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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/9/2003CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JANUARY 9, 2003 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 9th day of January, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:34 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren; Council Member Tom Martin, Council Member Frank W. Morrison Absent: Mayor McDougal and Council Members Cooke and Patterson CITIZEN COMMENTS Five citizens expressed comments to the Council concerning the Lake Alan Henry user fees. They were: Randy Ferguson, Levelland; Kay Goode, Lubbock; Gordon Bohannon, Levelland; Emilio Ortiz, Lubbock and Todd Faulkner, Lubbock. Council Member Morrison requested that staff make copies of the current proposal available to these citizens. 7:58 A.M. CITY COUNCIL RECESSED 8:10 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Tom Martin, Council Member Frank W. Morrison, Bob Cass, City Manager; Don Vandiver, First Assistant City Attorney; and Tommy Combs, Deputy City Secretary Absent: Mayor McDougal and Council Members Cooke and Patterson Mayor Pro Tem Hernandez called the meeting to order at 8:10 A. M. (6.) Pastor Thomas Sawyer, Senior Pastor, Grace Christian Fellowship gave the invocation. ( 7.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. BOARD APPOINTMENTS RECOGNITION Arts Alliance, Inc. Grants Review Committee Receiving: James Arnold (unable to attend) Board of Health Receiving: Don May Central Business District TIF Receiving: Bob Greenhill (unable to attend) Community Development & Services Board Receiving: Ricardo Garcia Libraries Board Receiving: Scot Mayfield (unable to attend) Market Lubbock, Inc. Receiving: Dr. David Smith Lubbock Emergency Communications District Receiving: Bob Wood Regular City Council Meeting January 9, 2003 Page 8 Youth Commission —Adults Receiving: Todd Wyrick (unable to attend) Citizens Advisory Committee Receiving: Don Caldwell Jan Campbell (unable to attend) Bobbe Crawford Paul Dannevik Regji Davis Charlie Evans Jim Gilbreath (unable to attend) Art Glick Rafael Gonzalez Kaye Greer Ysidro Gutierrez Dr. Don Haragan (unable to attend) Gertie Jeter Greg Jones Dr. Ken Jones Phyllis Jones Bobby Kazee Connie Lawrence Earnest Merritt Lance Misner Richard Molina Tommy Morris (unable to attend) Gloria Ochotorena Garry Owens Dawn Pace (unable to attend) Jane Prince -Jones Phil Price Eddie Richardson Jerome Schuetzeberg (unable to attend) David Seim (unable to attend) Sam Silva (unable to attend) Gwen Stafford Carolyn Thompson Jack Thompson (unable to attend) Vernita Woods -Holmes CITIZEN APPEARANCES ( 8.) Presentation of a Special Recognition to the Frenship High School Cross Country Team to recognize them for winning the 2002 UIL 4A State Cross Country Championship. The 2002 Frenship High School Cross Country Team began this year's season on August 31 after months of hard training and after running several hundred miles in the hot summer sun. They competed every Saturday in meets from Denton to Abilene and Seminole to Carlsbad. After beating five teams in the District meet to become District 44A champions, they then competed in the Regional meet. Competing against 23 teams, the Frenship team won the Region I Championship, capturing their first regional title and advancing to the State Championship meet. In Round Rock on November 9, the team competed against eleven teams to win their first State Championship Cross Country title, which also represents the first time any Frenship team has won a State championship A special recognition was presented to the Frenship High School Cross Country Team for winning the 2002 State UIL 4A State Championship. Alternates on the team were: Ed Roup, Josh Lopez, Preston Curry and Ryan Kerr. Varsity runners were: Robert Wisely, Phillip Malone, Matt Snowden, Sebastian Haglund (a foreign exchange student from Alavesta, Sweden), Trent Gary (2"d Team All State, placed 12t' overall), Chase 8 Regular City Council Meeting January 9, 2003 Page 9 Snowden W' Team All State, placed 10`h overall) and Josh Hawkins (I" Team All State, placed 51h overall). Rodney Hendrix is the coach. ( 8A.) Oscar Jones, Executive Director of the Housing Authority of Lubbock, appeared to request reconsideration of PILOT. At a previous Council meeting, Max Tarbox (Chairman, Lubbock Housing Authority) and Oscar Jones (Executive Director, Housing Authority) appeared before the Council to request forgiveness of the PILOT (Payment in Lieu of Taxes) currently paid by the Authority to the City of Lubbock. At that time, Council was of the opinion that the Authority should continue to make the payment. Since that time, Mr. Jones has met with the Mayor and individual members of the Council. At his request, this item was placed back on the agenda for discussion. Oscar Jones, Executive Director of the Housing Authority of Lubbock made a presentation concerning reconsideration of PILOT. Tommy Gonzalez, Assistant City Manager, gave staff comments concerning steel fencing that had been exchanged for waiver of the 2002 payment. Don Vandiver, First Assistant City Attorney, stated two agreements existed with the Lubbock Housing Authority. A 1995 overall agreement requires the PILOT fees to be paid. In addition, there is an agreement of August 29, 2002 in which for this year the requirement to make the payment was waived in exchanged for some steel items. Council Member Martin stated that the one agreement was for previous years that had not been paid. The current fiscal year is about $32,000 and is included in the general fund budget as a revenue item. He stated the agreement Mr. Vandiver referred to dealt with prior years. Mr. Vandiver stated that it didn't, it read the amount currently owed by the Lubbock Housing Authority and for the 2002-2003 fiscal year. Mr. Vandiver said he felt something should be done with this agreement, as well as the overall agreement of 1995, or on a year-to-year basis. Council Member Martin stated that prior to today, he had not supported waiving these fees, but after hearing Mr. Jones' presentation, he requested that this matter be placed on the next agenda. He also suggested that this be done on a year-to-year basis. Mr. Vandiver commented that he now had the information necessary to make the amendments. Mayor Pro Tern Hernandez mentioned that if the PILOT fee is waived and to be used for rehab or reconstruction purposes, then some kind of mechanism should be put in place to track those monies. City Manager Bob Cass stated that the administration of this should be assigned to a specific individual in the organization to be responsible for monitoring those funds and bringing back a report to Council. CONSENT AGENDA (Nos. 9-17, 20, 22-27, 30, 32) Motion was made by Council Member Boren, seconded by Council Member Morrison to approve Items 9-17, 20, 22-27, 30, 32 on consent agenda as recommended by staff. Motion carried: 4 Yeas, 0 Nays. (9.) Approval of Minutes: December 12, 2002 Regular City Council Meeting December 19, 2002 Regular City Council Meeting (10.) ORDINANCE #2002-00136 ---Establishing the population of the City of Lubbock by ordinance so that City Limits population may be altered on State highways by the Texas Department of Transportation to reflect the current population figure for the City of Lubbock (second and final reading). 0 Regular City Council Meeting January 9, 2003 Page 10 ORDINANCE NO.2002-00136 AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, ESTABLISHING THE POPULATION OF THE CITY OF LUBBOCK BY ORDINANCE SO THAT CITY LIMITS POPULATION MAY BE ALTERED ON STATE HIGHWAYS BY THE TEXAS DEPARTMENT OF TRANSPORTATION TO REFLECT THE CURRENT POPULATION FIGURE FOR THE CITY OF LUBBOCK; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (11.) ORDINANCE #2002-00138—ZONE CASE NO. 1756-F (3115 2nd Street): Request of Hugo Reed and Associates for Royal Properties for a zoning change from R-1 to A-2 (for apartments) on a 0.83-acre tract of land out of Section 20, Block A and Block 1, Westhaven Addition (second and final reading). ORDINANCE NO. 2002-00138 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.1756-F; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON A 0.83-ACRE TRACT OF LAND OUT OF SECTION 20, BLOCK A AND BLOCK 1, WESTHAVEN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (12.) ORDINANCE #2002-00139—ZONE CASE NO. 2956 (east of MLK Blvd. and south of East 6"' Street): Request of Christopher S. Moore for Victory in Praise Church for a zoning change from R-1 to A-2 limited to a church and church -related uses on an unplatted 4.8-acre tract of land out of Section 4, Block O (second and final reading). ORDINANCE NO. 2002-00139 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2956; A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO CHURCH USES, ON AN UNPLATTED 4.8 ACRE -TRACT OF LAND OUT OF SECTION 4, BLOCK 0, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (13.) ORDINANCE #2002-00140—ZONE CASE NO. 2178-F (south of 1051h Street and west of Indiana Avenue): Request of Bernie Gradel, Jr. for Craft Development for a zoning change from R-1, R-1 Specific Use, and A-1 to R-1 Specific Use for garden homes with 5-foot front setbacks on cul-de-sac lots and 5-foot side setbacks on corner lots on proposed Lots 89 through 190 (second and final reading). ORDINANCE NO.2002-00140 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2178-F; A ZONING CHANGE FROM R-1, R-1 SPECIFIC USE AND A -I TO R-1 SPECIFIC USE FOR 15 FOOT FRONT SETBACKS ON REGULAR LOTS, 5-FOOT FRONT SETBACKS ON CUL-DE-SAC LOTS AND 5-FOOT SETBACKS ON CORNER LOTS ON PROPOSED LOTS 89 THROUGH 190, HIGHLAND GARDENS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (14.) ORDINANCE #2002-00141—ZONE CASE NO. 2934-A (south of 1091h Street and west of Grover Avenue): Request of Bernie Gradel, Jr. for Craft Development for a zone change from R-1 Specific Use to R-1 Specific Use for garden homes on an unplatted 4.08-acre tract of land out of Section 21, Block AK (second and final reading). 10 Regular City Council Meeting January 9, 2003 Page 11 ORDINANCE NO. 2002-00141 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2934-A; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR GARDEN HOMES ON AN UNPLATTED 4.08- ACRE TRACT OF LAND OUT OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (15.) ORDINANCE #2002-00142—ZONE CASE NO.2161-H (south of 861h Street and west of University Avenue): Request of Bernie Gradel, Jr. for Hale County State Bank for a zoning change from A-1 to C-3 for a bank on an unplatted 4.21-acre tract of land out of Section 13, Block E-2 (second and final reading). ORDINANCE NO.2002-00142 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2161-H; A ZONING CHANGE FROM A-1 TO C-2 ZONING ON A BANK ON AN UNPLATTED 4.21-ACRE TRACT OF LAND OUT OF SECTION 13, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) ORDINANCE #2002-00143—Regarding an amended process and the requirement of a public hearing prior to moving structures from any area inside or outside of Lubbock to another location within the city limits (second and final reading). ORDINANCE NO. 2002-00143. AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING SECTIONS 29- 30(e) AND 29-28 (f) (2); REQUIRING A SPECIAL EXCEPTION FOR THE MOVING OF BUILDINGS OTHER THAN MOBILE HOMES, MANUFACTURED HOUSING, MODULAR HOUSING, OR NEW READY BUILT HOUSING, AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES TO ADD A NEW SECTION III TO CHAPTER I OF THE UNIFORM BUILDING CODE WITH REGARD TO BUILDINGS TO BE MOVED; AND AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, TO ADOPT THE 2003 PROPERTY MAINTENANCE CODE WHICH INCLUDES HEARING PROCEDURES FOR FAILURE TO COMPLY WITH A MOVING PERMIT; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (17.) Resolution No. 2003-R0001 authorizing the Mayor to execute an agricultural lease with Kelly Thomas-TKT Farms (northeast corner, FM 1585 and Milwaukee Avenue). RESOLUTION NO. 2003-R0001 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 Agricultural Lease Agreement by and between the City of Lubbock and Kelly Thomas — TKT Farms, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 11 Regular City Council Meeting January 9, 2003 Page 12 Passed by the City Council this 9th day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney This agricultural lease allows Kelly Thomas of TKT Farms to farm the 160-acre City tract of land owned by the Water Utilities Department at the northeast corner of FM 1585 and Milwaukee Avenue. This lease is for one year. The Right -of -Way Department recommended approval of this resolution. The next item considered was Item 20. (18.) Resolution No. 2003-R0010 authorizing the Mayor to execute the necessary SFY 2003 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support the Lubbock Public Library "Loan Star Libraries" Direct Aid Program. This item was moved from consent agenda to regular agenda and was considered following Item 32. RESOLUTION NO.2003-R0010 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 the necessary SFY 2003 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support the Lubbock City -County Library "Lone Star Libraries" Direct Aid Program, and all related documents. Said Contract and related documents are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 12 Regular City Council Meeting January 9, 2003 Page 13 Passed by the City Council this 9th day of January, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant City Manager APPROVED AS TO FORM: /s% John M. Knight John M. Knight Assistant City Attorney The 77t' Texas State Legislature appropriated $2.9 million in each year of the 2002-2003 biennium for the Loan Star Libraries Program of direct state aid to Texas public libraries. This grant provides direct grants-in-aid to public libraries that are members of the Texas State Library System. Under this program, the Lubbock Public Library will receive $23,006 in SFY 2003. The purpose of the Loan Star Libraries direct aid program (13 TAC Sec. 2.160) is to provide incentive for local communities to extend public library service without charge to those Texans residing outside each library's local legal service area, to improve library services statewide, and to improve access to public library resources for all Texans. Primarily because of geographical factors, the Lubbock Public Library has never instituted a "non-resident" fee. Also, it has historically provided the "reciprocal borrowing" status to anyone living in the 29-county area of the West Texas Library System. With these provisions already in place, the Lubbock library is eligible to receive full —formula funding under the Direct Aid program. The Lubbock Public Library will use the Loan Star funds to supplement the local library support for library materials, in order to support the grant purpose of equal access for all Texans at the local level. The Library will purchase audio-visual media for adults and children, including books on tape and CD, videos, and digital videodisks. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2003-R0010 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. The next item considered was Item 21. (19.) Resolution No. 2003-R0016 authorizing the Mayor to execute Change Order No. 1 with Jack's Road Boring in the amount of $29,238 (20%) to purchase steel casing for the Stream Discharge Project. This item was considered following Item 35. 13 Regular City Council Meeting January 9, 2003 Page 14 RESOLUTION NO.2003-R0016 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 with Jack's Road Boring Pipeline Construction, Change Order No. 1, to Bid No. 242-02/13M to install forty-eight inch bore under State Highway 84 and BNSF Railroad. Said change order is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 9th day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice This change order is the first for this project and is 20 percent of the original $140,000 project cost. It allows the contractor, Jack's Road Boring, to purchase the steel casing. The original project scope was for boring services only. The City of Lubbock was to provide the casing material. However, considering delivery schedule and purchasing procedures, the quickest and most effective means to complete the work was to have the contractor purchase the casing. They will buy approximately 400 feet of 48 inch diameter steel casing. This project is to install the 36 inch treated effluent pipe underneath US 84 at FM 835 as part of the stream discharge project. This particular segment of pipe will connect to the existing 27-inch line to the Hancock Land Application Site (HLAS). Funds are provided from the Sewer Capital Projects totaling $3,400,000, to date, of which approximately $1,800,000 has been spent. Staff recommended approval of this resolution. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass Resolution No. 2003-R0016 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. The next item considered was Item 36. (20.) Resolution No. 2003-R0002 authorizing the City Council to accept and approve the budget submitted by the Lubbock Police Department for the expenditure of proceeds awarded to the Department and the South Plains Regional Narcotics Task Force in accordance with Article 59.06 of the Texas Code of Criminal Procedure. 14 Regular City Council Meeting January 9, 2003 Page 15 RESOLUTION NO.2003-R0002 WHEREAS, Article 59.06 of the Texas Code of Criminal Procedure provides for the disposition of forfeited property seized by law enforcement officers in the performance of their duties; and WHEREAS, Article 59.06(d) of such Code provides that proceeds awarded to a law enforcement agency may be spent by the agency after a detailed budget for the expenditure of the proceeds has been submitted to the governing body of the municipality for that agency; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the Council hereby accepts and approves the budget submitted by the Lubbock Police Department for the expenditure of proceeds awarded to the Department and the South Plains Regional Narcotics Task Force in accordance with Article 59.06 of the Texas Code of Criminal Procedure. Passed by the City Council this 9th day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude T. Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Prior to the expenditure of forfeited funds, the Texas Code of Criminal Procedure requires a law enforcement agency to submit a budget for these funds to the governing body of that agency. The budget for the funds forfeited to the Lubbock Police Department and the South Plains Regional Task Force is outlined in the document provided for council backup. The Lubbock Police Department recommended approval of this resolution. (21.) Resolution No. 2003-R0011 authorizing the Mayor of the City of Lubbock to approve a joint application with the City of Lamesa, Lubbock County and Gaines County for a State administered federally funded grant for the continuation of the South Plains Regional Narcotics Task Force. This item was moved from consent agenda to regular agenda and was considered following Item 18. RESOLUTION NO. 2003-R0011 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 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 joint application with Lubbock County, Gaines County, and the City of Lamesa, Texas, for grant funding and related documents for the State of Texas, Office of the Governor, Criminal Justice Division, for State and Federal assistance for operation of the South Plains Regional Narcotics Task Force to combat narcotics and illegal substances trafficking. The City 15 Regular City Council Meeting January 9, 2003 Page 16 Council hereby agrees to a cash match of $110,324.00, from the City of Lubbock to fund 25% of the Project, as required by the State of Texas in order to be eligible to receive such State and Federal assistance; and THAT in the event of loss or misuse of funds of the State of Texas, Office of the Governor, Criminal Justice Division, provided pursuant to said joint application for grant funding, this Council assures that the funds will be returned to the Criminal Justice Division. Passed by the City Council this 9th day of January, 2003. /s/ MARC MCDOUGAL - Marc McDougal, Mayor ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude T. Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Asst. City Attorney This grant application is being made in conjunction with the Governor's Anti -Drug Abuse Program. The 53 law enforcement agencies represented in the South Plains region cover some 10,000 square miles and are responsible to approximately 356,000 people located in 13 counties. Narcotic trafficking on the South Plains should be considered multi - jurisdictional with the success of each individual law enforcement agency in its operation having a direct effect on criminal activity in neighboring jurisdictions. Illegal narcotic trafficking is a regional program requiring regional coordination. The citizens of the 13 county region, including the City of Lubbock, would greatly benefit from this program. By identifying transient narcotic dealers and coordinating efforts to monitor their activities, the program will facilitate an effective impact on the narcotic problem in the 13 county region. Further, the Task Force will maintain an effective communications network with local jurisdictions concerning criminal violator activity. This approach will be promoted by an effective coordination of enforcement priorities and an efficient violator apprehension program working closely with the Drug Enforcement Administration, Department of Public Safety, County and City law enforcement agencies. The unit would also lend investigative support to local jurisdictions. The grant application is to be received by the Governor's Office, Criminal Justice Division. Awards for the grant have been set for June 1, 2002. The total request for funding is $648,385 with the City of Lubbock, City of Lamesa, Lubbock County, and Gaines County contribution being $162,096. This is the required cash match for the total grant. To assure compliance with the requirements of the program, each participating agency must sign an Interlocal Cooperation Agreement with the City of Lubbock. Chief of Police Claude Jones gave staff comments. He stated this force was established in 1988 and he was the first sergeant assigned to the task force. He also mentioned since September 11, there have been two other 16 Regular City Council Meeting January 9, 2003 Page 17 directives stating that this manpower could be used for domestic terrorism, Homeland Security and Amber Alert on missing and endangered children. The Police Department recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2002-R0011 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. The next item considered was Item 28. (22.) Resolution No. 2003-R0003 authorizing the Mayor of the City of Lubbock to execute an Interagency Agreement for law enforcement purposes for the investigation and prevention of narcotic and drug related laws of the State of Texas by and between the City of Lubbock and the City of Lamesa, Texas. RESOLUTION NO.2003-R0003 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 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 Interagency Agreement to develop a narcotics task force for law enforcement purposes, by and between the City of Lubbock and the City of Lamesa, Texas, attached hereto, and which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be part of this Resolution as if fully copied herein. Passed by the City Council this 9th day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude T. Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Asst. City Attorney This Interagency Agreement is being made in conjunction with the Governor's Anti -Drug Abuse Program. As a recipient of a Criminal Justice Division Grant, one requirement is that each participating agency enters into an Interagency Agreement. This is to assure compliance with the various mandates of the program placed upon the participating agencies. The execution of this agreement will also allow City of Lubbock Police Officers to work outside their normal jurisdictional boundaries in furtherance of the goals of the program, and making the enforcement effort multi jurisdictional. The Police Department recommended approval of this resolution. (23.) Resolution No. 2003-R0004 authorizing the Mayor of the City of Lubbock to execute an Interagency Agreement for law enforcement purposes for the investigation and prevention of narcotic and drug related laws of the State of Texas by and between the City of Lubbock and Lubbock County. 17 Regular City Council Meeting January 9, 2003 Page 18 RESOLUTION NO.2003-R0004 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 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 Interagency Agreement to develop a narcotics task force for law enforcement purposes, by and between the City of Lubbock and Lubbock County, Texas, attached hereto, and which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be part of this Resolution as if fully copied herein. Passed by the City Council this 9th day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude T. Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Asst. City Attorney This Interagency Agreement is being made in conjunction with the Governor's Anti -Drug Abuse Program. As a recipient of a Criminal Justice Division Grant, one requirement is that each participating agency enters into an Interagency Agreement. This is to assure compliance with the various mandates of the program placed upon the participating agencies. The execution of this agreement will also allow City of Lubbock Police Officers to work outside their normal jurisdictional boundaries in furtherance of the goals of the program, and making the enforcement effort multi jurisdictional. The Police Department recommended approval of this resolution. (24.) Resolution No. 2003-R0005 authorizing the Mayor of the City of Lubbock to execute an Interagency Agreement for law enforcement purposes for the investigation and prevention of narcotic and drug related laws of the State of Texas by and between the City of Lubbock and Gaines County. RESOLUTION NO. 2003-R0005 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 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 Interagency Agreement to develop a narcotics task force for law enforcement purposes, by and between the City of Lubbock and Gaines County, Texas, attached hereto, and which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be part of this Resolution as if fully copied herein. 18 Regular City Council Meeting January 9, 2003 Page 19 Passed by the City Council this 9th day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude T. Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Asst. City Attorney This Interagency Agreement is being made in conjunction with the Governor's Anti -Drug Abuse Program. As a recipient of a Criminal Justice Division Grant, one requirement is that each participating agency enters into an Interagency Agreement. This is to assure compliance with the various mandates of the program placed upon the participating agencies. The execution of this agreement will also allow City of Lubbock Police Officers to work outside their normal jurisdictional boundaries in furtherance of the goals of the program, and making the enforcement effort multi jurisdictional. The Police Department recommended approval of this resolution. (25.) Resolution No. 2003-R0006 accepting Primary Street Maintenance Improvements constructed by Lone Star Dirt & Paving, Inc., under the 2002 Primary Streets Maintenance Program. RESOLUTION NO.2003-R0006 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, The City of Lubbock awarded a contract February 28, 2002, authorizing the construction of primary street maintenance improvements by Lone Star Dirt and 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 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 $76,896.29. SECTION 2. THAT this Resolution shall take effect in force from and after its passage. 19 Regular City Council Meeting January 9, 2003 Page 20 Passed by the City Council this 9th day of January, 2003. ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR This item is a routine acceptance of the 2002 Primary Streets Maintenance Program, which consisted of various types of patching, widening, and two -course surface treatment on all streets listed in the acceptance resolution. The contract amount was $857,176.24. Final contract price is $874,094.70. Patching work for other departments accounted for $11,781.50, which came from their accounts. Final payment due the contractor upon acceptance is $76,896.29. Adequate funds are available in the Permanent Street Maintenance Fund for this payment. The Street Department recommended the approval of this routine acceptance and the release of the final $76,896.29 of the contract to the contractor. (26.) Consider the price and conditions of sale of Parcel 33500-18-100 at 216 Avenue L, legally described as Lot 10, Block 18, Guadalupe Addition in the Guadalupe Area. This is a routine sale of a vacant lot by the Urban Renewal Agency to Michael L. Seal for $400. The property is to be developed with a new 1,600 square foot single-family residence valued at $89,950. The lot is properly zoned for residential development. The Urban Renewal Board of Commissioners approved the proposed sale on December 17, 2002. The Community Development staff recommended approval of this resolution. (27.) Resolution No. 2003-R00071BID #088-02BM—for Water Treatment Chemicals — Annual Pricing (Water Production and Treatment). RESOLUTION NO.2003-R0007 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for water treatment chemicals with Sweetwater Technologies of Columbia, Tennessee and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 20 Regular City Council Meeting January 9, 2003 Page 21 Passed by the City Council this 9th day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney This bid establishes annual pricing for the purchase of water treatment chemicals. These chemicals are used at various points and times in the drinking water treatment process. The Texas Commission of Environmental Quality regulates the process of coagulation. These chemicals are required to ensure compliance with these regulations. Four bids were received and evaluated. The low bidder was requested to perform a plant run of their chemicals, which met all City of Lubbock requirements. Low bid meeting all specifications and passing the plant run is $79,294.40 per year from Sweetwater Technologies of Columbia, Tennessee and is within the Water Treatment Chemical Supplies budget. (28.) Resolution No. 2003-R BID #206-02/RS—for Aerial Lift Trucks (Fleet Services). This item was moved from consent agenda to regular agenda and was considered following Item 21. This bid is for the purchase of aerial lift trucks to replace bucket trucks and hydraulic derricks for LP&L. The equipment replacement will help decrease the maintenance costs that are involved in maintaining older equipment and will enable employees to perform their daily function in a safer manner. Item #1 of this bid is for three 47-foot hydraulic derricks with a utility body mounted on a 37,000 pound GVWR cab and chassis. Item #2 is for two hydraulic over center 47-foot material handler insulated aerial buckets installed on a 28,000 pound GV WR cab and chassis. The low bid for these items is Commercial Body Corporation of San Antonio, Texas. The bid specification requires that the successful bidder provide maintenance personnel on site within 24 hours of call. The City of Lubbock has had extensive problems with Commercial Body Corporation complying with these terms and conditions. In most cases, they have not been on site after the 24-hour notification for required servicing of a vehicle for a period exceeding 30 days. In one instance, staff has a Commercial Body unit with defects that have never been repaired. In another case, staff had Altec Industries of St. Joseph, Missouri provide the service repairs on a Commercial Body unit in order for the unit to be put back in service. This delay in having maintenance personnel on site is causing extensive lost and/or nonproductive time for our personnel. LP&L Overhead and Underground Distribution no longer has any spare units to use if a unit goes down and requires servicing. The employees are sent to other crews and the job they are working on is shut down. 21 Regular City Council Meeting January 9, 2003 Page 22 The following costs are given to show average dollar values associated with this lost and/or non -productive time for our employees: Four (4) man crew: $144.00/hour (wages & benefits) Per Day Costs: $1,152.00/day (wages & benefits) Per Week Costs: $5,760.00/wk (wages & benefits) Per Month Costs: $115,200/mo (wages & benefits) Local Government Code Chapter 252.043(a), Award of Contract states, "If the competitive sealed bidding requirement applies to the contract for goods or services, the contract must be awarded to the lowest responsible bidder or to the bidder who provides goods or service at the best value for the municipality." Chapter 252.043(b) states, "In determining the best value for the municipality, the municipality may consider... (7) the long- term cost to the municipality to acquire the bidder's goods or services." Based on historical records for service performance from Commercial Body Corporation, LP&L proposes that they do not meet specifications as documented above. Staff recommended that City Council award the bids for Items #1 and #2 to Altec Industries of St. Joseph, Missouri. The bid amount from Altec Industries for these two items is $688,975 and is within the Electric Facilities and Systems Improvements Capital Project budget. The low bid meeting specifications for Item #3 is $134,866 from Altec Industries of St. Joseph, Missouri and is within the Electric Facilities and Systems Improvements Capital Project budget. Victor Kilman, Purchasing Manager, and Randy Ervine, Fleet Services, gave staff comments. After discussion, Mayor Pro Tern Hernandez asked if there was a motion on Item 28. This item died for lack of a motion. City Manager Bob Cass asked for direction from Council. He stated the equipment was needed. Should we re -bid this item or bring it back before a full council? Council Member Martin suggested that an explanation of the issues be brought back to Council. Council Member Morrison also requested the information. Motion was made by Council Member Martin, seconded by Council Member Boren to table Item 18 until the January 23`d Council meeting. Motion carried: 4 Yeas, 0 Nays. Council Member Boren left the dais. 9:32 A.M. CITY COUNCIL RECESSED AS IT DID NOT HAVE A QUORUM 9:43 A.M. CITY COUNCIL REGULAR MEETING RECONVENED Council Member Boren returned to the dais. (29.) Resolution No. 2003-R00121BID 4232-02/RS—for Center Pivot Systems at the Land Application Site (Land Application Site). This item was moved from consent agenda to regular agenda and was considered following Item 28. RESOLUTION NO.2003-R0012 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the center pivot systems at the land application site, by and between the City of Lubbock and Mesa Irrigation Company of Wilson, 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. 22 Regular City Council Meeting January 9, 2003 Page 23 Passed by the City Council this 9th day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney This bid is for the purchase of five center pivot irrigation systems for the Land Application Site. This equipment will replace systems that are over 20 years old. The low bid is $175,730 from Mesa Irrigation of Wilson, Texas and will be financed over five years. Financing will be bid separately. The bid amount is within the Land Application Rent -Lease Machinery Equipment budget. Victor Kilman, Purchasing Manager and Brad Welch, Assistant Farm Manager, gave staff comments. Four of the systems will be at Wilson and one at Lubbock. Motion was made by Council Member Morrison, seconded by Council Member Boren to pass Resolution No. 2002-R0012 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. The next item considered was Item 31. (30.) Resolution No. 2003-110008/13I1) #252-02/DC—for Underwater Inspection and Cleaning of Potable Water Storage Facilities —Annual Pricing (Water Production & Treatment). RESOLUTION NO.2003-R0008 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for underwater inspection and cleaning of potable water storage facilities, by and between the City of Lubbock and MB Western Industrial Contracting Company of Pasadena, Texas and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 23 Regular City Council Meeting January 9, 2003 Page 24 Passed by the City Council this 9th day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney This bid establishes annual pricing for underwater inspection and cleaning of potable water storage facilities. The Texas Commission on Environmental Quality requires annual inspections of potable water storage facilities. This bid will allow for facilities to be inspected and cleaned without interruption of normal operation. The low bid is $143,600 from MB Western Industrial Contracting Company of Pasadena, Texas and is within the Water Production & Treatment Department's operating and capital budget maintenance accounts. (31.) Resolution No. 2003-110013/13I1) #260-02/RS—for 2003 Primary Streets Maintenance Program (Streets). This item was moved from consent agenda to regular agenda and was considered following Item 29. RESOLUTION NO.2003-R0013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the 2003 Primary Streets Maintenance Program, by and between the City of Lubbock and Lone Star Dirt and Paving Contracting of Lubbock, Texas and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 24 Regular City Council Meeting January 9, 2003 Page 25 Passed by the City Council this 9th day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney This project involves patching and two -course seal coating on selected streets throughout the city. The patching items will be used to replace failed areas on the selected streets or to install new valley gutters to smooth some dip areas. The patching can start in February 2003 on the streets to be sealed and the seal coating can start on May 15, 2003 and will be completed by August 15, 2003. The low bid is $910,320.20 from Lone Star Dirt & Paving Contracting of Lubbock, Texas and is within the Permanent Street Maintenance Fund budget. Council Member Martin asked the difference between Primary Streets and Secondary Streets. Richard Burdine, Assistant City Manager, explained that Primary Streets are major thoroughfares and Secondary Streets are non -thoroughfare (residential, etc.). Motion was made by Council Member Boren, seconded by Council Member Morrison to pass Resolution No. 2002-R0013 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. The next item considered was Item 33. (32.) Resolution No. 2003-110009/13I1) #261-02/RS—for 2003 Secondary Streets Maintenance Program (Streets). RESOLUTION NO. 2003-R0009 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the 2003 Secondary Streets Maintenance Program, by and between the City of Lubbock and Lone Star Dirt and Paving Contracting of Lubbock, Texas and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 25 Regular City Council Meeting January 9, 2003 Page 26 Passed by the City Council this 9th day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney This project involves patching, single course and two course seal coating on selected streets throughout the city. The purpose for this contract is to seal coat selected streets, either a single course (preventative maintenance) or a two course (rehabilitative maintenance). The various patching items will be used to replace failed areas on the selected streets or to install new valley gutters to smooth some dip areas. The patching can start in February 2003, on the streets to be sealed and the seal coating can start on May 15, 2003 and will be completed by September 15, 2003. The low bid is $616,758.30 from Lone Star Dirt & Paving Contracting of Lubbock, Texas and is within the Permanent Street Maintenance Fund budget. Council Member Martin asked the difference between Primary Streets and Secondary Streets. Richard Burdine, Assistant City Manager, explained that Primary Streets are major thoroughfares and Secondary Streets are non -thoroughfare (residential, etc.). Staff recommended award of each bid to the bidder as indicated on the tab sheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. The next item considered was Item 18. ADMINISTRATIVE SERVICES Human Resources (33.) Resolution No. 2003-R0014 authorizing the Mayor to execute purchase of terrorism coverage for the existing airport/non-owned aircraft liability coverage from ACE USA Insurance Company. This item was considered following Item 31. RESOLUTION NO. 2003-R0014 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 purchase terrorism coverage for and on behalf of the City of Lubbock, to be added to the existing airport/non-owned aircraft liability coverage, by and between the City of Lubbock and ACE USA, and related documents. 26 Regular City Council Meeting January 9, 2003 Page 27 Passed by the City Council this 9th day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mary House Mary House, Director of Human Resources APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney Following is a general description of the Terrorism Risk Insurance Act of 2002. While the amounts involved in items 33 and 34 are not particularly large ($21,175 for airport liability, $1,581 for non -owned aircraft liability, and $17,358.65 for property coverage), staff anticipates that the full amount of funding for all policies (once staff have been notified by the insurance carriers) could run approximately $125,000. With that in mind, staff wanted to provide Council with background on the legislation and recommended that Council enact a budget amendment that will authorize the execution of future documents once staff receives them from the other insurance companies. On November 26, 2002, the President signed into law the Terrorism Risk Insurance Act of 2002 (HR3210). The Act establishes a program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of future terrorist attacks. The Act applies when the Secretary of Treasury certifies that an event meets the definition of an act of terrorism. The Act provides that in order to be certified, an act of terrorism must cause aggregate property and casualty losses of at least $5,000,000 and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. Not covered under the Terrorism coverage would be acts committed as part of the course of a war declared by Congress, property and casualty losses that do not exceed $5,000,000 in the aggregate or any other occurrence not defined above as an act of terrorism. The Act was written with very specific time limitations. Within 90 days of the date that the Act is signed into law, the insurance companies must notify their insured, in writing, that any terrorism exclusion in their existing policy has become null and void and they must advise them of the increased premium charge for the coverage. The companies must allow no less than 30 days from the date of the notice for insured to pay the premium increase prior to reinstating the exclusion for terrorism coverage. There are currently fourteen policies in place to cover the City's property and casualty insurance needs. Four insurance companies have notified the City. One has no change. Staff requests that Council act on the three companies that have notified the City of premium increases and have payment deadlines of January 30 and February 1, 2003. The City of Lubbock purchased airport/non-owned aircraft liability insurance from ACE USA on a separate coverage form for operations at Lubbock International Airport effective October 1, 2002. Current year's total cost is $68,531.35 for $50,000,000 in primary coverage and 27 Regular City Council Meeting January 9, 2003 Page 28 $50,000,000 excess coverage with no deductible. Because of the events of September 11, 2001, the insurer did not offer Acts of Terrorism coverage. The purchase of terrorism insurance coverage from ACE USA would result in a policy premium increase of $21,175 for airport liability and $1,581.35 for non -owned aircraft liability. Staff recommended purchasing terrorism coverage insurance from ACE USA for a policy premium increase of $21,175 for airport liability and $1,581.35 for non -owned aircraft liability and authorize up to $125,000 transfer from the Risk Fund balance if needed for the purchase of other insurance under the mandated time frames. Mayor Pro Tem Hernandez entertained a motion to hear Items 33 and 34 together. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass Resolution Nos. 2003-R0014 and R0015. Motion carried: 4 Yeas, 0 Nays. (34.) Resolution No. 2003-R0015 authorizing the Mayor to execute purchase of terrorism coverage for the existing excess property coverage from Commonwealth Insurance Company and Royal Indemnity Company. RESOLUTION NO.2003-R0015 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 purchase terrorism coverage for and on behalf of the City of Lubbock, to be added to the existing property coverage, by and between the City of Lubbock and Common Wealth Insurance Company and Royal Indemnity Insurance Company, and related documents. Passed by the City Council this 9th day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza by Tommy Combs Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mary House Mary House, Director of Human Resources APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney The City of Lubbock purchases property insurance from four carriers to provide $300,000,000 in coverage on its buildings and contents effective October 1, 2002. Current year's total cost for all property policies is $613,325: (1) Corgeis — $20,000,000 in primary coverage (provides terrorism coverage), (2) Underwriter at Lloyds — $20,000,000 for the second layer (50% quota share — explained below), (3) Commonwealth Insurance Company — $20,000,000 for second layer (50% quota share — explained below), (4) Royal Indemnity Company — $260,000,000 for third layer. 28 Regular City Council Meeting January 9, 2003 Page 29 The policies are subject to one $250,000 deductible per occurrence. The primary carrier is Coregis, who did not exclude terrorism coverage on their policy and has notified the City that there will be no premium change. However, because of the events of September 11, 2001, the two additional layers of insurers did not offer Acts of Terrorism coverage. Commonwealth Insurance Company and Underwriter at Lloyds share the second $20,000,000, called quota share. The City has received notification from Commonwealth Insurance, but not from Underwriter Lloyds. Indicators from the broker are that the cost on the Underwriter at Lloyds policy will be at least $26,000 in additional premium In order to purchase the Commonwealth coverage, the City will be required to purchase the Underwriter at Lloyds' coverage. The purchase of terrorism coverage from Commonwealth Insurance Company and Royal Indemnity Insurance would result in a total increase of $17,358.65. Staff recommended purchasing terrorism coverage from Commonwealth Insurance Company for a policy premium increase of $6,670,65 and Royal Indemnity Insurance for a policy premium increase of $10,688, for a total of $17,358.65. Mayor Pro Tern Hernandez entertained a motion to hear Items 33 and 34 together. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass Resolution Nos. 2003-R0014 and R0015. Motion carried: 4 Yeas, 0 Nays. (35.) Ordinance No. 2003-00001 authorizing the Mayor to make changes to the City of Lubbock FY 2002-03 Operating Budget (first reading). ORDINANCE NO.2003-00001 AN ORDINANCE MAKING CHANGES IN THE FY 2002-03 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. Given the rather inflexible time constraints imposed by the Terrorism Risk Insurance Act of 2002, staff recommended that Council consider a budget transfer of $125,000 (from undesignated funds in the insurance reserve) to enable the purchase of coverage once staff have been notified by the relevant insurance companies. Mayor Pro Tern Hernandez asked direction from Council as to whether or not Council wanted them to be brought back individually, even though they are below Mr. Cass' authority. Council Member Martin suggested that they each be brought back for review and requested a recap of the projected cost savings as these are not local insurance agents. City Manager Bob Cass said staff plans to have a work session and wanted to visit with Mary House, Director of Human Resources, about an actuary study as well. Ms. House agreed to this. Staff recommended approval of this ordinance. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-0001 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. The next item considered was Item 19. DEVELOPMENT SERVICES Right -of -Way (36.) Ordinance No. 2003-00002 abandoning and closing a portion of two 20-foot alleys located in Blocks 130 and 131, Overton Addition, and a portion of 71h Street between University Avenue and Avenue X in the Overton Addition to the City of Lubbock (710 University) (first reading). 29 Regular City Council Meeting January 9, 2003 Page 3 0 ORDINANCE NO.2003-00002 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF TWO 20 FOOT ALLEYS LOCATED IN BLOCKS 130 AND 131, OVERTON ADDITION AND A PORTION OF 7TH STREET BETWEEN AVENUE X AND UNIVERSITY AVENUE IN THE OVERTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The two alleys and the one street portion in the Overton Addition are being closed as part of the McDougal North Overton redevelopment project. The two blocks that include the alley and street closures are being replatted into Tract A and Tract B, Overton Park Addition. Since McDougal was not the original dedicator of this street and alley areas being closed, there will be a charge for them. Total alley area and street area being closed is 60,000 square feet. According to the zoning map and the present development in this location, 25% of the block along University Avenue is zoned C-3 and the remaining 75% towards Avenue X is zoned residential variety. The Right -of -Way Department has come up with a value of $2.25 for the commercial and a value of $0.16 for the residential. This equates to 25% X 60,000 square feet = 15,000 square feet X $2.25 = $33,750 for the commercial street and alley area and 75% X 60,000 square feet = 45,000 square feet X $0.16 = $7,200 for the residential street and alley area for a total of $40,950. In the replat, additional street area for 6th Street and for 8th Street will be dedicated containing 15,747.34 square feet and a 30-foot underground utility easement containing 17,610 square feet will be dedicated to the public and will be valued as a credit. Using the same 25% and 75% values of $2.25 and $0.16 respectively, a credit will be given of $10,747.55 for the street areas and $1,408.80 for the utility easement dedication for a total credit of $12,156.35. Therefore, $40,950 minus $12,156.35 = $28,793.65 due the City. The Right -of -Way Department recommended approval of first reading of this ordinance. Motion was made by Council Member Morrison, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00002 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Water Utilities (37.) Resolution No. 2003-R0017 adopting the user fee system for Lake Alan Henry, the Sam Wahl Recreation Area, and the LAH Wildlife Mitigation Area. RESOLUTION NO.2003-R0017 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby adopts and approves the user fee system for Lake Alan Henry and the Sam Wahl Recreation Area, attached hereto as Exhibit "A". 30 Regular City Council Meeting January 9, 2003 Page 31 Passed by the City Council this 9th day of January 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook Director of Public Works APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner Natural Resources Attorney A copy of Exhibit "A" is filed with Resolution No. 2003-R0017. At the December 12, 2002 City Council work session, the Lake Alan Henry Working Group presented its recommendation for the referenced user fee system, which is shown in Exhibit "A" to the resolution given in council back-up. The reasons for changing from the current fee structure are fourfold: 1. Provide discounts for City of Lubbock residents who already pay the debt service on LAH through water rates; 2. Charge per vehicle/boat rather than an individual entry fee, which is more attractive to large families that visit the Lake and more efficient to collect, reducing customer wait time at the gatehouse; 3. Implement higher fees on weekends than weekdays so that users pay for the additional resources required on weekends. Also, higher weekend fees may have result in some weekend users shifting to weekdays; 4. Generate the revenue needed to make substantial improvements to the Sam Wahl Recreation Area and to provide the operational resources needed to make it attractive to Lubbock families. Staff recommended approval of the proposed resolution. In the past, the Director of Water Utilities (now Public Works) was authorized to increase the fees without City Council action. The resolution has some blanks the Council will need to direct staff to fill in, setting the annual percentage increase the Director of Public Works may grant without City Council action. Mayor Pro Tern Hernandez directed the Public Information Office to make the user fees available to the public via a press release. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass Resolution No. 2002-R0017 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. (38.) Resolution No. 2003-R0018 adopting the Legislative Priorities for the 1081h United States Congressional Session. 31 Regular City Council Meeting January 9, 2003 Page 32 RESOLUTION NO. 2004-R0018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby adopts legislative priorities for the 1081h United States Congress for the purpose of defining the position of the City of Lubbock. Said Legislative priorities are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of City Council. Passed by the City Council this 9th day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tony Privett Tony Privett Director of Communications and Legislation APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney Federal Legislative priorities for the 108th Congress will be discussed and prioritized by the Lubbock City Council at the January 8, 2003 Council meeting. Tony Privett, Director of Communications and Legislation, presented a list of legislative priorities and gave staff comments. Don Vandiver, First Assistant City Attorney, spoke to Council as a citizen. He stated that he had collected military firearms and sidearms for over forty years. He had written the prior Council after thinking about a military small arms museum to build some synergy for the Silent Wings Museum and the Texas Tech Library and Vietnam Library. He met with Mayor Sitton, Mayor Pro Tern Cooke and other council members. Mr. Vandiver also spoke with the Airport Director, who indicated space south of the Silent Wings Museum would be appropriate space for this. Mr. Vandiver proposed to provide exhibits, run the museum, hire employees and the City of Lubbock will provide the building. The gate will be split fifty/fifty once it is opened. Mayor Pro Tern Hernandez asked if Mr. Vandiver was requesting that a third bullet be added under Museums Funding for a small arms museum? Mr. Vandiver stated that was correct. Council Member Boren asked that a third bullet be added to the Museum Funding category. He also directed City Manager Cass to work with Mr. Vandiver to help set up this museum. Council Member Martin stated he thought top priority should be given to roads, streets and transportation projects. Council Member Morrison stated he felt these all were appropriate issues to be pursuing, but did not feel he could at this time prioritize these items. Mayor Pro Tem Hernandez and Council Member Boren agreed. Council discussed matters and asked items to be amended. A copy of the amended items is attached to Resolution No. 2002-R0018. 32 Regular City Council Meeting January 9, 2003 Page 33 Staff recommended approval of this resolution. After discussion, motion was made by Council Member Boren, seconded by Council Member Morrison to pass Resolution No. 2002-R0018 as amended. Motion carried: 4 Yeas, 0 Nays. (39.) Resolution No. 2003-R0019 authorizing the Mayor to sign and to encourage all West Texas City and County governments' support for regional legislative cooperation. RESOLUTION NO.2003-R0019 WHEREAS: West Texans have traditionally valued regional cooperation and exemplify the spirit of friendship, of goodwill, and of being a good neighbor in their commitment to our region; and, WHEREAS: Common West Texas interests such as agriculture, cattle, oil and gas, transportation, education, economic development, and protecting and conserving precious water resources bind together our region and join us together in an advocacy for our many common goals; and, WHEREAS: The loss of political strength on the State and Federal level creates concern and the need to reaffirm our solidarity on common goals and issues that face all cities, towns, and communities across West Texas; and, WHEREAS: With the Texas Legislative Session now underway and with an increasing need to have a strong voice in Washington, D. C. regarding issues that will affect the future of West Texas, regional solidarity and cooperation are of paramount importance, NOW, Therefore, we the City of Lubbock, Texas do hereby express our intention to support those efforts that foster regional cooperation and we encourage other City Councils and County Commissions to join us in collectively seeking regional solutions to issues that affect the interests of West Texas. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby adopts this resolution supporting regional cooperation in all legislative matters. Passed by the City Council this 9th day of January, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tony Privett Tony Privett Director of Communications and Legislation APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney Mayor Marc McDougal has made regional legislative cooperation a priority with both state and federal issues. He has met with numerous area Mayors and Council members, and has pledged to work with each City to seek common ground with legislative issues. The Mayor asked that Council consider this resolution. If passed, he plans to encourage all area City and County governments to consider passing it. 33 Regular City Council Meeting January 9, 2003 Page 34 Tony Privett, Director of Communications and Legislation, gave staff comments. Staff recommended approval of this resolution Motion was made by Council Member Morrison, seconded by Council Member Boren to pass Resolution No. 2002-R0019 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. The next item considered was Item 1. EXECUTIVE SESSION Mayor Pro Tern Hernandez 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; Assistant City Managers; Managing Directors); to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency (Electric Utilities); pending or contemplated litigation (Business and Neighborhood Development; City Manager/Gas Utility; Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Cemetery Department; Parks Department; Water Utilities). 10:43 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All Council Members were present except Mayor McDougal and Council Members Cooke and Patterson. ( 1.) 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; Assistant City Managers; Managing Directors). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency. (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Business and Neighborhood Development; City Manager/Gas Utility; Police Department; Water Utilities). (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Community Development & Services Board Community Relations Commission Libraries Board Youth Commission —Students (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Cemetery Department; Parks Department; Water Utilities). 34 Regular City Council Meeting January 9, 2003 Page 35 3:00 P. M. EXECUTIVE SESSION RECESSED 3:04 P. M. COUNCIL ADJOURNED There being no further business to come before Council, upon Council Member Boren making motion to adjourn, Council Member Martin adjourned the meeting. Read and approved this .1 �-* day of OAbLK , 2005. UGAL, MAYOR ATTEST: Rebecca Garza, City Secretary 35