Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 10/25/2001CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING October 25, 2001 7:30 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 25th day of October, 2001, in the City Council Chambers, first floor, City Hall, 1625 131h Street, Lubbock, Texas 79401 at 7:30 P.M. 7:32 A.M. CITY COUNCIL CONVENED City Council Chambers, 1625 13" Street, Lubbock, Texas. Present: Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson and Councilmember T. J. Patterson. Absent: Mayor Sitton CITIZEN COMMENTS ( 1.) Mr. Matityahu Cevin appeared to discuss issues involving the Lubbock Police Department. Matityahu (Matthew) Cevin appeared before the City Council regarding a citation he received from a City of Lubbock Police Officer. Staff understands that Mr. Cevin did go to the Police Department to discuss his issue with the Police Department. Staff further understands that Mr. Cevin wished to visit with the Chief of Police, not the Internal Affairs Officer, regarding the issue he had with the Officer who issued him a citation. As this matter involves the issuing of a citation, which will be handled by Municipal Court, it is advisable for Council not to address the merits of the law enforcement action. If the issue involves the demeanor of the Police Officer or the Police Department's complaint procedures, it is advisable to direct the City Manager to review matters. ( 2.) Susan Barrick, President of the League of Women Voters, appeared to discuss proposed development within the City's 300-foot easement of Lake Alan Henry. Also appearing to speak on this issue were Nick C. Park, Melanie Barnes (Research Assistant at Texas Tech University Geology Department) and Bill Carter. Councilman Nelson told Ms. Barnes that he would be interested in having an opinion from TNRCC regarding an easement of 75' or 150' . (2A.) Giles Dalby, County Judge of Garza County, appeared to speak to the issue of development at Lake Alan Henry. This item was deleted. EXECUTIVE SESSION Mayor Pro Tem Cooke stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); to discuss pending or contemplated litigation (Police Department; Water Utilities); to discuss personnel matters regarding duties, responsibilities, and/or appointments (Board and Commissions); Regular City Council Meeting October 25, 2001 Page 290 and to deliberate the purchase, exchange, lease, or value of real property (Aviation; Fire Department; Water Utilities). 8:23 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present except Mayor Sitton. ( 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 to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). ( 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 (Police 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: Appointments Advisory Board Citizens Traffic Commission Keep Lubbock Beautiful Neighborhood Redevelopment Commission Urban Design/Historic Preservation Commission Youth Commission -Students ( 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 (Aviation; Fire Department; Water Utilities). 10:01 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present except Mayor Sitton and Councilmember Morrison. ( 8.) Presentation on proposed ordinance for burglary and robbery alarm system users to obtain a permit for their alarm system. Claude Jones, Interim Chief of Police and Harold Dominguez, Assistant to the City Manager (20 minutes) Three issues prompted staff to pursue this ordinance. First, staff wants to ensure the safety of our officers. From our research, it appears that as officers respond to numerous false alarms at a single location, they may become less attentive when responding to these false alarm calls. This potentially jeopardizes their personal safety. Second, the time that it takes officers to address false alarms prevents them from responding to more valid police services. Finally, false alarms are placing an increased burden on the Police Department's budget. Staff s primary concern is the safety of our police officers and ensuring that the Police Department can respond to more valid police services. Since the Police Department's initial discussion regarding the false alarm issue, staff has compiled the most recent false alarm numbers. In 2000, Lubbock Police Officers answered 25,121 alarm calls. Ninety-nine percent or 24,849 of these alarm calls were false alarms. The average false alarm call takes an officer 30 minutes to address. The Police 290 Regular City Council Meeting October 25, 2001 Page 291 Department estimates that it cost $255,621 to answer false alarm calls in 2000. The Police Department has drafted an ordinance and staff has met with all the alarm companies that provide alarm service in Lubbock. The alarm companies were supportive of the ordinance. However, they did have some concerns with regard to specific sections of the ordinance. As a result of these discussions, staff made some minor changes to the original ordinance to address their concerns. The following is a brief overview of the ordinance: • The purpose of the ordinance is to encourage the improvement and reliability of burglary and robbery alarm systems to ensure that police officers are not diverted from responding to real criminal activities because of responding to false alarms. • Any individual or business that has a call -in burglary alarm system will be required to obtain a permit after the third false alarm. An individual or business that has a call -in robbery alarm system will be required to obtain a permit after the first false robbery alarm. A burglary system is the standard system that is installed in most homes. A robbery system requires an individual to signal the alarm system manually. • Individuals and businesses will be required to apply for a permit within 180 days of the effective date of the ordinance. • The Chief of Police may set a non-refundable fee to be charged for the processing of an application and issuance of an alarm system permit. Claude Jones, Interim Police Chief, is recommending a $50 permit fee. • After the Police Department responds to five burglary false alarms within a twelve-month period, the permit holder will be assessed a $50 fee for each additional false alarm. After the Police Department responds to ten false burglary alarms within a twelve-month period, the Chief may revoke the alarm permit on the grounds that the alarm system has demonstrated a history of unreliability. • After the Police Department responds to two false robbery alarms, the permit holder will be assessed a $100 fee for each additional false robbery alarm. After five false robbery alarms the Chief may revoke the alarm permit on the grounds that the alarm system has demonstrated a history of unreliability or the individuals are not trained in using the robbery alarm. • If a Chief of Police approved alarm usage course is available, the Chief may accept documentation that the permit holder and their staff has successfully complete training in proper alarm usage in lieu of all or a portion of the penalty or service fees. • If an alarm system has chronic problems or produces a number of false alarms during a weekend or holiday, the Police Department has the option to count multiple false alarms as one false alarm. However, the permit holder must furnish written documentation from the alarm company stating that they are working to correct the problem. 291 Regular City Council Meeting October 25, 2001 Page 292 • If there is severe weather that causes numerous false alarms throughout the city, these false alarms will not be counted toward the permit holder's false alarms for the permit year. This section was added to the ordinance after meeting with the alarm companies. Staff recommended approval of this ordinance. Councilmember Morrison arrived. ( 9.) Discuss contingency plans for the FY 2001-2002 Budget in light of the current economic downturn being felt across the nation. Debra B. Forte', Deputy City Manager (15 minutes) The presentation included a Level I and Level II plan, as well as implications on management raises. 10:40 A.M. WORK SESSION RECESSED 10:53 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson and Councilmember T. J. Patterson. Absent: Mayor Sitton Mayor Pro Tem Cooke called the meeting to order at 10:53 A.M. (10.) Mr. Doug Hale, Minister, Vandelia Church of Christ, gave the invocation. (11.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: Jan Collier Youth Commission Students Receiving: Gabriela Arandia Sita Bushan Stephanie Colorado Trista Hodge (unable to attend) Lauren Hund Lora Koenig (unable to attend) Shelby Knox Chelsea McBride (unable to attend) Kimberly McDaniel (unable to attend) Amanda McMillan Brendan Murray (unable to attend) Corey Nichols Kanequa Nichols (unable to attend) Regan Owen Paizley Ramierez Francisco Ramos (unable to attend) Rajpal Singh (unable to attend) Nathan Wilson 292 Regular City Council Meeting October 25, 2001 Page 293 CITIZENS APPEARANCES (12.) Presentation of a proclamation declaring October as Disability Employment Awareness Month. October is National Disability Employment Awareness Month. This year's theme is "Win with Ability." This theme emphasizes the many talents people with disabilities bring to our workforce. Employers have a large pool of qualified workers to serve in all venues from banking and high tech to teaching and retail. Once employers open their doors to people with disabilities, they will benefit from the skills and diversity that these individuals bring to their jobs. Sonya Quintero, LIFE/RUN Centers for Independent Living, accepted the presentation of a proclamation made declaring October as Disability Employment Awareness Month. Ms. Quintero also presented members of her Center. (12A.) Giles Dalby, County Judge of Garza County, appeared to speak to the issue of development at Lake Alan Henry. This item was deleted. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things About Lubbock. No. 10 is Laboratory Services. The lab at Lubbock Health Department is one of only six laboratories in the state selected to receive federal money to perform bioterrorism-related procedures. It is the only lab within a 180-mile radius to perform such tests. It tests such agents as: 1. Anthrax 2. Tuleremia 3. Brucella 4. The Plague; all of which are considered potential weapons of mass destruction. This lab has been up and running over six months, well in advance of the September 11 tragedy. Once again, Lubbock is well prepared and ahead of most cities in preparedness. No. 9 is Urbane. Urbane simply means politeness that is noteworthy. People of Lubbock have always been known for their politeness and their genuine friendliness. This is probably the most noteworthy characteristic of Lubbock and West Texans. We strive to make our City government and City Hall a reflection of Lubbock's urbane citizens. No. 8 is Bank, Food. The South Plains Food Bank and the Breedlove Dehydration Food Center have been assets to Lubbock for years. But did you know that their importance extends beyond Lubbock and West Texas? They help in the fight against world hunger, week -in and week - out. Yes, some food will be delivered to refugee Afghans who have fled their country and are in refugee camps in neighboring countries. They are teaming to send one million servings of dehydrated vegetable mix to feed the hungry people of Afghanistan. Breedlove was awarded a $750,000.00 grant early this year from the U. S. Agency for International Development to provide humanitarian hunger relief overseas during emergencies. South Plains Food Bank was honored with 293 Regular City Council Meeting October 25, 2001 Page 294 a 2001 Victory against Hunger Award by the Congressional Hunger Center. Lubbock should be justifiably proud of their efforts. No. 7 is Breedlove Center. No. 6 is Or Treats! There's no trick to this one. On October 31, Halloween night, the Greek letter fraternities and sororities of Texas Tech University will be holding a fun and safe Halloween Carnival at Greek Circle, located at 15`h and Quaker Ave. This is an excellent opportunity to provide the children of Lubbock a fun experience and insure that the children will receive safe treats in a traffic -free environment. This is probably going to be the biggest and best Halloween Carnival around and will enable us to preserve a time- honored tradition in Lubbock of Halloween fun. No. 5 is Check, Body. The Lubbock Cotton Kings have just begun their third season of professional hockey in Lubbock, now in the Central Hockey League. This larger and more skilled league consists of four divisions with a total of sixteen teams from cities as far north as Indianapolis, Indiana and as far south as Corpus Christi and El Paso. If you like slap shots, hard body checks against the glass, hard driving and skillful skating, then the Lubbock Cotton Kings are about as good as it gets. Remember the puck drops at 7:05 p.m. for every home game in the Municipal Coliseum beginning this Saturday against the San Antonio franchise. No. 4 is Knight Time. The debut of Bobby Knight's men's basketball team at Texas Tech University will officially begin on November 15 at the United Spirit Arena. The three -time National Champion Coach brings a track record and a reputation never before seen in Texas Tech athletic programs. Though not a saint, he is deserving of the name of Knight, and all of his players do address him as "Sir." The Bobby Knight era at Texas Tech University - who would have thought that was even a possibility a year and half ago? No. 3 is Yesteryear Awareness. It has been said that one's future is only as good as the dreams of those who have traveled this path before. Such as the case with Lubbock. We have been blessed with people of vision, hard work and the dream of making Lubbock the best place in which to live and work in these United States. Rest assured this City Council has learned from the leadership and work of those councils in the past - both good and bad. We have a sacred trust with the citizens of our community to protect and preserve the Lubbock of the past and the present and to strive to realize the dreams of our forefathers. No. 2 is Emergency Preparedness. Lubbock was selected as one of a handful of metropolitan areas in the United States to receive the Metropolitan Medical Response System Grant, giving Lubbock over $400,000.00 to become even more prepared for a domestic mass - destruction event. This grant enables Lubbock to develop partnerships between the emergency operations center and the Health Department and primary care providers, hospitals and fires responders such as fire, police and EMS personnel. This project enables us to enhance our disease surveillance processes and has the objective of establishing a plan of action in the event of a bioterrorism disaster. No. 1 is Symphonic Delights. The Lubbock Symphony Orchestra consists of 84 paid outstanding professional musicians that have developed a national reputation for excellence. This season, Lubbock 294 Regular City Council Meeting October 25, 2001 Page 295 welcomes a new conductor, Andrews Sill from Milwaukee. He is a world renowned concert pianist and has brought a heightened level of enthusiasm and expertise to an already outstanding performing orchestra. Don't forget that the Symphony Guild supports two additional youth orchestras, as well as a Suzuki Program for children as young as two years of age. The Guild also provides money for scholarship programs to enable talented children to receive private and group music lessons. The Orchestra's season consists of six performances, the second of which is this weekend, featuring Dr. Alan Shinn, a percussionist of national renown, who will be leading the symphony in an original score. Let's support this wonderful cultural gift available to all persons in Lubbock. Councilmember Patterson left the dais. CONSENT AGENDA (Items Nos. 13-14, 16-31) Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to approve Items Nos. 13-14, 16-31 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (13.) Approval of the minutes of the Emergency Called City Council Meeting of October 5, 2001 and Regular City Council Meeting of October 11, 2001. (14.) Ordinance No. 2001-00085 amending Chapter 12 of the Code of Ordinances of the City of Lubbock, with regard to adoption of standards for public swimming pools and spas; providing a penalty; providing a savings clause; and providing for publication (first reading). ORDINANCE NO. 2001-00085 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ADOPTION OF STANDARDS FOR PUBLIC SWIMMING POOLS AND SPAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The current Standards for Swimming Pools/Spas were adopted as city ordinance in 1986, or 15 years ago. Since that time, considerable research has been done and many scientific advances have been made in the field of swimming pool/spa sanitation and safety, especially as it pertains to entrapment and entanglement hazards. The 1999 TDH Standards are designed to address the most commonly found safety and sanitation hazards. Environmental Inspection Services has presented the 1999 Standards with the Lubbock Hotel/Motel Association and The City of Lubbock Health Board. Both recommended approval of the 1999 Standards. The Lubbock Apartment Association implemented the 1999 Standards in 2000, and also recommended approval by the City Council. Letters of support from the Health Board and The Lubbock Apartment Association are attached. In addition, an information sheet and a timeline for education and implementation are attached. Staff recommended approval of this ordinance. Next item to be considered was Item No. 16. 295 Regular City Council Meeting October 25, 2001 Page 296 (15.) Ordinance No. 2001-00087 amending Chapter 14 of the Code of Ordinances entitled "Licenses and Business Regulations" by adding Article XII, that will require burglary and robbery alarm system users to obtain a permit for their alarm system (first reading). This item was moved to Regular Agenda and was considered following Item No. 31. ORDINANCE NO. 2001-00087 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "LICENSES AND BUSINESS REGULATIONS," BY ADDING ARTICLE XII, PROVIDING DEFINITIONS; REQUIRING A PERMIT OF BURGLARY AND ROBBERY ALARM SYSTEM USERS IN CERTAIN CIRCUMSTANCES; PROVIDING FOR A PENALTY; ESTABLISHING A PROCEDURE FOR THE ISSUANCE AND REVOCATION OF SUCH PERMITS AND APPEALS FROM DENIAL OR REVOCATION; PROVIDING SERVICE FEES FOR FALSE ALARM NOTIFICATIONS; PROVIDING EXEMPTIONS; PROHIBITING CERTAIN INTER -CONNECTIONS AND AUTOMATIC DIALING PRACTICES; REGULATING BURGLARY AND ROBBERY ALARM TESTING, MAINTENANCE, USE, OPERATION, AND REPORTING; REQUIRING PERMIT HOLDERS TO TRAIN USERS IN THE PROPER USE AND OPERATION OF ALARM SYSTEMS; PROVIDING STANDARDS FOR BURGLARY AND ROBBERY ALARM PROTECTIVE SERVICES AND BURGLARY AND ROBBERY ALARM SYSTEM OPERATION; PROVIDING FOR ALARM DISPATCH RECORDS; PROVIDING FOR CONFIDENTIALITY OF INFORMATION; PROVIDING FOR AUTHORITY TO FILE SUIT TO ENJOIN VIOLATION; PROVIDING A SEVERABILITY AND SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. Three issues prompted staff to pursue this ordinance. First, staff wants to ensure the safety of our officers. From our research, it appears that as officers respond to numerous false alarms at a single location they may become less attentive when responding to these false alarm calls. This potentially jeopardizes their personal safety. Second, the time that it takes officers to address false alarms prevents them from responding to more valid police services. Finally, false alarms are placing an increased burden on the Police Department's budget. Staff's primary concern is the safety of our police officers and ensuring that the Police Department can respond to more valid police services. Since the Police Department's initial discussion regarding the false alarm issue, staff has compiled the most recent false alarm numbers. In 2000, Lubbock Police Officers answered 25,121 alarm calls. Ninety-nine percent or 24,849 of these alarm calls were false alarms. The average false alarm call takes an officer 30 minutes to address. The Police Department estimates that it cost $255,621 to answer false alarm calls in 2000. The Police Department has drafted an ordinance and staff has met with all the alarm companies that provide alarm service in Lubbock. The alarm companies were supportive of the ordinance. However, they did have some concerns with regard to specific sections of the ordinance. As a result of these discussions, we made some minor changes to the original ordinance to address their concerns. The following is a brief overview of the ordinance: ►•. Regular City Council Meeting October 25, 2001 Page 297 • The purpose of the ordinance is to encourage the improvement and reliability of burglary and robbery alarm systems to ensure that police officers are not diverted from responding to real criminal activities because of responding to false alarms. • Any individual or business that has a call -in burglary alarm system will be required to obtain a permit after the third false alarm. An individual or business that has a call -in robbery alarm system will be required to obtain a permit after the first false robbery alarm. A burglary system is the standard system that is installed in most homes. A robbery system requires an individual to signal the alarm system manually. • Individuals and businesses will be required to apply for a permit within 180 days of the effective date of the ordinance. • The Chief of Police may set a non-refundable fee to be charged for the processing of an application and issuance of an alarm system permit. Claude Jones, Interim Police Chief, is recommending a $50 permit fee. • After the Police Department responds to five burglary false alarms within a twelve-month period, the permit holder will be assessed a $50 fee for each additional false alarm. After the Police Department responds to ten false burglary alarms within a twelve-month period, the Chief may revoke the alarm permit on the grounds that the alarm system has demonstrated a history of unreliability. • After the Police Department responds to two false robbery alarms, the permit holder will be assessed a $100 fee for each additional false robbery alarm. After five false robbery alarms the Chief may revoke the alarm permit on the grounds that the alarm system has demonstrated a history of unreliability or the individuals are not trained in using the robbery alarm. • If a Chief of Police approved alarm usage course is available, the Chief may accept documentation that the permit holder and their staff has successfully complete training in proper alarm usage in lieu of all or a portion of the penalty or service fees. • If an alarm system has chronic problems or produces a number of false alarms during a weekend or holiday, the Police Department has the option to count multiple false alarms as one false alarm. However, the permit holder must furnish written documentation from the alarm company stating that they are working to correct the problem. • If there is severe weather that causes numerous false alarms throughout the city, these false alarms will not be counted toward the permit holder's false alarms for the permit year. This section was added to the ordinance after meeting with the alarm companies. Staff recommended approval of this ordinance. 297 Regular City Council Meeting October 25, 2001 Page 298 Motion was made by Councilmember Nelson, seconded by Councilmember McDougal, to pass on first reading Ordinance No. 2000- 00087 as recommended by staff. Motion carried: 4 Yeas, 1 Nay. Councilmember Hernandez voted Nay. Next item to be considered was Item No. 32. (16.) Ordinance No. 2001-00086 making changes in the FY 2001-2002 budget of the City of Lubbock for governmental purposes and to meet emergency conditions created by the terrorist attacks (first reading). ORDINANCE NO. 2001-00086 AN ORDINANCE MAKING CHANGES IN THE FY2001-2002 BUDGET OF THE CITY OF LUBBOCK FOR GOVERNMENTAL PURPOSES AND TO MEET EMERGENCY CONDITIONS CREATED BY THE TERRORISTS ATTACKS. The terrorist attacks of September 11 have had a tremendous impact on the aviation industry. Public fears about the safety of flying have significantly reduced the number of passengers in the system. The resulting loss of revenue has created a financial crisis in the airline industry that is threatening the viability of our nation's air transportation system. The Federal Aviation Administration has responded to the crisis by ordering the implementation of unprecedented security measures at airports throughout the nation. A key element of the new FAA security structure is the addition of personnel to increase the frequency and quality of patrols in and around the airport terminal building and perimeter. Staff analysis has shown that the most cost-effective way to address the FAA requirements is to add four new Airport Operations positions to the airport staff. The proposed positions would be entry-level personnel whose primary function is to patrol the terminal building in support of the security program. The Operations personnel would also provide a "front line" management presence at the airport all times when there is passenger activity in the terminal building. The total annual cost of adding the new positions will be $154,632. The cost of the new positions will be funded by a direct pass -through to the airlines under the provisions of the Certificated Passenger Airline Operating Agreement and Terminal Building Lease. Once created, the new positions will address the airport's long-term security needs. In the interim, however, the airport has had to use Lubbock Police Department personnel and private security guards to meet FAA security requirements. The cost of these interim security measures is not eligible for reimbursement under the agreement with the airlines. Therefore staff recommended the creation of a budget line item to fund the interim costs which are projected to be approximately $50,000. Funding for this item will come from airport reserves. Staff requested authorization to revise the FY2001-02 Operating Budget for Lubbock International Airport as described above. Staff recommended approval of this ordinance. Regular City Council Meeting October 25, 2001 Page 299 (17.) Resolution No. 2001-RO450 authorizing the Lubbock International Airport to initiate a phased -in parking rate increase with a maximum potential increase of twenty-five percent. RESOLUTION NO. 2001-RO450 WHEREAS, staff analysis indicates that the projected reduction in airline operations and loss of passengers will result in a revenue shortfall of approximately $340,000 in Airport revenue for FY 2001-02; and WHEREAS, after a review of all potential airport revenue sources, it has been determined that only the airport parking lot operation has the potential for generating the additional revenue needed to overcome this shortfall; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Lubbock International Airport is authorized to initiate a phased -in parking rate increase with a maximum potential increase of twenty-five (25) percent. Passed by the City Council this 25th day of October, 2001. ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation /s/ WINDY SITTON WINDY SITTON, MAYOR APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney The terrorist attacks of September 1 1 have had a tremendous impact on the aviation industry. Public fears about the safety of flying have significantly reduced the number of passengers in the system. The airlines have responded by cutting back operations system -wide. The loss of passengers and the reduction in airline operations have significantly affected revenue streams for airports throughout the nation. Staff analysis indicates a projected revenue shortfall at Lubbock International Airport of approximately $340,000 for FY 2001-02. After a review of all potential revenue sources, staff has determined that only one, the airport parking lot operation, has the potential for generating the additional revenue needed to overcome shortfall. Assuming a 5 percent traffic loss in the parking lot, staff has determined that a 25 percent increase in parking rates would generate $340, 814 in additional revenue per year, enough to cover the projected revenue shortfall. Surveys show that the proposed rates would be comparable to other air carrier airports. Staff recommended increasing the parking rate only to the point necessary to cover the projected revenue losses. Accordingly, staff recommended a phased approach that would initially raise parking rates by 20 percent. At revised budget, staff would re-evaluate revenue projections and address any shortfall by reducing operating costs and, if necessary, increasing parking rates by the remaining 5 percent. This approach will help to ensure that the Airport Operating Fund remains I.. Regular City Council Meeting October 25, 2001 Page300 self-sufficient, and that the projected revenue shortfall does not have a negative impact on the General Fund. Staff recommended approval of a phased -in parking rate increase at the airport with a maximum potential increase of 25 percent and Council approval of this resolution. (18.) Resolution No. 2001-RO451 authorizing the Right -of -Way Department to make an offer to Mary Ann Tharp and Marion Nadine Wallace for Lot 19 and Lot 20, Block 4, Westacres Addition to the City of Lubbock for a City park (1119 East Loyola Street). RESOLUTION NO. 2001-RO451 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 public park purposes, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to following described parcels of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lots 19,20, Block 4, Westacres Addition, to the City of Lubbock, Lubbock County, Texas as shown on the map, plat and/or dedication deed thereof recorded in Volume 409, Page 53, Deeds Records, Lubbock County, Texas. SECTION 2. THAT the owners of above -described parcels of land being Mary Ann Tharp and Marion Nadine Wallace as Successor Co -Trustees of the ARTHUR M. WALLACE and MARION NADINE WALLACE 1979 REVOCABLE LIVING TRUST, dated August 15, 1979, as amended and restated by FIRST AMENDED DECLARATION OF TRUST BY ARTHUR M. WALLACE and MARION NADINE WALLACE, dated November 15, 1985, as amended by FIRST AMENDMENT TO FIRST AMENDED DECLARATION OF TRUST BY ARTHUR M. WALLACE and MARION NADINE WALLACE, dated May 7, 1991, and as amended by SECOND AMENDMENT TO FIRST AMENDED DECLARATION OF TRUST BY ARTHUR M. WALLACE and MARION NADINE WALLACE, dated August 28, 1995, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,200.00, which is the amount appraised as the value and total damages for the fee simple title, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the 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 to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25th day of October, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 300 Regular City Council Meeting October 25, 2001 Page 301 APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney One of the new parks to be acquired as a result of the last bond election is in the Skyview neighborhood. This area is just south of the airport and is bound on the north by East Marlboro Street, on the east by North Magnolia Avenue, on the south by East Loyola Street, and on the west by North King Avenue. This Block 4 of the Westacres Addition contains 20 lots. Mrs. Tharp and Mrs. Wallace own two of these lots (lots 19 & 20). These lots are valued on the LCAD tax roll at $600 per lot and they have agreed to sell for this tax office value for a total of $1200, which is our offer to these landowners. This resolution also authorizes condemnation proceedings to acquire these parcels if our offer is refused. Staff recommended approval of this resolution. (19.) Resolution No. 2001-RO452 accepting secondary street maintenance improvements constructed by West Texas Paving, Inc., under the 2001 Secondary Streets Maintenance Program. RESOLUTION NO. 2001-RO452 A RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, The City of Lubbock awarded a contract November 27, 2000, authorizing the construction of residential street maintenance improvements by West Texas Paving, Inc., on City streets; and WHEREAS, the improvements upon the said portions of the City streets have been inspected and found to have been constructed according to the approved plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions to the City streets indicated on the attached list (Exhibit A) BE and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $25,630.08 SECTION 2. THAT this Resolution shall take effect in force from and after its passage. Passed by the City Council this 25th day of October, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 301 Regular City Council Meeting October 25, 2001 Page 302 APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant CityAttorney A copy of Exhibit A is filed with Resolution No. 2001-R452. This item is a routine acceptance of the 2001 Secondary Streets Maintenance Program, which consisted of various types of patching, single -course and two -course surface treatment on all streets listed in the acceptance resolution. The contract amount was $508,291.20. Final contract price is $514,492.87. Seal coat work for the Parks Department accounted for $1,891.20, which came from one of their accounts. Final payment due the contractor upon acceptance is $25,630.08. Adequate funds are available in the Permanent Street Maintenance Fund for this payment. Staff recommended approval of this resolution (20.) Resolution No. 2001-RO453 providing an amendment to an interlocal construction, reimbursement and right-of-way usage agreement between the City of Lubbock and Texas Tech University. RESOLUTION NO. 2001-RO453 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 to an Interlocal Construction, Reimbursement and Right -of -Way Usage Agreement between City and Texas Tech University, a copy of which Amendment is attached hereto, and any associated documents, which Amendment 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 25th day of October, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager 302 Regular City Council Meeting October 25, 2001 Page 303 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Amendment is filed with Resolution 2001-RO453 This interlocal agreement provided for the installation of fiber optics interduct from Reese Center to the Texas Tech campus. The original interlocal agreement anticipated more construction work being performed by the City than actually occurred. Therefore, Texas Tech University has reimbursed the City actual costs of $167,095, rather than the original $248,000 provided in the agreement. Staff recommended approval of this resolution. (21.) Resolution No. 2001-RO454 in support of a grant application requesting funds to purchase a baler in response to the RFP released by South Plains Association of Governments (SPAG) for fiscal year 2001 Solid Waste Grant Programs in conjunction with the Texas Natural Resource Conservation Commission (TNRCC). RESOLUTION NO. 2001-RO454 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF LUBBOCK, TEXAS, AUTHORIZING THE SUBMISSION OF A FY 2001 REGIONAL SOLID WASTE GRANTS PROGRAM APPLICATION TO THE SOUTH PLAINS ASSOCIATION OF GOVERNMENTS AND AUTHORIZING THE CITY MANAGER TO REPRESENT THE CITY OF LUBBOCK IN ALL MATTERS PERTAINING TO THIS APPLICATION. WHEREAS, protection of the State's environment has become a growing concern in Texas particularly with regard to the potential environmental risks associated with the disposal of municipal solid wastes; and WHEREAS, in accordance with legislative action, the citizens of the State of Texas, either directly or indirectly, pay into a state -managed solid waste tipping fee fund which provides the Texas Natural Resource Conservation Commission (TNRCC) the funding to administer a variety of programs designed to afford the state a higher degree of environmental protection; and WHEREAS, a portion of these TNRCC-administered tipping fee funds have been made available to the state's local governments through the regional councils of governments of Texas to provide grants for regional/local solid waste management projects; and WHEREAS, the primary intent of these grant funds is that they be used to implement/enhance programs at the regional/local level which promote the management goals of the regional and state solid waste plans; and WHEREAS, the City of Lubbock is eligible to receive these funds and desires to undertake a program which advances the solid waste management goals and objectives of the state solid waste management plan and the Panhandle Regional Solid Waste Management Plan. NOW THEREFORE, be it resolved by the City Council of the City of Lubbock, Texas: 1. That the City of Lubbock is applying for $58,000 to implement a program to be known as baler purchase. 303 Regular City Council Meeting October 25, 2001 Page 304 2. That the City Council of the City of Lubbock appoints the City Manager to act as its duly authorized representative in all matters pertaining to this application. 3. That any grant funds received will be used for their intended purpose. 4. That as a condition of funding, the City of Lubbock agrees to provide the necessary certifications and assurances required by the TNRCC. CONSIDERED AND APPROVED THIS 25th DAY OF OCTOBER, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook Managing Director of Water Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney HB 3072 mandates that the TNRCC return to local governments a portion of all tipping fees collected in the state. The funds are apportioned back to each Council of Governments based on a formula which includes (but is not limited to) population, need, and number of counties in the Council area. The Councils then conduct a competitive grants programs request to address the needs of their specific region. This year, SPAG has approximately $170,000 available for pass -through implementation projects. The SPAG Solid Waste Advisory Committee has chosen to limit each single jurisdiction award to 25 % ($58,000) of the total available funding. The Solid Waste Department's grant application is for the purchase of a baler that will be used to bale plastics collected at the recycling drop-off centers. Budget Impact: This grant is for a twelve-month period and will have minimal impact on the Solid Waste budget. If the SPAG Solid Waste Advisory approves the baler purchase, the Solid Waste budget will be impacted by $4,000. This $4,000 is being used as matching funds and will be used to pay the remaining cost of the baler, which is estimated to cost $62,000. At the end of the grant period, the program will be evaluated to determine whether it will receive continued funding from City resources. Staff recommended approval of this resolution. (22.) Resolution No. 2001-R0455 appointing Temporary and Substitute Judges (Laura Monroe, David A. Ellison, Michele Hart, Enrique Martinez, Ramon Gallegos, Jim Aldridge -Associate Judges) for the Lubbock Municipal Court of Record. 304 Regular City Council Meeting October 25, 2001 Page 305 RESOLUTION NO.2001-RO455 WHEREAS, Subsection 30.00008(b) of the Government Code of the State of Texas provides that the governing body of the City of Lubbock may appoint one or more temporary substitute judges for the Lubbock Municipal Court of Record; and WHEREAS, such temporary substitute judges shall meet the same qualifications to serve as are required of a regular municipal judge; and WHEREAS, the City Council of the City of Lubbock has determined that it is in the best interest of the citizens of the City of Lubbock to appoint the following named persons as temporary substitute judges for the Municipal Court of Record; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the following named persons are hereby appointed temporary substitute judges of the Lubbock Municipal Court of Record. Laura Monroe Enrique Martinez David A. Ellison Ramon Gallegos Michele Hart Jim Aldridge SECTION 2. THAT said temporary substitute judges shall serve as needed and at the pleasure of the Presiding Judge of the Lubbock Municipal Court and said temporary substitute judges shall receive such pay as shall be provided for such positions by the City Council in the annual City of Lubbock budget. Passed by the City Council on this 25th day of October, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Robert Doty Robert Doty, Municipal Judge APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney The terms of the above -named Associate Judges of the Municipal Court will expire in October of 2001. It is appropriate to reappoint said judges for an additional period. These judges function as night magistrates at the City holding facility, and occasionally perform additional duties in the stead of the Presiding Judge due to vacation, illness, etc. The Associate Judges will act under the direction of the Presiding Judge. Compensation for the positions is recommended to be $50 per hour (budgeted amount). Funding for these positions, at that rate, has already been included in the 2001-2002 budget. 305 Regular City Council Meeting October 25, 2001 Page 306 The Presiding Judge of the Municipal Court recommended Council approval of this resolution. (23.) Resolution No. 2001-RO456 authorizing the Mayor to execute a contract extension between the City of Lubbock and Barbara T. McCall & Associates for consulting services with regard to federal legislation and federal agencies. RESOLUTION NO. 2001-RO456 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 between the City of Lubbock and Barbara T. McCall Associates, Inc. for federal legislative consulting services, 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 25th day of October, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tony Privett Tony Privett Director of Communication and Legislation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0456. The City requires the services of a presence in Washington, D.C. to facilitate our federal legislative agenda, to assist our Congressional delegation with City issues, and to provide direct interaction with federal agencies on a consistent basis. In order to have a presence in Washington in a cost-effective manner, the City of Lubbock joined together with four other Texas cities to employ Ms. McCall and her firm as a legislative consultant. Staff recommended approval of this resolution (24.) Resolution No. 2001-RO457 authorizing the Mayor to execute an interlocal agreement with the Housing Authority of the City of Lubbock for cooperative purchasing. 306 Regular City Council Meeting October 25, 2001 Page 307 RESOLUTION NO. 2001-RO457 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 Interlocal Agreement for cooperative purchasing, by and between the City of Lubbock and the Housing Authority of the City 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 25th day of October, 2001. /s/ WINDY SITTON WINDY SITTON, 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 Agreement is filed with Resolution No. 2001-R0457. Cooperative purchasing is one of the ways that local governments can save time and money in their purchasing programs. It occurs when two or more entities coordinate some or all of their purchasing needs so that they can join in purchases to the mutual benefit of all the entities concerned. Local governments benefit in many ways, including developing contacts with other local government officials and developing the habit of cooperating with other entities. Some of the most common benefits are: I. Lower costs through increased volume. 2. Lower (shared) administrative costs. 3. Improved response from vendors. 4. Shared experience leading to better product specification. 5. Better compliance with state statutes on purchasing. VTCA Government Code Chapter 791 - Interlocal Cooperation Act allows local governments to contract with and between each other, to provide governmental functions and services, and to join together in contracting with others to provide goods and services. 307 Regular City Council Meeting October 25, 2001 Page 308 The City of Lubbock and the Housing Authority of the City of Lubbock desire to cooperate on select governmental purchases in order to enjoy greater economy of scale and thereby reduced prices for certain commodities used by both governmental entities. Pursuant to Section 791.012, the laws of the particular entity making the particular purchase will apply to the purchase unless the law of the other entity is more strict and would prohibit the purchase being made in such a manner. In such a case, the purchase will be made in conformance with the most stringent applicable regulation. The City of Lubbock and the Housing Authority of the City of Lubbock will engage in the purchase of items and services that are used by both entities and as jointly agreed upon by the purchasing officers of both entities. As a general rule, the governmental entity that uses the most of a particular commodity or service will be the lead agent in making a joint purchase. Each entity will be responsible for payment of its portion of the proportionate purchase costs directly to the vendor. The period of this interlocal agreement will be for the balance of the fiscal year and will thereafter be automatically renewed annually for each succeeding fiscal year of the City. Staff recommended Council approval of this resolution. (25.) Resolution No. 2001-R0458/RFP #195-01/RW-for Closed Circuit Television (Wastewater Collection). RESOLUTION NO. 2001-RO458 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 closed circuit television, by and between the City of Lubbock and the Baker Equipment Company, Inc., of Edmond, Oklahoma, 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 25th day of October, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0458. Regular City Council Meeting October 25, 2001 Page 309 This project involves retrofitting a closed circuit television van for Wastewater Collection. The City of Lubbock has 501 miles of six-inch sewer mainlines and Wastewater Collection televises approximately twenty percent of the system. The successful bidder would have to demonstrate the ability to televise six-inch sewer main lines without the addition of personnel or equipment. Proposals were submitted from Underground Inc. for an Aries Pan and Tilt Camera with zoom capability with Win -Cam Software and from The Baker Company for an Omni III camera with zoom capability and Win -Cam software. The evaluation criteria in the RFP included: • Substantial successful experience in competing similar project • Demonstrated knowledge and understanding of the project • Substantial representations regarding the firm's qualifications and demonstrated design skill appropriate to this project and the technical capabilities and professional competence of the proposer and assigned personnel • Substantial capability to meet schedules and deadlines as well as the capability to complete the project without having major cost escalations, change orders or overrun • Cost Proposers were ranked as follows: Baker Company 90 Underground, Inc. 65 Staff recommended contract award in the amount of $44,970 to The Baker Company to retrofit the Closed Circuit Television Van for City of Lubbock Wastewater Collection and Council approval of this resolution. (26.) Resolution No. 2001-R0459; Resolution No. 2001-R0460; Resolution Nos. 2001-RO461 and Resolution No. 2001-R0462/BID #227-01/RS— for Automobiles & Light Duty Trucks (Fleet Services). RESOLUTION NO. 2001-RO459 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 per ITB #227- 01/RS for automobiles & light duty trucks, by and between the City of Lubbock 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 25th day of October, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary me Regular City Council Meeting October 25, 2001 Page 310 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. 2001-RO459. This bid is for the purchase of 76 automobiles and light duty trucks. The low bids are from the following companies: Shamrock Chevrolet of Lubbock, Texas $1,051,830 Gene Messer Ford of Lubbock, Texas $ 249,693 Scoggin-Dickey Chevrolet of Lubbock, Texas $ 229,462 Lawrence Marshall Chevrolet of Hempstead, Texas $ 214,727 The low bids are within the Capital Outlay - Equipment budget. To the extent allowed by law, the lease obligation associated with this acquisition may be included in our tax rate limitation calculation. (27.) Resolution No. 2001-RO463 and Resolution No. 2001-RO464/BID #228-01/RS-for Heavy Off Road Equipment (Fleet Services). RESOLUTION NO. 2001-RO463 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 per ITB #228- 01/RS for heavy off road equipment, by and between the City of Lubbock and West Texas Cat 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 25th day of October, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager 310 Regular City Council Meeting October 25, 2001 Page 311 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. 2001-R0463. This bid is for the purchase of a landfill compactor for the Solid Waste Department and a motor grader for the Street Department. The low bids are from the following companies: West Texas Cat of Lubbock, Texas $303,564 Associated Supply Company, Inc. of Lubbock, Texas $110,273 The low bids are within the Capital Outlay -Heavy Movable Equipment budget. (28.) Resolution No. 2001-R0465/BID #235-01/RS-for Tractor Backhoe With Front End Loader & Trailer (Fleet Services). RESOLUTION NO. 2001-RO465 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 per ITB #235- 01/RS for a tractor backhoe with front end loader & trailer, by and between the City of Lubbock and Yellowhouse Machinery 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 25th day of October, 2001. /s/ WINDY SITTON WINDY SITTON, 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. 2001-R0465. This bid is for the purchase of two tractor backhoes with trailers for Pipeline Maintenance. 311 Regular City Council Meeting October 25, 2001 Page 312 The low bid is $132,500 from Yellowhouse Machinery of Lubbock, Texas and is within the Capital Outlay -Heavy Moveable Equipment budget. (29.) BID #241-01/DC-Firefighters Bunker Gear (Fire Department). This bid is for the purchase of up to 30 sets of pants and jackets to be provided to this year's graduating recruits and to replace severely deteriorated gear currently in service. This purchase represents the first half of an approved capital project funding the acquisition of up to 60 sets of gear as part of a three-year replacement cycle that is designed to alleviate the financial burden of a large sum purchase of all gear every third year. The low bid is $25,470 from Fire Gear, Inc. of Grand Junction, Colorado and is within the Bunker Gear Replacement budget. (30.) Resolution No. 2001-RO466/BID #245-01/DC-for Wheel Mounted Slurry Spray Unit (Fleet Services). RESOLUTION NO. 2001-RO466 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 per ITB #245- 01/RS for a wheel mounted slurry spray unit, by and between the City of Lubbock and Justin Seed Company of Justin, 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 25th day of October, 2001. /s/ WINDY SITTON WINDY SITTON, 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. 2001-RO466. This bid is for the purchase of a wheel mounted slurry spray unit for the Solid Waste Department landfill operations. The low bid is $31,176 from Justin Seed Company of Justin, Texas and is within the Equipment Capital Outlay -Other Equipment budget. 312 Regular City Council Meeting October 25, 2001 Page 313 (31.) Resolution No. 2001-R0467/RFQ #261-01/RS-for Emergency Procurement for Lubbock Land Application Site Remediation Well Drilling (Water Department). RESOLUTION NO. 2001-RO467 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 Lubbock Land Application Side Remediation Well Drilling, by and between the City of Lubbock and Hi Plains Drilling, Inc., of Abernathy, 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 25th day of October, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0467. This project involves eight irrigation type water wells to be drilled on the Lubbock Land Application Site on East 50`' Street about 2 miles east of East Loop 289. These wells will be a part of an on going project to remediate high nitrate concentrations in the groundwater under city owned property. The City has recently received a notice of violation from the Texas Natural Resource Conservation Commission and has agreed to add pumping capacity at certain locations on the property to properly remediate the nitrate. The low bid is $149,519.96 from Hi Plains Drilling of Abernathy, Texas and is within the Long Term Remedial Action budget. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. Next item to be considered was Item No. 15. 313 Regular City Council Meeting October 25, 2001 Page 314 PUBLIC HEARINGS (32.) Hold a public hearing to consider the request of Tamarack Petroleum for an Oil Drilling Permit on a tract of land located approximately 1675 feet east and 1650 feet north of the southwest corner in Section 6, Block A, Lubbock County, Texas (north of East Erskine and west of North Olive Avenue). Designation of well is Lee Harrison #31. (33.) This item was considered following Item #15. Mayor Pro Tern Cooke opened the public hearing at 11:14 a.m. Jim Joplin appeared on behalf of Tamarack Petroleum. No one appeared in opposition. Randy Henson, Senior Planner, presented staff comments. Mayor Pro Tern Cooke closed the hearing at 11:17 a. in. Consider approval of an Oil Drilling Permit for Lee Harrison #31. On September 25, 2001 the Planning Department received an application for a permit to drill the above described well. The well is within a pooled unit and does not require an acreage minimum for a production unit. At least fourteen active or plugged Harrison wells are existing in this square mile. Storage is proposed in conjunction with an existing tank battery. The application is in order. Tamarack proposes earth sludge pits with no landscape at the well site. The blowout protector has a rating of 3,000 psi or greater. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County. Access to the drill site is from East Erskine on private property. SHORT TERM IMPACTS: A minimum of impact for the public is expected for the short term since the area is substantially undeveloped. POTENTIAL LONGTERM IMPACTS: The land area surrounding and including this lease is designated "residential" on the Comprehensive Land Use Plan. With additional wells in the immediate area and no immediate development proposals, no long-term negative impacts are anticipated The staff recommended approval subject to the following conditions: RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free up the hole during drilling until after the first series of surface casing has been set to 400 feet or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a minimum depth of 400 feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first and second series compliance with applicable Railroad Commission. of casing of the well shall be in portions of Rule 13 of the Texas 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Tamarack Petroleum for West Lee Harrison #31. 314 Regular City Council Meeting October 25, 2001 Page 315 Staff recommended approval of the permit with the proposed conditions. Motion was made by Councilmember Nelson, seconded by Councilmember Morrison for approval of an Oil Drilling Permit for Lee Harrison #31. Motion carried: 5 Yeas, 0 Nays. (34.) Hold a public hearing to consider the request of Tamarack Petroleum for an Oil Drilling Permit on a tract of land located approximately 2307 feet west and 990 feet north of the southeast corner in Section 6, Block A, Lubbock County, Texas (north of East Erskine and west of North Olive Avenue). Designation of well is Lee Harrison #32. Mayor Pro Tern Cooke opened the public hearing at 11:14 a.m. Jim Joplin appeared on behalf of Tamarack Petroleum. No one appeared in opposition. Randy Henson, Senior Planner, presented staff comments. Mayor Pro Tern Cooke closed the hearing at 11:17 a. in. (35.) Consider approval of an Oil Drilling Permit for Lee Harrison #32. On September 25, 2001 the Planning Department received an application for a permit to drill the above described well. The well is within a pooled unit and does not require an acreage minimum for production. At least fourteen active or plugged Harrison wells are existing in this square mile. Storage is proposed in conjunction with an existing tank battery. The application is in order. Tamarack proposes steel sludge pits with no landscape at the well site. The blowout protector has a rating of 3,000 psi or greater. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County. Access to the drill site is from East Erskine on private property. SHORT TERM IMPACTS: A minimum of impact for the public is expected for the short term since the area is substantially undeveloped. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated "residential" on the Comprehensive Land Use Plan. With additional wells in the immediate area and no immediate development proposals, no long-term negative impacts are anticipated The staff recommended approval subject to the following conditions: RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free up the hole during drilling until after the first series of surface casing has been set to 400 feet or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a minimum depth of 400 feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first and second series compliance with applicable Railroad Commission. of casing of the well shall be in portions of Rule 13 of the Texas 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated 315 Regular City Council Meeting October 25, 2001 Page 316 within the application of Tamarack Petroleum for West Lee Harrison #32. Staff recommended approval of the permit with the proposed conditions. Motion was made by Councilmember Nelson, seconded by Councilmember Morrison for approval of an Oil Drilling Permit for Lee Harrison #32. Motion carried: 5 Yeas, 0 Nays. (36.) Hold a public hearing to consider the request of Tamarack Petroleum for an Oil Drilling Permit on a tract of land located approximately 920 feet west and 2310 feet north of the southeast corner in Section 6, Block A, Lubbock County, Texas (north of East Erskine and west of North Olive Avenue). Designation of well is Lee Harrison #36. Mayor Pro Tem Cooke opened the public hearing at 11:14 a.m. Jim Joplin appeared on behalf of Tamarack Petroleum. No one appeared in opposition. Randy Henson, Senior Planner, presented staff comments. Mayor Pro Tem Cooke closed the hearing at 11:17 a. in. (37.) Consider approval of an Oil Drilling Permit for Lee Harrison #36. On September 25, 2001 the Planning Department received an application for a permit to drill the above described well. The well is within a pooled unit and does not require an acreage minimum for production. At least fourteen active or plugged Harrison wells are existing in this square mile. Storage is proposed in conjunction with an existing tank battery. The application is in order. Tamarack proposes earth sludge pits with no landscape at the well site. The blowout protector has a rating of 3,000 psi or greater. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County. Access to the drill site is from North Olive on private property. SHORT TERM IMPACTS: A minimum of impact for the public is expected for the short term since the area is substantially undeveloped. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated "residential" on the Comprehensive Land Use Plan. With additional wells in the immediate area and no immediate development proposals, no long-term negative impacts are anticipated The staff recommended approval subject to the following conditions: RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free up the hole during drilling until after the first series of surface casing has been set to 400 feet or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a minimum depth of 400 feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first and second series of casing of the well shall be in compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 316 Regular City Council Meeting October 25, 2001 Page 317 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Tamarack Petroleum for West Lee Harrison #36. Staff recommended approval of the permit with the proposed conditions. Motion was made by Councilmember Nelson, seconded by Councilmember Morrison for approval of an Oil Drilling Permit for Lee Harrison #36. Motion carried: 5 Yeas, 0 Nays. (38.) Hold a public hearing to consider the request of Tamarack Petroleum for an Oil Drilling Permit on a tract of land located approximately 740 feet east and 2310 feet north of the southwest corner in Section 25, Block A, Lubbock County, Texas (north of East Erskine and east of North Olive Avenue). Designation of well is Lee Harrison #33. Mayor Pro Tern Cooke opened the public hearing at 11:14 a.m. Jim Joplin appeared on behalf of Tamarack Petroleum. No one appeared in opposition. Randy Henson, Senior Planner, presented staff comments. Mayor Pro Tem Cooke closed the hearing at 11:17 a. in. (39.) Consider approval of an Oil Drilling Permit for Lee Harrison #33. On September 25, 2001 the Planning Department received an application for a permit to drill the above described well. The well is within a pooled unit and does not require an acreage minimum for production. At least nine active or plugged Harrison wells are existing in this square mile. Storage is proposed in conjunction with an existing tank battery. The application is in order. Tamarack proposes steel sludge pits with no landscape at the well site. The blowout protector has a rating of 3,000 psi or greater. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County. Access to the drill site is from Idalou Highway on private property. SHORT TERM IMPACTS: A minimum of impact for the public is expected for the short term since the area is substantially undeveloped. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated "residential" on the Comprehensive Land Use Plan. With additional wells in the immediate area and no immediate development proposals, no long-term negative impacts are anticipated The staff recommended approval subject to the following conditions: RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free up the hole during drilling until after the first series of surface casing has been set to 400 feet or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a minimum depth of 400 feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 317 Regular City Council Meeting October 25, 2001 Page 318 3. The first and second series of casing of the well shall be in compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Tamarack Petroleum for West Lee Harrison #33. Staff recommended approval of the permit with the proposed conditions. Motion was made by Councilmember Nelson, seconded by Councilmember Morrison for approval of an Oil Drilling Permit for Lee Harrison #33. Motion carried: 5 Yeas, 0 Nays. (40.) Hold a public hearing to consider the request of Tamarack Petroleum for an Oil Drilling Permit on a tract of land located approximately 3230 feet west and 1320 feet north of the southeast corner in Section 25, Block A, Lubbock County, Texas (north of East Erskine and west of North Wood Avenue). Designation of well is Lee Harrison #34. Mayor Pro Tem Cooke opened the public hearing at 11:14 a.m. Jim Joplin appeared on behalf of Tamarack Petroleum. No one appeared in opposition. Randy Henson, Senior Planner, presented staff comments. Mayor Pro Tern Cooke closed the hearing at 11:17 a. in. (41.) Consider approval of an Oil Drilling Permit for Lee Harrison #34. On September 25, 2001 the Planning Department received an application for a permit to drill the above described well. The well is within a pooled unit and does not require an acreage minimum for production. At least nine active or plugged Harrison wells are existing in this square mile. Storage is proposed in conjunction with an existing tank battery. The application is in order. Tamarack proposes earth sludge pits with no landscape at the well site. The blowout protector has a rating of 3,000 psi or greater. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County. Access to the drill site is from the Idalou Highway on private property. SHORT TERM IMPACTS: A minimum of impact for the public is expected for the short term since the area is substantially undeveloped except for the Children's Home. The Children's Home is the surface owner. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated "residential" on the Comprehensive Land Use Plan. With additional wells in the immediate area and no immediate development proposals, no long-term negative impacts are anticipated The staff recommended approval subject to the following conditions: RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free up the hole during drilling until after the first series of surface casing has been set to 400 feet or greater. 318 Regular City Council Meeting October 25, 2001 Page 319 2. The permittee shall require that a first series of casing be set when drilling reaches a minimum depth of 400 feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first and second series of casing of the well shall be in compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Tamarack Petroleum for West Lee Harrison #34. Staff recommended approval of the permit with the proposed conditions. Motion was made by Councilmember Nelson, seconded by Councilmember Morrison for approval of an Oil Drilling Permit for Lee Harrison #34. Motion carried: 5 Yeas, 0 Nays. (42.) Resolution No. 2001-R authorizing the Mayor to execute a contract between Schrader & Cline, LLC and the City of Lubbock for services related to creation of a Tax Increment Finance District for the North Overton Area of the City of Lubbock. This item was deleted. (43.) Resolution No. 2001-R authorizing and directing the Mayor to execute a resolution regarding activities to be permitted at Lake Alan Henry. This item was deleted. Next item to be considered was Item No. 45. (44.) Consider four appointments to Reese Redevelopment Authority Board of Directors. This item was considered following Item No. 48. Motion was made by Councilmember Morrison, seconded by Councilmember McDougal to appoint Barbara Andrews, Jim Gilbreath and Neriman Guven to the Reese Development Authority Board of Directors. Motion was made by Councilmember Hernandez to continue. There was no second for this motion. The original motion carried: 4 Yeas, 1 Nays. Councilmember Hernandez voted Nay. (45.) Consider two appointments to the Board of Electrical Examiners. Motion was made by Councilmember Morrison, seconded by Councilmember Nelson to appoint Mike Thoma and reappoint Michael Temple to the Board of Electrical Examiners. Motion carried: 5 Yeas, 0 Nays. (46.) Consider one appointment to the Neighborhood Redevelopment Commission. 319 Regular City Council Meeting October 25, 2001 Page 320 Motion was made by Councilmember Morrison, seconded by Councilmember Nelson to appoint Marion (Rion) Sanford to the Neighborhood Redevelopment Commission. Motion carried: 5 Yeas, 0 Nays. (47.) Consider one appointment to Planning and Zoning Commission. Motion was made by Councilmember Morrison, seconded by Councilmember Nelson to appoint Craig Wells to the Planning and Zoning Commission. Motion carried: 5 Yeas, 0 Nays. (48.) Consider two appointments to Structural Standards Commission. Motion was made by Councilmember Morrison, seconded by Councilmember Nelson to appoint Margaret Aguilar to an Alternate position and to appoint Clayton Black to a Regular position to the Structural Standards Commission. Motion carried: 5 Yeas, 0 Nays. Next item to be considered was Item No. 44. 11:28 A. M. EXECUTIVE SESSION RECONVENED 1:15 P.M. EXECUTIVE SESSION RECESSED 5:05 P.M. EXECUTIVE SESSION RECONVENED 10:00 P.M. EXECUTIVE SESSION RECESSED 10:00 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pro Tem Cooke adjourned the meeting. Read and approved this day of 2001. /s/ Windy Sitton WINDY SITTON, MAYOR ATTEST: Rebecdla Garza, City Secretary 320