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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/8/2000CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING June 8, 2000 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 8`h day of June, 2000, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:31 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson CITIZEN COMMENTS ( 1.) Presentation by Mr. Dwain Lane, Mr. Ty Lane, and Mr. Howard Cowan regarding the method by which the City of Lubbock plans to bid the South Central Storm Sewer (Clapp Park) Project. Mr. Dwain Lane, President of the Utility Contractors of America, Inc. (UCAI), a Wolfforth contracting company, asked to be recognized to speak during the citizen comment portion of the June 8 Council meeting. Mr. Lane is concerned with what he believes will be an unfair exclusionary practice by the City of Lubbock in its bidding procedures as it relates to the bid concerning the South Central Storm Sewer (Clapp Park) Project. It is Mr. Lane's contention, according to his letter addressed to Councilman Marc McDougal, that bidding the South Central Storm Sewer as three projects would allow local contractors to bid on parts of the project, thereby keeping these funds in the Lubbock economy. Likewise, it is his belief that awarding the contract as one project will exclude local vendors due to the size of the contract. The South Central Storm Sewer (Clapp Park) Project was originally planned for construction in phases, beginning at the Canyon and working west as funds became available. However, after the 1999 flood the City Council directed staff to bid the entire project at one time. Construction plans have been prepared accordingly so breaking the project into several parts will add engineering cost and delay bidding by 2-3 months. Furthermore, coordinating multiple contractors on traffic control, utility relocation and construction inspection will add time, cost and confusion to the project. A contractor may choose to break the project into several parts and work multiple crews to expedite construction. Any delays caused by one crew's work to another are the contractor's problem to resolve internally. With multiple contractors, it would be the City's responsibility to resolve claims between contractors. A major part of the project is the outfall from Clapp Park to the Canyon. Our understanding is that UCAI can only bond $7-$8 million, which is well under the engineer's estimate for this portion. In addition, construction will entail installation of pipe 72" in diameter at depths of up to 35 feet and tunneling under three railroads and Interstate 27. Staff question whether any contractor in the immediate area has the equipment and experience to do the work. City Council Meeting June 8, 2000 Page 360 Staff recommended bidding of the South Central Storm Sewer (Clapp Park) Project as one contract in the interest of time and cost. EXECUTIVE SESSION Mayor Sitton 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 Attorney, City Manager, City Secretary); consider and take final action regarding claim settlement related to JRM No. 8 of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Energas, Environmental Inspection, Fire Department, Lubbock Power and Light, Solid Waste Department); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Planning Department, Police Department). 7:59 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present except Councilmember Hernandez and Councilmember Patterson. (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Attorney, City Manager, City Secretary). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086 to consider and take final action regarding claim settlement related to JRM No. 8 of Lubbock Power and Light (Electric Utilities). ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1) (A) to discuss pending or contemplated litigation (Energas, Environmental Inspection, Fire Department, Lubbock Power and Light, Solid Waste Department). ( 5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Community Development & Services Board Culture and Arts Commission Lubbock Central Appraisal District Millennium Advisory Committee Sports and Community Projects Committee ( 6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Planning Department, Police Department). 9:46 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present except Councilmember Hernandez. (7.) Presentation regarding the Sports and Community Venue project(s) by Tommy Gonzalez, Assistant City Manager. G•1' City Council Meeting June S, 2000 Page 361 Local government code, under Chapters 334 and 335, allows a municipality or county the ability to utilize these chapters for a venue project. Sports and community venue project, or venue project, means "a venue and related infrastructure that is planned, acquired, established, developed, constructed or renovated under these chapters." An approved venue project means a sports and community venue project that has been approved under these chapters by the voters of a municipality or county. A venue could mean an arena, coliseum, stadium, or other type of arena or facility that is used or is planned for use for one or more professional or amateur sports events, community events, or other sports events; including rodeos, livestock shows, agricultural exhibitions, promotional events and other civic or charitable events; and for which a fee for admission to the event is charged or is planned to be charged. Also, a venue could mean a convention center facility or related improvements such as the convention center, civic center, civic center building, civic center hotel, auditorium, theater, opera house, music hall, exhibition hall, rehearsal hall, park, zoological park, museum, aquarium or plaza located in the vicinity of a convention center or facility owned by a municipality or county. Also, a tourist development along an inland waterway, a municipal parks and recreation system or improvements or additions to a parks and recreation system, or an area or a facility that is part of a municipal parks and recreation system. This would also include any other economic development project authorized by other law. Financing the projects under the sports and community venues chapter includes a two percent tax on the hotel/motel industry and up to five percent for car rental businesses. Other forms of financing community projects not related to the local government code under venues include the remaining capacity of property tax saved from reducing the recently voted capital improvements program. An action item is on the regular agenda for City Council to consider appointing a citizen committee to study this funding opportunity for our community. (8.) Update on "GRUB" (Growing Recruits for Urban Business), a joint partnership between the City of Lubbock Youth Services Department, South Plains Food Bank, the Lubbock County Juvenile Justice Center, Texas Workforce Center of Lubbock, Lubbock MHMR, Lubbock Housing Authority, and numerous other youth - serving agencies in Lubbock by Everette "Scoop" Hooper, Youth Services Coordinator. The City of Lubbock and the South Plains Food Bank, along with 10 other local youth service agencies, have launched an entrepreneurial youth program called Growing Recruits for Urban Business (GRUB). GRUB is a seed -to -shelf agribusiness project aimed to help develop workforce skills for Lubbock youth. Initially, ten participants will be hired into the program, through the Texas Workforce Center of Lubbock. They will work on the Food Bank Farm and in community gardens, learning how to grow vegetables. As the program grows, these young people will produce and market their own food line from the fruits of their labor. 361 City Council Meeting June 8, 2000 Page 362 While they are learning gardening and marketing skills, all participants will be assessed for educational, psychological, and emotional needs. Volunteers from a full range of Lubbock youth serving agencies will be available to work alongside the young people in the program, in order to help ensure that GRUB participants are fully employable when they leave the program. GRUB is being funded by volunteers from numerous Lubbock non-profit agencies, the Texas Workforce Center of Lubbock, and state Criminal Justice grant. Staff expect to impact up to fifty young people per year, ages 12-19, in this program. No action is required on this item. 10:10 A. M. WORK SESSION RECESSED 10:32 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: Councilmember Victor Hernandez Mayor Sitton called the meeting to order at 10:32 A. M. ( 9,) Dr. Jay Jenson, President, Lubbock Texas Stake of the Church of Jesus Christ of Latter Day Saints gave the invocation. (10.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Lubbock Libraries Board Receiving: Patrick Shaw (unable to attend) CITIZEN APPEARANCES (11.) Presentation of a proclamation to Southwest Airlines employees at Lubbock International Airport in honor of their earning the 1999 "Station of the Year" Award by the Southwest Airlines corporate office. On May 23, 2000, Southwest Airlines recognized its operations at Lubbock International Airport as "Station of the Year," meaning it was the best of the 57 airport systems that Southwest used in 1999. Station of the Year is awarded based on criteria which include percentage of compliments from customers, fewest customer complaints, worker productivity, and overall performance in the following areas: customer service, ramp services, and overall operations. Southwest Airlines is the fourth largest domestic carrier in terms of customers that are boarded, and currently operates more than 2,600 flights a day. As the service an individual receives at the airport is the initial impression one gets of a city, outstanding customer service and friendly 362 City Council Meeting June 8, 2000 Page 363 employees are paramount to making that first impression a good one. Being named "Station of the Year" is a highly prestigious honor, and one that reflects well on the image of Lubbock as a friendly and cooperative destination for both business and tourism. In light of this prestigious honor, it is appropriate for the City Council to recognize the local Lubbock International Airport station of Southwest Airlines in achieving this distinct recognition. A proclamation was presented by Rice Horkey, Chairman, Jim Cone, Vice Chairman, Todd McKee, and Pete Ruiz of the Airport Board in honor of Southwest Airlines Lubbock Station being named "Station of the Year." Mark Earle, Aviation Manager, was also present. Megan Lee, Area Marketing Manager, and Gaylen Blair, Lubbock Station Manager, accepted the recognition on behalf of Southwest Airlines Lubbock Station. (12.) Presentation of a special recognition to Brittany Heath for outstanding community service in the Lubbock community through the "Suitcases for Kids" organization. Brittany Heath, a fourteen -year -old eighth -grade student from Evans Junior High School, started a chapter of "Suitcases for Kids" in Lubbock. This organization collects, cleans, and distributes suitcases for children in the Children's Protective Service (CPS) system. In the first year, over 400 suitcases have been given out to CPS foster children who often have nothing in which to pack their belongings as they are moved from home to home. Ms. Heath's program is sponsored by and assisted by CPS and the Community Partnership Program who provided a storage facility for donations. After setting up a special "Suitcases" voice mailbox for donor calls, designing business cards, and writing a brochure, Brittany contacted the local media to gain support for her project. Over 100 responses were received in the first two days. Ms. Heath was recently honored as a state winner (one junior high and one high school winner from each state) and national finalist of the Prudential Spirit of Community Award for outstanding acts of volunteerism that is given out yearly in Washington DC. For her efforts, she was rewarded with a silver medallion, a free trip to Washington DC, and $1,000 in cash. A special recognition was presented in honor of the community service performed by Ms. Brittany Heath. CONSENT AGENDA Items 13-22A 24-26 Motion was made by Councilmember Patterson Councilmember Morrison to approve items 13-22A and itemsonded 24-26 on consent agenda, moving Item 23 to Regular Agenda and deleting Item 27, as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (13.) Approval of the minutes of the Regular City Council Meeting 25, 2000. g of May (14.) Ordinance No. 2000-00026 amending Chapter 16 of the Ordinances of the City of Lubbock, Texas, with regard to providing f for resident only permit within the resident parking my test area (second and fion state nal roadways reading). 363 City Council Meeting June 8, 2000 Page 364 ORDINANCE NO.2000-00026 AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PROVIDING FOR RESIDENT ONLY PARKING ON STATE MAINTAINED ROADWAYS WITHIN THE RESIDENT PARKING ONLY TEST AREA; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. (15.) Ordinance No. 2000-00027 revising the budget for FY 1999-2000 (second and final reading). ORDINANCE NO.2000-00027 AN ORDINANCE MAKING CHANGES IN THE FY1999-2000 BUDGET OF THE CITY OF LUBBOCK FOR GOVERNMENTAL PURPOSES; During Council meeting on May 25, staff presented the revised budget for fiscal year 1999-2000 for the General Fund and Enterprise Operating Funds as well as Capital Projects. As discussed at the last Council meeting, the appropriate wording for the Fire Department Personnel Summary has been included in revised budget to accommodate Civil Service requirements. Staff recommended approval of the second reading of the ordinance. (16.) Ordinance No. 2000-00028 - Zone Case No. 2881 (7807 University): Request of Edward Lloyd for a zoning change from R-1 to C-2A for a restaurant with an accessory passout window on Lot 2, Novella Addition (second and final reading). ORDINANCE NO. 2000-00028 AN ORDINANCE AMENDING ZONING NO. FOLLOW FOLLOWING THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE CHANGES: ZONE CASE NO. 2881; A ZONING CHANGE TEXAFROM S PROVIDING A ZONING ON LOT 2, NOVELLA ADDITION, LUBBOCK, PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 17.) Ordinance No. 2000-00029 -Zone Case A°. 2882 enues):(Request of George and south of 82°d Street between Wausau and Alcove H. McMahan (for Westridge Investments) nor a zoning change acres of and from T to IHC on Lots 3-12 Westcom Additio located in the northwest quarter of Section 26, Block AK and a 17.15 acre tract of land located in the southwest quarter of Section 31, Block AK (second and final reading)• ORDINANCE NO.2000-00029 AN ORDINANCE AMENDING ZONING ORDINANCEKING NO.HE 7084 AND NG THE OFFICIAL MAP OF THE CITY OpLZONIONGKC ANGE FROM T TO IHC CHANGES: ZONE CASE NO. F LAND ZONI NG ON LOTS 3-12 WESTCOM ADDITION AND27 .ECTION 26E BLOOCK AK LOCATED IN THE NORTHWEST QUARTER OF ANDA 17.15 ACRE TRACT OF LAND LOCATED BLOCK AK, LUBBOCK,EXASIN EPROVIDING SA QUARTER OF SECTION 31, ONDIT CONDITIONS, PROVIDING A SAVINGS CLAUSE PENALTY; SUBJECT TO AND PROVIDING FOR PUBLICATION. 364 City Council Meeting June 8, 2000 Page 365 (18.) Ordinance No. 2000-00030 - Zone Case No. 2883 (7526 19'h Street): Request of Don and Lori Sexton (for Sexton Automotive) for a zoning change from R-1 to C4 on Lot 4 and the west one-half of Lot 3, W.W. Ferguson Addition (second and final reading). ORDINANCE NO.2000-00030 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2883; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON LOT 4 AND W 1/2 OF OF LOT 3, W.W. FERGUSON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (19.) Ordinance No. 2000-00031 - Zone Case No. 2734-A (3401 33`d Street): Request of Stacie Polozola for a zoning change from GO to AM for a Daycare on Lot 2, Block 1, Johnny and Jack Addition (second and final reading). ORDINANCE NO. 2000-00031 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2734-A; A ZONING CHANGE FROM GO TO AM ZONING ON LOT 2, BLOCK 1, JOHNNY AND JACK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (20.) Ordinance No. 2000-00032 - Nominating two areas as enterprise zones pursuant to the Texas Enterprise Zone Act (Texas Government Code, Chapter 2303); providing tax incentives; designating an authorized representative to act in all matters pertaining to the nomination and designation of the area described herein as enterprise zones and reinvestment zones (Texas Tax Code, Chapter 312); and further designating a liaison to act on all matters pertaining to the Enterprise Zone Act once designated by the Texas Department of Economic Development (second and final reading). ORDINANCE NO. 2000-00032 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS NOMINATING TWO AREAS AS ENTERPRISE ZONES PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT (TEXAS GOVERNMENT CODE, CHAPTER 2303); PROVIDING TAX INCENTIVES; DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREAS DESCRIBED HEREIN AS ENTERPRISE ZONES AND REINVESTMENT ZONES (TEXAS TAX CODE, CHAPTER 312); AND FURTHER DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE DESIGNATED BY THE TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT. (21.) Resolution No. 2000-RO158 authorizing the Mayor to execute Amendment #3 to the contract with Parkhill, Smith and Cooper, Inc., for engineering services for storm drainage feasibility and design: Clapp Park to North Fork of the Double Mountain Fork of the Brazos River (Canyon) and Overflow Playas upstream of Clapp Park. 365 City Council Meeting June 8, 2000 Page 366 RESOLUTION NO. 2000-RO158 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 an on behalf of the City of Lubbock, by and between the City of Lubbock and Parkhill, Smith and Cooper, Inc., an Amendment No. 3 to the ENGINEERING SERVICES FOR STORM DRAINAGE FEASIBILITY STUDY AND DESIGN: Clapp Park to North Fork of the Double Mountain Fork of the Brazos River (the Canyon) and Overflow Playas Upstream of Clapp Park, dated December 19, 1996 Agreement, 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 City Council this 8'' day of June, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, P.E., City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Amendment is filed with Resolution No. 2000-R0158. In response to the work session presentation in June 1999, staff and the consultant team were asked to look at additional alternatives for the South Central Storm Sewer Project. This project had previously been approved for design and the additional work involved for these additional alternatives and the redesign of the selected alternative is now being addressed. There were five new alternatives that were developed for the South Central Storm Sewer Project along with new rainfall data that corresponded to the June 1999 flood event. The redesign of the project came after the Council approved the upsizing of the pipes in order to reduce the drain down times at several of the playa lakes. The additional costs associated with this amendment were originally proposed to exceed $160,000. However, staff was able to negotiate the following: 366 City Council Meeting June 8, 2000 Page 367 Additional Alternatives Study $70,245.00 Redesign of Completed Work $12,573.00 Total Not to Exceed $82,818.00 If this amendment is approved the total amount of this contract will be an amount not to exceed $2,903,196. Staff recommended approval of this amendment. (22.) Resolution No. 2000-RO159 authorizing the Mayor to execute an assignment of lease agreement between the City of Lubbock and Civic Lubbock, Inc. for office space at Memphis Place Mall utilized by Select -a -Seat. RESOLUTION NO. 2000-RO159 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 on behalf of the City of Lubbock an Assignment of Lease Agreement and any associated documents by and between the City of Lubbock and Civic Lubbock, Inc., which Assignment is attached hereto and which shall be part of this Resolution as if fully copied herein in detail. Passed by City Council this 8' day of June, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Assignment is filed with Resolution No. 2000-R0159. Select -a -Seat, which is now owned and operated by the City of Lubbock, utilizes office space at Memphis Place Mall as its central location. The main frame for the Select -a -Seat system is housed at this location. Select -a -Seat also operates up to four box office windows and a phone room. Originally, Select -a -Seat was operated by Civic Lubbock, Inc. and the lease was in the name of Civic Lubbock, Inc. When the functions of Civic Lubbock, Inc. were reallocated, this operation came in under the 367 City Council Meeting June 8, 2000 Page 368 City's auspices. As the lease is being renewed, it is necessary to transfer the lease into the name of the City of Lubbock. The assignment of lease agreement between the City of Lubbock and Civic Lubbock, Inc. will transfer the existing lease for office space at Memphis Place Mall into the name of the City of Lubbock. This office space is used by Select -a -Seat as their primary box office location. Staff recommended that Council approve this item. (22A.) Resolution No. 2000-RO160 authorizing the Mayor to execute an addendum to a lease agreement between the City of Lubbock and H.A. Sessions for improvements and rental fees on the Select -a -Seat office space at Memphis Place Mall. RESOLUTION NO. 2000-RO160 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 Addendum No. 2 to a Lease Agreement, attached herewith, by and between the City of Lubbock and H.A. Sessions, and any associated documents, which Addendum No. 2 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 City Council this 8' day of June, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Addendum No. 2 is filed with Resolution No. 2000-R0160. Select -a -Seat, which is now owned and operated by the City of Lubbock, utilizes office space at Memphis Place Mall as its central location. The main frame for the Select -a -Seat system is housed at this location. Select -a -Seat also operates up to four box office windows and a phone room. The owners of Memphis Place Mall have requested that an addendum be executed on the existing lease. This addendum addresses improvements that will be made to the office space by H.A. Sessions in the form of carpet replacement and painting. It also sets out graduated rental fees for City Council Meeting June 8, 2000 Page 369 the next five years, beginning in June of 2000 through May of 2005. The cost per square foot for the first year will be $5 and will increase by $.50 per square foot per year. The City may terminate the lease with six months' written notice. This item is an addendum to the existing lease on the office space at Memphis Place Mall that is utilized by Select -a -Seat. Select -a -Seat is now owned and operated by the City of Lubbock. The addendum addresses improvements to the office space that will be completed by H.A. Sessions and outlines the monthly rental fees over the next five years. The lease can by terminated by the City with six months' written notice. Staff recommended that City Council approve this item. (23.) Resolution No. 2000-RO166 authorizing and directing the Mayor to execute on behalf of the City of Lubbock a professional services agreement to provide professional power brokering and sales consulting services, including retail sales, wholesale power sales, and wholesale power purchase brokering for Lubbock Power & Light, by and between the City of Lubbock and Caprock Data Systems, Inc. This item was moved from Consent Agenda to Regular Agenda and was considered following Item 26. RESOLUTION NO.2000-RO166 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Services Contract between the City of Lubbock and Caprock Data Systems, Inc. to provide professional power broker and sales consulting services to LP&L, 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 Council. Passed by City Council this 8`' day of June, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul E. Thompson Paul E. Thompson, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2000-R0166. 369 City Council Meeting June 8, 2000 Page 370 Although Lubbock Power and Light has managed to obtain over 67 % of the electric customers in Lubbock, most of our customer base is residential. Our performance in acquiring new commercial accounts has been weak. LP&L is submitting this proposed contract with Caprock Data Systems, Inc., (Caprock) a power broker and sales consultant, to try to increase commercial business customers. Caprock is responsible for all its expenses and will be compensated on a straight commission basis. If Caprock does not perform, there will be no cost to LP&L. The commission will be based on profit margin, load factor and customer retention. Staff feels that this contract is a positive move to try to increase our commercial revenues and continue to be the "home owned advantage" for the City. Staff recommended that the City Council approve this contract. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass Resolution No. 2000-RO166 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Cooke recused himself. The next item to be considered was Item 28. (24.) Resolution No. 2000-RO161 authorizing the Mayor to approve an application for the eligibility of Volunteer Service Council for the Lubbock State School to receive City surplus property. RESOLUTION NO.2000-RO161 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, by and between the City of Lubbock and the Volunteer Service Council for the Lubbock State School, an application to receive City surplus property. Said application 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. 370 City Council Meeting June 8, 2000 Page 371 Passed by City Council this 8'' day of June, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the application is filed with Resolution No. 2000-R0161. City policy allows City Council to authorize the transfer of surplus City property that would otherwise be destroyed or disposed of as worthless to a governmental, charitable, or civic organization located in the City of Lubbock, provided the organization provides public services that will benefit all or a significant part of the City of Lubbock. Lubbock State School is a Texas Department of Mental Health and Mental Retardation (MHMR) facility. The school is committed to a culturally diverse environment that provides encouragement, opportunities, and resources to enable people with developmental disabilities to live satisfying, independent and productive lives and to enjoy the same rights, freedoms and responsibilities as their fellow citizens. Volunteer Services Council for the Lubbock State School is a non-profit organization working to improve the lives of people served by the School. The mission of the Volunteer Services Council for Lubbock State School is to enrich the lives of those served by Lubbock State School by providing goods, services, and personal attention beyond the care and treatment provided by the state. Volunteer Services Council notes that Lubbock State School residents benefit from having the use of bicycles on campus; however, Volunteer Services Council also notes that many residents who could benefit from bicycle transportation cannot afford to purchase one. More than 350 bicycles from the Police Department Property Room are scheduled for sale at the City's annual auction on June 24, 2000. Staff recommended transferring 28 of these bicycles that are of nominal value for use by Lubbock State School residents who do not have personal funds to purchase bicycles. These bicycles will be assigned to Lubbock State School homes for use by groups of residents who need transportation on campus. Staff recommended the approval of this resolution authorizing the Mayor to execute this application. 371 City Council Meeting June 8, 2000 Page 372 (25.) Resolution No. 2000-R0162, Resolution No. 2000-R0163, Resolution No. 2000-R0164/RFP #00-085 - Property, Airport General Liability and Airport Directors and Officers Insurance (Airport). RESOLUTION NO.2000-RO162 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 property insurance, by and between the City of Lubbock and Palmer & Cay of Texas Inc. of Dallas, 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 City Council this 8' day of June, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0162. RESOLUTION NO.2000-RO163 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 airport directors and officers insurance, by and between the City of Lubbock and Texas Municipal League Intergovernmental Risk Pool of Austin, 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. 372 City Council Meeting June 8, 2000 Page 373 Passed by City Council this 8`' day of June, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0163. RESOLUTION NO. 2000-RO164 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 airport general liability insurance, by and between the City of Lubbock and Upshaw Insurance Agency/Westchester Fire of Amarillo, 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 City Council this 8`' day of June, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0164. 373 City Council Meeting June 8, 2000 Page 374 This RFP will provide for Property, Airport General Liability and Airport Directors and Officers Insurance for the City Of Lubbock. The existing policies are expiring. The City Of Lubbock received proposals from the following firms: Palmer & Cay of Texas, Inc. of Dallas, Texas (Property Insurance only) Sanford Insurance Agency, of Lubbock, Texas Texas Municipal League Intergovernmental Risk Pool of Austin, Texas Upshaw Insurance Agency, Inc. of Amarillo, Texas Proposals were evaluated using the following criteria: 1. Coverage. (30 %) 2. Financial Capacity. (20 %) 3. Professional Effort. (20 %) 4. Price. (30 %) The evaluation committee reviewed the proposals submitted and resulted in the following scores based upon a maximum 20-point scale. Property Insurance Palmer & Cay of Texas, Inc./Coregis 18.2 Sanford Insurance Agency/Affiliated FM 14.9 Upshaw Insurance Agency/Traveler's 14.8 Texas Municipal League Intergovernmental Risk Pool 10.1 Airport General Liability Insurance Upshaw Insurance Agency/Westchester Fire 17.5 Texas Municipal League Intergovernmental Risk Pool 14.9 Sanford Insurance Agency/AIG 13.7 Airport Directors and Officers Insurance Texas Municipal League Intergovernmental Risk Pool 17.3 Sanford Insurance Agency/National Union 15.5 Upshaw Insurance Agency/Coregis 12.6 The committee's recommendation is to accept the following: Property Insurance: Palmer & Cay of Texas, Inc./Coregis; total cost to the city is $194,850. Airport General Liability Insurance: Upshaw Insurance Agency/Westchester Fire; total cost to the city is $44,200. Airport Directors and Officers Insurance: Texas Municipal League Intergovernmental Risk Pool; total cost to the city is $7,296. All costs are within the Risk Management Self -Insurance Fund/Liability Insurance and Fire, Boiler budget amount. (26.) Resolution No. 2000-R0165/Bid #00-112 - Filter Rehabilitation at the Water Reclamation Plant (Water Utilities). 374 City Council Meeting June 8, 2000 Page 375 RESOLUTION NO.2000-RO165 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 filter rehabilitation at the water reclamation plant, by and between the City of Lubbock and Red River Construction Company of Plano, 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 City Council this 8' day of June, 2000. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas -- William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 8th day of June, 2000, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Red River Construction Company, of the City of Plano, County of Collin, 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 #00-112 - FILTER REHABILITATION AT THE WATER RECLAMATION PLANT - $154, 900.00 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. 375 City Council Meeting June 8, 2000 Page 376 THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Vicki Porter CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Red River Construction Company Bv: /s/ Dean Porter PRINTED NAME: Dean Porter TITLE: Chairman/Treasurer COMPLETE ADDRESS: Red River Construction Company 1506 Capital Avenue, Suite 200 Plano, Texas 75074 This bid is for the replacement of the underdrain, installation of new filter media, and the repair of rotating agitators at the Southeast Water Reclamation Plant. The existing filters originally went on line in the summer of 1994 and during the past year a reduction in the solids removal efficiency was recognized. The solids removal efficiency is now reported in the range of 26%. The solids removal should be at least 50%. A plastic underdrain block was discovered in the filter detention basin. This occurred from a damaged underdrain and needs to be replaced. This project will regenerate the filters back up to normal operation. The low bid is $154,900 from Red River Construction Company of Plano, Texas and is within the Sewer Wastewater Plant Repairs budget amount. The next item to be considered was Item 23. 376 City Council Meeting June 8, 2000 Page 377 (27.) Bid #00-113 - Demolition of Structures at 1521 East Broadway (Environmental Inspection Services) and authorize same. This item was deleted. MISCELLANEOUS (28.) Resolution No. 2000-RO167 creating a Sports and Community Projects Study Committee that will research and develop recommendations and determination of a need for the creation of a Sports and Community Venues Project(s). RESOLUTION NO.2000-RO167 WHEREAS, Chapters 334 and 335 of the Local Government Code allow a municipality or a municipality and a county to establish and fund venue projects; and WHEREAS, there are many potential venue projects that may be of benefit to the City of Lubbock; and WHEREAS, there are alternative financing methods that can be used; and WHEREAS, it is the opinion of the City Council that the best interests of the citizens of the City of Lubbock would be served by establishing a Sports and Community Venues Advisory Committee for the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a Sports and Community Venues Advisory Committee is hereby created by the City Council of the City of Lubbock, which shall perform its duties in accordance with the following criteria: 1. The primary objective of the Committee shall be to research and develop recommendations for the City Council with regard to the establishment of one or more venue projects for the City of Lubbock, including recommendations with regard to financing such projects from available venue taxes and other sources of revenue. 2. The committee will consist of seven (7) members appointed jointly, plus one designated for appointment by each Council member, plus two designated by the Mayor. The Mayor will also appoint the Chair. The total number of Committee members shall consist of fifteen (15) members. The City Manager of the City of Lubbock shall appoint a staff liaison to the Committee. 3. Regular meetings will be held at times and locations established by a majority of the Committee members. A simple majority of members shall constitute a quorum, and a majority vote of the quorum shall be required for any action to be taken by the Committee. 4. The Sports and Community Venues Advisory Committee shall serve for a term of approximately one year or until the objective is accomplished. 5. Reports shall be presented by the chairperson of the Committee to the City Council as requested by the City Council. 377 City Council Meeting June 8, 2000 Page 378 Passed by City Council this 8' day of June, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Local government code, under Chapters 334 and 335, allows a municipality or county the ability to utilize these chapters for a venue project. Sports and community venue project, or venue project, means "a venue and related infrastructure that is planned, acquired, established, developed, constructed or renovated under these chapters." An approved venue project means a sports and community venue project that has been approved under these chapters by the voters of a municipality or county. A venue could mean an arena, coliseum, stadium, or other type of arena or facility that is used or is planned for use for one'or more professional or amateur sports events, community events, or other sports events; including rodeos, livestock shows, agricultural exhibitions, promotional events and other civic or charitable events; and for which a fee for admission to the event is charged or is planned to be charged. Also, a venue could mean a convention center facility or related improvements such as the convention center, civic center, civic center building, civic center hotel, auditorium, theater, opera house, music hall, exhibition hall, rehearsal hall, park, zoological park, museum, aquarium or plaza located in the vicinity of a convention center or facility owned by a municipality or county. Also, a tourist development along an inland waterway, a municipal parks and recreation system or improvements or additions to a parks and recreation system, or an area or a facility that is part of a municipal parks and recreation system. This would also include any other economic development project authorized by other law. Financing the projects under the sports and community venues chapter includes a two percent tax on the hotel/motel industry and up to five percent for car rental businesses. Other forms of financing community projects not related to the local government code under venues include the remaining capacity of property tax saved from reducing the recently voted capital improvements program. There are several community projects that have been identified by staff for consideration. With this in mind, a committee should be created to research and develop recommendations to the City Council on potential 378 City Council Meeting June 8, 2000 Page 379 funding options as well as finalizing community projects for Council's consideration. Staff recommended Council authorize the Mayor to execute a resolution creating a Sports and Community Projects Study Committee. Tommy Gonzalez, Assistant City Manager, Community Services, presented staff comments. Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to pass Resolution No. 2000-R0167 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. BOARD APPOINTMENTS (29.) Consider one appointment to the Community Development & Services Board. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Alberto Cardenas, Jr. to the Community Development & Services Board. Motion carried: 6 Yeas, 0 Nays. (30.) Consider one appointment to the Lubbock Central Appraisal District Board. Richard Spikes, long-time member of the Lubbock Central Appraisal District Board (LCAD), has resigned because he is moving away from Lubbock. This slot is filled by a joint appointment of the Lubbock Independent School District Board and the City Council. LCAD staff indicates that an accounting background would be helpful. The LISD Board has suggested Regina Johnson. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Regina Johnson to the Lubbock Central Appraisal District Board. Motion carried: 6 Yeas, 0 Nays. 10:47 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION 1:41 P.M. COUNCIL RECONVENED 379 City Council Meeting June 8, 2000 Page 380 1:41 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Morrison adjourned the meeting. 10 W NDY SITT AYOR ATTEST: Darnell,'City Secretary Read and approved this bar: day of__ C,-6_ , 2000. 6� WINDY SITT , MAYOR arnell, City Secretary c:I