker 26,756 Restore Parks Maintenance 60,000 4% merit pool for $25,000 and under 112,582 Restore 2 Librarians 65,000 133 Regular City Council Meeting August 29, 2002 Page 134 Add 2 Animal Control Officers 30,000 5% Fire and Police Raises 624,000 Total 1,122,044 Savings Proposed Five-year phase -in of 2-in and 2-out In Fire Department 105,000 PD Traffic officers starting Jan 2003 54,000 Cemetery Mater Plan to CIP 19,000 Animal Shelter cleaning in-house 12,000 Total 192,000 New Revenue Increase game machine tax 13,268 County Radio Maintenance Agreement 68,000 Lubbock Housing Auth. PILOT 32,000 Total 113,268 Added to Budget 1,122,044 1-cent tax decrease 721,000 Needed Total 1,843,044 New Revenue 113,268 Eliminated Expense 729,472 Savings Ideas 192,000 Total 1,034,740 Needed Non -Operating Department Budget Cuts 808,304 Motion was made by Council Member Martin, seconded by Council Member Boren to use undesignated fund balance so this is in balance to pass on first reading Ordinance No. 2002-00095 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Motion was made by Council Member Morrison, seconded by Council Member Hernandez to amend Council Member Martin's motion, by eliminating an additional $233,000 from the Market Lubbock, Inc. Motion failed: 2 Yeas, 5 Nays. Mayor McDougal and Council Members Boren, Cooke, Martin and Patterson voted Nay. Motion was made by Council Member Martin, seconded by Council Member Boren, to amend the original motion, not including the tax decrease. Motion carried: 7 Yeas, 0 Nays. (83.) Ordinance No. 2002-00096 setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock, Texas for the year 2002 (first reading). ORDINANCE NO.2002-00096 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 2002; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIMES IN WHICH SAID TAXES SHALL BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. 134 Regular City Council Meeting August 29, 2002 Page 135 The City of Lubbock Charter requires two reading of ordinances. This is the first reading of the ordinance adopting and levying a tax rate for the City of Lubbock for Fiscal Year 2002-03. The budget ordinance must be considered first, followed by the ordinance adopting and levying a tax rate. The ordinance will be placed on the Tuesday, September 17, Council agenda for the second reading and adoption of the budget. The proposed rate is 57 cents per S 100 valuation, based on a certified net taxable value of $7,342,344,867 as submitted by the Chief Appraiser of the Lubbock Central Appraisal District. The tax rate is distributed as follows: Debt Service $0.10796 General Fund M&O $0.43204 Economic Development $0.03000 Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Hernandez to pass on first reading Ordinance No. 2002-00096 as recommended by staff. Motion carried: 5 Yeas, 2 Nays. Council Members Boren and Martin voted Nay. (84.) Ordinance No. 2002-00097 amending Chapter 28 of the Code of Ordinances of the City of Lubbock, Texas with regards to rates charged for water services (first reading). ORDINANCE NO. 2002-00097 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTIONS 28-52 AND 28-53 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY REVISING WATER RATES AS CONTAINED THEREIN: PROVIDING A SAVING CLAUSE AND PROVIDING FOR PUBLICATION. Each year the City of Lubbock evaluates the revenue projections as well as operating and capital requirements of the Water Fund based on a ten-year rate model. Based on our budget discussions last year, Council approved four consecutive 3.0% increases in water rates. Since that time, several issues have arisen and additional projects have been identified that have since changed our projections. New projects in the water fund include: expanded billing project ($500,000), major water line replacements ($2,850,000), LAH recreational developments ($600,000), PS#10 reservoir replacement ($3,500,000), and Tyco ($300,000). Based on the financial goals set forth in our financial policy and the projects listed above, staff has determined that in addition to the four years of 3% increase currently approved for water rates, that a 3.0% increase would also be necessary October 1, 2005. To determine the need for any future rate increases, revenues and expenses will continue to be reviewed annually to determine the appropriate level of increase that is required. Staff recommended approval of this ordinance. Council Member Martin stated that the rate was higher for homeowners than apartment dwellers and thought this should be looked at. Therefore, Council requested City Manager Bob Cass to provide more information with regards to rates charged for water services for the next meeting. Motion was made by Council Member Martin, seconded by Council Member Cooke to pass on first reading Ordinance No. 2002-00097 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (85•) Ordinance No. 2002-00098 amending Chapter 28 of the Code of Ordinances of the City of Lubbock, Texas with regards to rates charged for sewer services (first reading). 135 Regular City Council Meeting August 29, 2002 Page 136 ORDINANCE NO.2002-00098 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTIONS 28-86, SUBSECTIONS 28-86(a) AND 28-86(b) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY REVISING SEWER RATES AS CONTAINED THEREIN: PROVIDING A SAVING CLAUSE AND PROVIDING FOR PUBLICATION. Each year the City of Lubbock evaluates the revenue projections as well as operating and capital requirements of the Sewer Fund based on a ten-year rate model. Based on our budget discussions last year, Council approved four consecutive 2.0% increases in sewer rates. Since that time, several issues have arisen and additional projects have been identified that have since changed our projections, specifically TNRCC requirements. New projects in the sewer fund include: major sewer line replacements ($750,000), stream discharge ($400,000), land application operational changes ($350,000), and expanded billing project ($200,000). After extensive review of various scenarios using the 10-year rate model, staff has determined that four 5.0% increases would be necessary effective October 1, 2002. This series of rate increases would supersede the series that approved last year. To determine the need for any future rate increases, revenues and expenses will continue to be reviewed annually to determine the appropriate level of increase that is required. Staff recommended approval of this ordinance. Council Member Martin stated that the rate was higher for homeowners than apartment dwellers and thought this should be looked at. Therefore, Council requested City Manager Bob Cass to provide more information with regards to rates charged for sewer services for the next meeting. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00098 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 9:25 P.M. COUNCIL ADJOURNED ADMINISTRATIVE SERVICES Mayor McDougal and Council Member Patterson left the dais. (86.) Ordinance No. 2002-00092 authorizing the issuance of "City of Lubbock, Texas, Electric Light and Power System Revenue Bonds, Series 2002" and all necessary documents related to the issuance (first and final reading). ORDINANCE NO.2002-00092 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS; ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 2002", specifying the terms and features of said bonds, pledging the net revenues of the City's Electric Light and Power System to the payment of the principal o and interest on said bonds, enacting provisions incident and related to the issuance, payment, y, sale and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Letter; and providing an effective date. This item was considered following Item 87. On May 23, 2002, the City Council approved the first step in the issuance process. Resolution #2002-R0192, dated May 23, 2002 was to approve and authorize publication of Notice of Sale with respect to the issuance of the revenue bonds. The proceeds from the sale of this bond issuance will be used for improvements and extensions to the City's Electric System and to pay costs 136 Regular City Council Meeting August 29, 2002 Page 137 associated with issuance of these bonds. The issuance of bonds is necessary to fund projects for the distribution of electric energy within the City. The City will sell these bonds in a private placement with three financial institutions located in the City of Lubbock. The institutions represented in this placement include: American State Bank, Bank of America and Wells Fargo Bank. Each bank will finance one-third of the $8,500,000 to be financed. Senate Bill 1759 of the 77`h 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 will be 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 Finances, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Council Member Cooke, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00092 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Council Member Patterson had left the dais. The next item to be considered was Item 44. COMMUNITY SERVICES (87.) Resolution No. 2002-RO340 to approve a request by the Lubbock Housing Authority Board to waive the $132,000 currently owed by the Housing Authority in Payment in Lieu of Taxes (PILOT) and to waive the $32,000 PILOT fees for FY 2002-2003. RESOLUTION NO. 2002-RO340 WHEREAS, the Lubbock Housing Authority provides housing and supportive services to families in the City of Lubbock with very low incomes; and WHEREAS, without the housing provided by the Lubbock Housing Authority, many of the above -described families would be living in over crowded, dilapidated structures or could be homeless; and WHEREAS, the Lubbock Housing Authority runs several programs focused on breaking the cycle of poverty; and WHEREAS, the City Council of the City of Lubbock recognizes that the above - described services provided by the Lubbock Housing Authority provide a benefit to the citizens of the City of Lubbock; and WHEREAS, the City of Lubbock and the Lubbock Housing Authority enter into a Cooperation Agreement dated August 24, 1995, for the Lubbock Housing Authority to pay payment in lieu of taxes to the City of Lubbock ("the Agreement"); and WHEREAS, the City Council of the City of Lubbock finds that forgiving the amount currently owed by the Lubbock Housing .Authority in the Agreement is a public benefit to the City of Lubbock and serves a public purpose; and WHEREAS, Lubbock Housing Authority owns certain steel it is willing to transfer to the City in consideration for the waiver; and WHEREAS, the City of Lubbock desires to use the forgiven amount owed under the Agreement as match in its HOME Program. NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby forgives the Payment in Lieu of Taxes payment currently due from Lubbock Housing Authority for the transfer of 137 Regular City Council Meeting August 29, 2002 Page 138 the above -described steel owned by Lubbock Housing Authority to the City and that the City Council of the City of Lubbock hereby designates the forgiven amount due under the Agreement as match of its HOME Program. Passed by the City Council this 29th day of August, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Tommv Gonzalez Tommy Gonzalez Assistant City Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims Assistant City Attorney This item was considered following Item 79. At the May 9, 2002, City Council work session, Max Tarbox, of the Lubbock Housing Authority (LHA) Board, requested that the City Council consider waiving the Payment in Lieu of Taxes (PILOT) fees currently owed to the City of Lubbock by the Housing Authority and that the Council consider waiving all future PILOT fees. PILOT fees are assessed to the Housing Authority to cover the costs of City services that would normally be paid for through property taxes. The LHA, which is primarily funded by grants from the federal government, provides housing and supportive services to Lubbock families with very low incomes. Without this housing, many of these families would be living in overcrowded, dilapidated structures or possibly could be homeless. The Housing Authority staff runs several programs including the Drug Elimination Program, the Self -Sufficiency Program, and the Parents as Teachers Program. Each of these programs focuses on breaking the cycle of poverty; striving to help the participants to become financially self- sufficient. Through the provision of both the low cost rental housing and the supportive services the LHA does provide a public benefit to the citizens of Lubbock. Tommy Gonzales, Assistant City Manager, gave a briefing on this matter Staff supports Council's decision to waive $132,000 currently owed in PILOT fees only. Staff does not support waiving the $32,000 in PILOT fees that will be owed for the fiscal year 2002-2003. Motion was made by Council Member Martin, seconded by Council Member Hernandez not to waive the $32,000 for the coming fiscal year and that it be dedicated to general revenue. Motion carried: 7 Yeas, 0 Nays. Motion was made by Council Member Patterson, seconded by Council Member Cooke, that the value from the steel fence being delivered would equate the amount of the taxes and we should waive the $132,000 and designate the said waived amount as a match for the City's Home Program. 138 Regular City Council Meeting August 29, 2002 Page 139 Motion was made by Council Member Morrison, seconded by Council Member Boren, to continue this item until after the 5:00 p.m. session. Motion carried: 7 Yeas, 0 Nays. 5:45 P.M. This item was reopened for discussion after the special public hearing held at 5:00 p.m. Mr. Gonzales stated he had no more information. Quincy White, Assistant City Manager, gave comments on the operations of Lubbock Housing Authority. Max Tarbox, of the Lubbock Housing Authority (LHA) Board, also gave comments. The earlier motion made by Council Member Patterson, seconded by Council Member Cooke, that the value from the steel fence being delivered would equate the amount of the taxes and we should waive the $132,000 and designate the said waived amount as a match for the City's Home Program was then voted on. Motion carried: 6 Yeas, 1 Nay. Council Member Morrison voted Nay. After some discussion of the motion, Council Member Morrison stated he had not been clear on the motion and stated he would like to vote Yea. Council accepted this vote making the vote 7-0. Motion was made by Council Member Morrison, seconded by Council Member Patterson to reconsider the motion on $132,000 taxes. Motion failed: 2 Yeas, 5 Nays. Mayor McDougal, Council Members Martin, Boren, Cooke, Hernandez voted Nay. Next item to be considered was Item 86. (88.) Resolution No. 2002-R0343 authorizing the Mayor to execute a Lease Agreement with the Lubbock Regional Mental Health Mental Retardation Center for the George Woods Community Center located at 517 North Zenith. RESOLUTION N0.2002-R0343 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 Lease Agreement with Lubbock Mental Health Mental Retardation Center for the George Woods Community Center 517 North Zenith Avenue for recreational programs for youth and other citizens, and any associated documents, a copy of which Lease 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 29th day of August, 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 & Recreation Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 139 Regular City Council Meeting August 29, 2002 Page 140 A copy of the Lease Agreement is filed with Resolution No. 2002-R0343. This item was considered following Item 53. The Parks and Recreation Department fulfills its mission by serving as a provider of public recreation services. This includes promoting the use of department facilities by other public agencies to deliver their services and entering into cooperative relationships with community groups and agencies to jointly provide services. Since 1998, the George Woods center has been leased to and operated by the Housing Authority of the City of Lubbock. Due to a reduction in grant funding, the Housing Authority can no longer operate the facility. The Lubbock Regional Mental Health Mental Retardation Center (MHMR) made a request to the Parks and Recreation Advisory Board on June 25, 2002 to lease the George Woods Community Center. The Parks Board recommended the approval of their request. MHMR plans to develop a Neighborhood Involvement Center offering the following services: • Youth Prevention Program Provides alternative activities for children and youth ages 10 to 14. The purpose of the program is to teach young people methods for avoiding high -risk behaviors. • Day Habilitation (Children's Activities) Day Habilitation services provide support to children and adolescents in the areas of developing self-help, social, and other skills to successfully take part in home and community. Services are offered after school, Saturdays and during the summers. • Neighborhood Involvement Community based program that provides a safe haven for youth to access activities, healthy role models and supportive services. • Supported Home Living Supported Home Living is provided for children and adolescents living in their own home and/or with other caregivers. This service may include training and support necessary for the child to complete personal care and independent living tasks. Supported Home Living also helps develop and improve community living skills. Potential Benefits to the City of Lubbock: • An annual cost avoidance of $56,500 for operations and $13,800 for utilities and janitorial services. • Allows for use of limited City resources to enhance quality of other programs. • Creates an increase in the use of existing resources. • Provides services for special needs of cultural/ethnic groups, youth at risk and senior services. • Promotes participation of other service providers in planning, implementation and evaluation of recreational services and facilities. Key elements of the proposed agreement include: • Term is for five years. • MHMR will provide administration, staff and resources to conduct programs. • MHMR will be responsible for all utilities, maintenance and repairs of the building. 140 Regular City Council Meeting August 29, 2002 Page 141 MHMR will provide Comprehensive General Liability Insurance and Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance in the amount of $1,000,000. MHMR will also provide Worker's Compensation Insurance and Builder's Risk Insurance. Tommy Gonzales, Assistant City Manager, gave staff comments. Staff recommended approval of this resolution. Motion was made by Council Member Patterson, seconded by Council Member Cooke to pass Resolution No. 2002-RO343 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal returned to the dais and Council Members Cooke and Martin were away from the dais. Next item to be considered was Item 91. (89.) Resolution No. 2002-RO338 authorizing the Mayor to execute a Lease Agreement with the Dunbar Manhattan Heights Neighborhood Association for the Mae Simmons Outreach Center located at 2300 Weber Drive. RESOLUTION NO.2002-RO338 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 Lease Agreement with the Dunbar -Manhattan Heights Neighborhood Association, a Texas not for profit corporation, for the Mae Simmons Outreach Center at 2814 Weber Drive for recreational programs for youth and seniors, and any associated documents, a copy of which Lease 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 29th day of August, 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 & Recreation Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Lease Agreement is filed with Resolution No. 2002-R0338. This item was considered following Item 33. The Parks and Recreation Department fulfills its mission by serving as a provider of public recreation services. This includes promoting the use of department facilities by other public agencies to deliver their services and entering into cooperative relationships with community groups and agencies to jointly provide services. 141 Regular City Council Meeting August 29, 2002 Page 142 The Dunbar Manhattan Heights Neighborhood Association (DMHNA) has requested to lease the Mae Simmons Outreach building located at 2300 Weber Drive. The DMHNA made the request to the Parks and Recreation Advisory Board on March 28, 2000. At that time the building was vacant and in need of renovations. The Parks Board recommended approval of a lease agreement after the building was renovated and the DMHNA obtained their non-profit status. The completion date for the renovations of the building was March 1, 2002. The cost to renovate the building was $120,000. Funding was from a combination of Community Development Block Grant Funding and Capital Project Funds. The DMHNA received their notice of non-profit status on July 1, 2002. Therefore, the requests made by the Parks Board have been met by the DMHNA. The purpose of the DMHNA is to seek community recognition and understanding of the needs of their neighborhood and stimulate interest and participation in meeting those needs; to inform, educate, and provide an open forum for the free discussion of all issues which affect our neighborhood, protect its environment, and prevent and/or restore its physical deterioration; to preserve our historical heritage, nurture and protect our families, support and strengthen our schools, churches and businesses; to provide a means of more effectively communicating with one another. The DMHNA plans to offer recreational programs for youth and seniors at the Mae Simmons Outreach Center. They plan to provide classes for crafts activities and educational programs to promote healthy lifestyles. The Mae Simmons Outreach Center will also be used as a meeting place for other non-profit groups. Potential Benefits to the City of Lubbock: • An annual cost avoidance of $34,000 for maintenance and operations of the facility. • Allows for the use of limited City resources to enhance quality of other programs. • Creates an increase in the use of existing resources. • Promotes participation with a neighborhood association in planning, implementation and evaluation of recreational services and facilities. Key elements of the proposed agreement include: • DMHNA will provide Comprehensive General Liability Insurance and Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance in the amount of $1,000,000. MHMR will also provide Worker's Compensation Insurance and Builder's Risk Insurance. • Term is for 10 years. • DMHNA will provide the resources to conduct programs. • DMHNA be responsible for all utilities, maintenance and repairs of the building. Tommy Gonzales, Assistant City Gonzales, presented staff comments. Ms. Jackson with The Dunbar Manhattan Heights Neighborhood Association made comments in favor of this item. The Parks staff recommended approval, but pointed out that this might create a precedent for other neighborhood associations. Motion was made by Council Member Patterson, seconded by Council Member Martin to pass Resolution No. 2002-R0338 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item 38. 142 Regular City Council Meeting August 29, 2002 Page 143 3:15 P.M. Council Member Cooke returned to the dais. DEVELOPMENT SERVICES (90.) Resolution No. 2002-R0334 authorizing the Mayor to execute a Management Agreement between the City of Lubbock and APCOA/Standard Parking. 143 Regular City Council Meeting August 29, 2002 Page 144 RESOLUTION NO.2002-RO334 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 Parking Management Agreement with APCOA/Standard Parking, Inc. for operation of the parking facilities at Lubbock International Airport, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 29th day of August, 2002. /S/ MARK MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle. Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2002-R0334. This item was considered following Item 67. This item was reconsidered following Item No. 88. APCOA/Standard Parking has managed the operation of the public parking lot at Lubbock International Airport since 1997. The initial term of the automobile parking concession agreement between APCOA and the City of Lubbock expired May 31, 2002, and staff is currently operating on a month -to -month holdover basis through August 31, 2002. This item involves the approval of a Management Agreement, under which APCOA/Standard Parking will continue to operate the parking facilities while staff study the possibility of developing a new terminal parking garage at the airport. The new facility would place covered parking immediately adjacent to the terminal building, thus eliminating the need for a shuttle bus operation. The garage would also include FAA -mandated blast protection for the terminal building, which would eliminate the need for vehicle inspections at the entrance to the short-term lot. The new parking facility would significantly reduce operating costs, and greatly improve the service that staff offers to patrons of the airport. The development of a parking facility would significantly change the business structure between LIA and its parking concession operator. Accordingly, it would be impractical to issue Request for Proposals (RFP) until after a decision has been made regarding construction of the facility. To get through this interim period, staff has negotiated with APCOA/Standard Parking to operate the facility at cost for a period of up to two years. APCOA has advised us that under the prior agreement, they were losing money, a claim that has been validated by the City's internal auditor. While APCOA is under no obligation to continue operating at a 144 Regular City Council Meeting August 29, 2002 Page 145 loss, they have offered to manage the facility at cost so that they can keep their position in the market until the RFP is issued. The advantage to the City is that staff could continue the parking operation without disruption as staff studies the parking facility project. Staff also believes that it would be impossible to find anyone else to operate the facility at cost during this interim period. The attached agreement is in the form of a management contract that is standard for the industry, with one exception —the management fee for this agreement has been established as $1 per year. The remaining provisions define allowable costs and provide a mechanism for auditing APCOA's expenditures. The agreement has been reviewed by the City's internal auditor to ensure that it is a "cost -only" agreement. Mark Earle, Director of Aviation, presented staff comments. Todd McKee, a member of the Airport Board, was also present for questions. Herman Boatmun, Internal Auditor, was asked about findings of an audit that went back five years. He stated APCOA had over reported revenue for August of 1999 creating an underpayment, which was a preliminary finding. Payments were also over reported. He verified this with APCOA's Accounting Director and outside auditors, Ernst & Young. It was determined that the amount was a duplicate of April and May of 1999 and they had over reported the revenue. Staff recommended approval of this resolution. Motion was made by Council Member Boren, seconded by Council Member Hernandez that the City Attorney conduct a full audit and review of the APCOA contract with the City of Lubbock/LIA for the past five years. The individuals involved with that audit would be the external auditors of Robinson & Burdette, Mr. Boatmun, City Internal Auditor and Todd McKee, incoming Chair of the Citizens Board of the Airport Board. Also, that the contract continue on a month -to -month basis. Motion was made by Council Member Martin to amend the motion of Council Member Boren to add an entire audit of the entire airport operation in addition to auditing just this particular issue. There was no second. City Manager Cass mentioned drawing up a new one -month extension and acting on that, basically giving us a month (assuming APCOA would accept it). This could be drawn up and brought back after the budget hearing. Council could act on that and that would give us a month having a contractor out there and give the City Attorney, the external auditor and Mr. McKee and the Airport Board a look at the questions on this specific issue. City Attorney Anita Burgess suggested if they chose to follow City Manager Cass' recommendation, Council could lay this on the table and come back later in this meeting and take it off the table. They could look at it again and pass if they chose or consider an alternative means, i.e. a month -to -month. Council Member Hernandez suggested amending the motion to include City Manager Cass' suggestion. Motion carried: 7 Yeas, 0 Nays. This item was reconsidered following Item 88. City Manager Bob Cass stated the legal department had redrafted this item with a one -month extension and asked Council to reconsider this item. Motion was made by Council Member Patterson, seconded by Council Member Morrison to reconsider the previous motion on this item. Motion carried: 5 Yeas, 0 Nays. Motion was then made by Council Member Morrison, seconded by Council Member Hernandez to adopt the document as redrafted. Motion carried: 5 Yeas, 0 Nays. 145 Regular City Council Meeting August 29, 2002 Page146 Council Members Cooke and Martin were away from the dais. Next item to be considered was Item 92. (91.) Resolution No. 2002-RO344 authorizing the Mayor to execute an amendment to a street -use license with Bleacher's Sports Cafe for the use of a City street in Block 215 Original Town Addition to the City of Lubbock for a fire escape area and railing (1719 Buddy Holly Avenue). RESOLUTION NO.2002-RO344 WHEREAS, Bleacher's Sports Cafe of Lubbock, Texas (herein called "Licensee") and the City of Lubbock (herein called "Licensor") entered into a Street Use License Agreement which is dated May 23, 2002, for the purpose of Licensee constructing and maintaining an overhead and ground level dining area in a dedicated public street as therein described, said Street Use License is incorporated by reference into this Resolution as if written in detail in this place; and WHEREAS, said Licensee has requested the Licensor for an amendment to the terms of said Street Use License to cover one additional tract of land (which is also part of a dedicated public street) to be used for the purposes hereinafter set forth; and WHEREAS, Licensor after consideration of the matter finds such request will not discommode the public in the use of said dedicated public street and such request should be granted as hereinafter set forth; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT in addition to the existing tract of an overhead and ground dining area, the following additional tract is added by this amendment to said Street Use License as an additional tract of land licensed to Licensee for the purposes as hereinafter stated: BEGINNING at a point that is 12.00 feet North and 8.00 feet West of the Southwest corner of Lot 10, Block 215, Original Town Addition to the City of Lubbock, Lubbock County, Texas; THENCE West 1.50 feet to a point; THENCE North 40.00 feet to a point; THENCE East 9.50 feet to a point; THENCE South 3.00 feet to point; THENCE West 8.00 feet to a point; THENCE South 37.00 feet to the POINT OF BEGINNING. SECTION 2. THAT by Licensee's payment to Licensor of the additional sum of SEVENTY-NINE AND 80/100 DOLLARS ($79.80), and acceptance of said additional consideration by Licensor as additional compensation for the licensing of said one additional tract (being part of the dedicated street as hereinabove stated), Licensee accepts all the terms of the existing Street Use License as applying to the one additional tract of land hereby licensed to Licensee. Such acceptance by licensee of the terms of said Street Use License as applying to said one additional tract of land is further made by Licensee by using the street area for a fire escape area and a railing. The term of the Street Use License shall terminate at the same time as originally provided in said Street Use License Agreement. SECTION 3. THAT except as hereby amended, the terms of said Street Use License shall remain the same, and as hereby amended is hereby ratified and confirmed by Licensor by passage of this Resolution and by Licensee's acceptance of the terms of this Resolution as aforesaid. 146 Regular City Council Meeting August 29, 2002 Page 147 Passed by the City Council on this 29th day of August, 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 L. Chamales Supervising Attorney/Office Practice The item was considered following Item 88. Bleacher's Sports Cafe at the northeast corner of 18`h Street and Buddy Holly Avenue were granted a street -use license by the City Council on May 23 (Resolution No. 2002-R0207). The license allows the business to utilize 8 feet of the east right-of-way of Buddy Holly Avenue adjacent to the west side of their building for balcony and street level dining areas. During building plan review, the Fire Marshal determined that an additional point of ingress/egress from the second floor was needed because of additional occupancy load. Bleacher's added a stairway from the balcony to the ground level in the north portion of the licensed area. This stairway encroaches an additional 1.5 feet into the east right-of-way of Buddy Holly Avenue. They also added an iron railing along the west side of the stairway and their ground level dining area extending 1.5 foot beyond the licensed area for a total width of 9.5 feet. The total additional street area to be occupied by this resolution amendment will be 84 sq. ft. That will be 1.5 feet by 40 feet on the west side of the existing license and 3 feet by 8 feet on the north portion of the original license. This street -use license amendment will be under the same terms of the original license, which has a term of twenty years, payable every five years in advance. The City will receive $16.80 per year or $84.00 for each five-year period in addition to what staff is receiving for the original license. The additional licensed area still leaves the entire brick -paved sidewalk free for pedestrian traffic. Ed Bucy, Right -of -Way Agent, presented staff comments. Staff recommended approval of this resolution. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass Resolution No. 2002-RO344 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Members Cooke and Martin had left the dais. Next item to be considered was Item 93. (92.) Ordinance No. 2002-00080 naming a proposed street to be constructed west and north from Slide Road at 37`h Street to its intersection with Marsha Sharp Freeway "City Bank Parkway" (first reading). 147 Regular City Council Meeting August 29, 2002 Page 148 ORDINANCE NO.2002-00080 AN ORDINANCE ADDING A NEW SECTION 24-41 TO THE CODE OF ORINANCES OF THE CITY OF LUBBOCK, TEXAS, NAMING A PROPOSED STREET TO BE CONSTRUCTED WEST AND NORTH FROM SLIDE ROAD AT 37TH STREET TO ITS INTERSECTION WITH MARSHA SHARP FREEWAY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This item was considered following Item 90. Jimmy Dirks is an architect representing City Bank. City Bank is proposin to dedicate and construct a new street extending from Slide Road (at 37t Street) westward, and curving northward to intersect the new frontage road location of the Marsha Sharp Freeway. The Bank is proposing this street to improve access and traffic circulation to their site once the one-way frontage roads are built. The Bank is requesting a special street name for this new street. They want to name it "City Bank Parkway". This proposed street name does not conform to the method of naming streets in the Code. The concerns of the staff include: 1. Setting a precedent for special street names for any new streets in the future. 2. Recognition of a special named short street by emergency personnel, and the public, in locating abutting businesses or other properties. 3. Naming a street for a Bank or any other business. A copy of the letter of request from Mr. Dirks, and a map indicating the proposed street is included in the backup. Larry Hertel, City Engineer, presented staff comments. Staff does not recommend changes to the current method of naming streets. Council Member Hernandez wanted the record to reflect there are some distinctions — this is not renaming a street, this is a different situation. Motion was made by Council Member Patterson, seconded by Council Member Martin to pass on first reading Ordinance No. 2002-00093. Motion carried: 7 Yeas, 0 Nays. Next item to be considered was Item 95. (93.) Ordinance No. 2002-00093 revising Article II of Chapter 21 of the Code of Ordinances pertaining to Flood Hazard Areas in the City of Lubbock (first reading). ORDINANCE NO. 2002-00093 WHEREAS, the flood hazard areas of the City of Lubbock, Texas are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare; This item was considered following Item 91. Over 5'h years ago the Federal Emergency Management Agency (FEMA) indicated their intention to re -study the City of Lubbock Flood Insurance Rate Map (FIRM), and combine them with maps of the other communities in the county to generate countywide maps. Over 4 years ago, FEMA started the process with a meeting of the communities in Lubbock County. The City staff has reviewed the preliminary maps and accompanying information at length, and made extensive comments in trying to obtain the best product possible. FEMA has set the effective date of the new FIRM as September 18, 2002. These new maps were prepared for FEMA by an engineering consultant hired by FEMA. "I: Regular City Council Meeting August 29, 2002 Page 149 As a requirement for the City of Lubbock to be a part of the National Flood Insurance Program (NFIP), certain Flood Hazard Area ordinances and provisions have to be enacted. The City has been in the NFIP for nearly 30 years, beginning as an "Emergency Program" participant in the early 70's, and entering into the "Regular Program " in 1982 when the first FIRM was adopted. A community is required to participate in the NFIP for flood insurance to be available to its citizens. Over the years, the City has adopted various requirements mandated by FEMA as part of inclusion in the NFIP, as well as some other requirements more stringent than NFIP standards. By and large, the ordinance currently under consideration is not significantly different than the ordinances previously enacted. Some items have changed, some added, some deleted, but basically the same, just some elaboration. There are a number of new definitions, slight rewording, changing phrases, and several new additions to sections, but all the changes are consistent with the original direction and intent of the City participation in the NFIP. This ordinance is being presented for revision due to a requirement from FEMA as a part of the new FIRM that will become effective on September 18, 2002. Because of the kinds of changes to the FIRM, the City of Lubbock is required to revise our ordinance to accommodate those map changes. Included in the backup are 2 copies of the ordinance. One shows the finished document. The other underlines additions or revisions to the existing ordinance. Richard Burdine, Assistant City Manager, presented staff comments. Staff recommended approval of this ordinance. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass on first reading Ordinance No. 2002-00093 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Members Martin and Cooke had left the dais. MISCELLANEOUS (94.) Ordinance No. 2002-00094 conforming the City of Lubbock voting precincts to state law population requirements due to changes in population reported by the 2000 federal census and establishing new voting places as required (first reading). ORDINANCE NO. 2002-00094 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 8-4 WITH REGARD TO VOTING PRECINCTS AND VOTING PLACES AS REQUIRED BY STATE LAW DUE TO CHANGES IN POPULATION MADE BY LUBBOCK COUNTY PURSUANT TO SECTION 42.006 ("POPULATION REQUIREMENTS") OF THE STATE ELECTION CODE; ESTABLISHING NEW POLLING PLACES FOR CERTAIN PRECINCTS; CHANGING THE ASSIGNMENT OF VOTING PRECINCTS TO CITY COUNCIL DISTRICTS TO REFLECT THE CHANGES MADE BY THIS ORDINANCE; PROVIDING A MAP OF THE VOTING PRECINCTS AND DISTRICTS OF THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Many of the voting precincts within the City of Lubbock have grown beyond the population permitted by the Election Code and others were below the minimum requirements, so the City, Lubbock County and LISD appointed a joint committee to study the changes necessary to bring them back into compliance with state law. 149 Regular City Council Meeting August 29, 2002 Page150 The revisions recommended by the joint committee were adopted by the County Commissioners on March 20, 2002. The City's representatives on the committee were Councilman Nelson, with the assistance of David Buckberry, Becky Garza and Don Vandiver. The revisions do not affect the City Council districts in any way, as none of the revisions will move any persons from one district into another district. However, due to the necessity of splitting some precincts to reduce population, some new polling places had to be added, even though the total number of precincts has been reduced due to combining several small precincts together in some instances. Some precincts will continue to be consolidated with other precincts for various reasons, such as no suitable building or low voter turnout. The City is required by Sec. 42.061 of the Election Code to follow County voting precinct lines except where a city limits line intervenes. Also, the County is required by law to honor the City's council district lines in establishing new voting precincts. New polling places include: Precinct 119/Faith Temple. Distance from the geographic center of the precinct to the previous polling place was 1.2 miles. Distance from the geographic center to the new polling place is .1 mile. There were no governmental buildings and this was deemed the best available non- governmental public building. Precinct 123/Waters Elementary School. Distance from the geographic center of the precinct to the previous polling place was .8 mile. Distance from the geographic center to the new polling place is .1 mile. Precinct 124/Calvary Baptist Church. Distance from geographic center of the precinct to the previous polling place was .3 mile. Distance from the geographic center to the new polling place is .4 mile. There are no governmental buildings available and new polling place is the only available non-commercial building available. Precinct 127/Grand Court Retirement Center. Distance from the geographic center to previous polling place was .8 mile. Distance from the geographic center to the new polling place is .1 mile. This location was deemed the best available site and it has been used by Lubbock County previously. Precinct 129/South Plains Church of Christ. Distance from the geographic center to the previous polling place was .8 mile. Distance from the geographic center to the new polling place is .3 mile. There are no governmental buildings and this is the only available public building. Even though a lot of detail changes were made, they were all routine in nature and consistent with what the City and County have done in the past after each new federal census. These changes must be submitted to the U.S. Justice Department before they can be implemented on January 1, 2003. None of these should create a problem with the Justice Department. Staff recommended approval of this ordinance. Motion was made by Council Member Hernandez, seconded by Council Member Boren to pass on first reading Ordinance No. 2002-00094 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Members Martin and Cooke had left the dais. 7:00 P.M. Council Recessed 7:50 P.M. Council reconvened. At this time, item No. 57 was reconsidered. (95.) Resolution No. 2002-R0335 requesting that the Texas Board of Pardons and Parole deny the request for parole of Billy Wayne Alexander, Jr. (TDC # 00315957). 150 Regular City Council Meeting August 29, 2002 Page 151 151 Regular City Council Meeting August 29, 2002 Page152 RESOLUTION NO.2002-RO335 WHEREAS: Billy Wayne Alexander, Jr., murdered Department of Public Safety Trooper Jerry Don Davis on October 5, 1980, after Trooper Davis pulled him over initially for a speeding violation; and, WHEREAS: Billy Wayne Alexander, Jr., was convicted of capital murder in the death of State Trooper Jerry Don Davis and sentenced to life in prison; and WHEREAS: Billy Wayne Alexander, Jr., TDC # 00315957, is scheduled to have a hearing before the Texas Board of Pardons and Parole in the near future; and _ WHEREAS: The City Council of the City of Lubbock do firmly believe that Billy Wayne Alexander, Jr. remains a threat to the health, safety and welfare of the public and to the citizens of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock, Texas, hereby requests that the Texas Board of Pardons and Parole deny the parole request of Billy Wayne Alexander, Jr., (TDC # 00315957) as it is the opinion of the City Council that his release would be a threat to the health, safety and welfare of the citizens of the State of Texas and of this City. SECTION 2. THAT the City Manager, or his designee, provide a copy of this Resolution to the Texas Board of Pardons and Parole immediately upon passage. Passed by the City Council on this 29th day of August, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bob Goodwin Bob Goodwin, Manager of Corporate Communications APPROVED AS TO FORM: /s/ Bob Goodwin Donald G. Vandiver, First Assistant City Attorney This item was considered following Item 92. Billy Wayne Alexander, Jr. shot and killed Department of Public Safety Trooper Jerry Don Davis on October 5, 1980 after Trooper Davis pulled him over for a speeding violation. Billy Wayne Alexander, Jr. was convicted of capital murder in the death of Trooper Davis and was sentenced to life in prison. Jerry Don Davis graduated from Tahoka High School in 1974 and became a Police Officer for Texas Tech. Throughout his career, he worked as a police officer in Tulia, Abernathy, and Slaton before joining the Department of Public Safety in 1979. Council Member Martin requested that this resolution be placed on City Council agenda and forwarded to the Texas Board of Pardons and Parole should it be approved. 152 Regular City Council Meeting August 29, 2002 Page 153 Motion was made by Council Member Martin, seconded by Council Member Cooke to pass Resolution No. 2002-RO335 as recommended by staff. Motion carried: 6 Yeas, 1 Nays. Council Member Hernandez voted Nay. Mrs. Davis, the mother of Jerry Don Davis, thanked the Mayor and Council for helping with this matter. Next item to be considered was Item 33. (96.) Consider the placement of certain information regarding convicted sexual predators/offenders and convicted rapists on Lubbock Cable Channel 6 and take appropriate action. This item was considered following Item 57. Motion was made by Council Member Boren, seconded by Council Member Martin to continue this item until September 17, 2002 council meeting. Motion carried 7 Yeas, 0 Nays. Next item to be considered was Item 82. 9:25 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Patterson made a motion to adjourn; Council Member Martin seconded the motion. Motion carried: 7 Yeas, 0 Nays. Read and approved this = day of Z�� MARC MC OUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary ' 153