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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/13/2003CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING FEBRUARY 13, 2003 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 13th day of February, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:35 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T.J. Patterson Absent: Council Member Cooke CITIZEN COMMENTS Three citizens expressed comments to the Council. They were: 0.) Arthur Evans and Catherine Evans appeared to request a street -use license for the use of a City street for a wood and brick fence encroachment (4622 71h Street). Dr. and Mrs. Evans own the residential property at the northeast corner of 7th Street and Toledo Avenue in the Rushland Park Addition. The east side of Toledo Avenue contains a 9-foot wide parkway and the Evans desire to erect a wood and brick security fence 2.5 feet west of their property line in the right-of-way of Toledo Avenue. This fence will be 2 feet in width and 165 feet in length for a total area occupied of 330 square feet. This fence will be built on top of an existing landscaping brick border to avoid several existing trees on their property line. As a matter of policy, staff does not recommend granting street use licenses in residential areas. Staff recommended a Council finding that this is a unique situation setting no precedent. Council directed staff to bring back a policy on encroachments with an action item on it. (2.) Ruth Sheetrit, President of Sheetrit Media Group, the Public Relations agency for ALON, will present a concept for a community art project in Lubbock for promotion of payments at gas stations using cellular phones. Ms. Sheetrit was not present. This item was deleted. (3.) Diane Harland spoke concerning paving assessments, which was addressed as Item 51 on this agenda. She wanted to thank the Council for agreeing to again look at the changes voted in at the second reading on this matter. (4.) Joe Anderson spoke to Council referencing a claim he had filed with the City. Council directed staff to look into this matter. EXECUTIVE SESSION Mayor McDougal stated the Council would hold an executive session today for the purpose of consulting with the City staff with respect to personnel, competitive matters of the public power utility, pending or contemplated litigation, and to deliberate the purchase, exchange, lease, or value of real property as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meeting Law. 8:02 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION All Council Members were present except Council Member Cooke. City Council/City Manager's Conference Room Regular City Council Minutes February 13, 2003 Page 114 (3•) 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). (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding operation, financial and capital statements and budgets, revenue and expense projections, strategic and business plans and studies 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; to discuss and deliberate a competitive matter regarding operation and purchasing procedures of Lubbock Power and Light; to deliberate, vote and take final action on a competitive matter regarding wholesale energy enabling agreements between the City of Lubbock and Golden Spread Electric Cooperative, Inc. and ConocoPhillips, Inc. (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Fire Department; Planning Department; Water Utilities; Zoning Board of Adjustment). (6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Community Relations Commission Libraries Board Youth Commission —Students (7.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Water Utilities). A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 Work Session was deleted. ( 7A.) Receive report on the audit of the West Texas Municipal Power Agency. This item was deleted. 9:42 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Council Members Boren and Cooke Mayor McDougal called the meeting to order at 9:42 A.M. (8.) Invocation by Father James Haney, Senior Pastor, St. Christopher's Episcopal Church 114 Regular City Council Minutes February 13, 2003 Page 115 ( Page Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. 9:50 A.M. Council Member Boren arrived. CITIZEN APPEARANCES (10.) Presentation of Government Finance Officers Association (GFOA) Distinguished Budget Award Presentation for the 2001-02 City of Lubbock Budget Document. The Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award is the one of the highest forms of recognition by the organization. The award reflects the commitment of the governing body and staff to meet the highest principles of governmental budgeting. In order to receive the budget award, the City of Lubbock had to satisfy nationally recognized guidelines for effective budget presentation. Budget documents must be rated "proficient" in all four of the following categories to receive the award: ♦ A policy document ♦ A financial plan ♦ An operations guide; and ♦ A communication device The award is valid for a period of one year and must be applied for during each fiscal year. With receipt of this award, it will be the eighteenth year the City of Lubbock Budget and Research Department has received this award. Cynthia Alexander, Finance Director for the City of LaPorte, presented GFOA's Distinguished Budget Presentation Award to the City of Lubbock for its 2001-02 budget. Representatives of the Budget and Research Department accepting this award were Melissa Trevino, Irma Martinez, Randall Brown, Shelley Goodnight, Josh Selleck and Scott Bollin. (11.) Presentation of a Special Recognition to designate February 16-22, 2003 as Engineers Week and to recognize the contributions of engineers across the South Plains in regards to the safety, health, and welfare of the public. President Bush has proclaimed the week of February 16-22, 2003 as National Engineers Week in the United States. Founded in 1951 by the National Society of Professional Engineers and sponsored by more than 100 engineering, scientific, and education societies and major corporations, National Engineers Week is dedicated to increasing public awareness and appreciation of engineers and to encouraging pre -college interest in science, technology, and engineering. National Engineers Week is celebrated annually by thousands of engineers, engineering students, teachers, and leaders in government and business. A Special Recognition was presented to the South Plains Chapter of the National Society of Professional Engineers to recognize February 16-22 as Engineers Week. Greg Horne and John Hamilton with Parkhill, Smith and Cooper, Stacey Young with the Texas Department of Transportation, and Marcus Borhani with X-Fab were in attendance to accept the Special Recognition. CONSENT AGENDA (Nos. 12-24, 26-27, 29-37) Motion was made by Council Member Morrison, seconded by Council Member Patterson to approve Items 12-24, 26-27, 29-37) on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (12.) Approval of the minutes of the Regular City Council Meeting of January 23, 2003 115 Regular City Council Minutes February 13, 2003 Page 116 (13.) ORDINANCE #2003-00018—Abandoning and closing a portion of 2"d Place lying south of and adjacent to Lot 1-A Kimbell Addition, a portion of 3rd Street lying south of and adjacent to Blocks 2 & 3, Liff Sanders Addition, a portion of Avenue G lying east of and adjacent to Lots 12-14, Block 1 and Lots 8-14, Block 2, Liff Sanders Addition, a portion of Avenue F lying east of and adjacent to Block 3, Liff Sanders Addition, the 20-foot alley lying east of and adjacent to Lots 1-3, Block 1, Liff Sanders Addition, the 20-foot alley lying east of and adjacent to Lots 1-7, Block 2, Liff Sanders Addition, and the 20-foot alley lying south of and adjacent to Lots 1-6, Block 3, Liff Sanders Addition to the City of Lubbock (220 Avenue G) (second and final reading. ORDINANCE NO.2003-00018 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20 FOOT ALLEY LOCATED IN BLOCK 132, OVERTON ADDITION AND A PORTION OF 5Tx 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. This ordinance was read as a routine consent agenda item at the February 28, 2002 City Council meeting. The Right -of -Way Department recommended the second reading of this ordinance. (14.) ORDINANCE #2003-00003—Abandoning and closing a temporary 30-foot drainage easement located in Section 36, Block A-K, Lubbock County, Texas (6201 Spur 327) (second and final reading). ORDINANCE NO.2003-00003 AN ORDINANCE ABANDONING AND CLOSING A TEMPORARY DRAINAGE EASEMENT LOCATED IN SECTION 36, BLOCK A-K, 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 PUBLICATON. (15.) ORDINANCE #2003-00004—ZONE CASE NO. 2124-B (southwest corner of 82°d Street and Avenue U): Request of Craig Wallace Construction for Steve Halpain for a zoning change from GO to A-1 for quadruplexes on an unplatted 0.96-acre tract of land out of Section 9, Block E (second and final reading). ORDINANCE NO. 2002-00004 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2124-B; A ZONING CHANGE FROM GO TO A-1 ZONING ON AN UNPLATTED 0.96-ACRE TRACT OF LAND OUT OF SECTION 9, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) ORDINANCE #2003-00005—ZONE CASE NO. 2118-W (82"d Street east of Slide Road): Request of Coldwell Banker Commercial for Sheridan's Lubbock Inc. for a zoning change from C-2 to C-4 limited to a drive -through restaurant and all permitted C-2 uses on an unplatted 0.87-acre tract of land out of Section 15, Block E-2 (second and final reading). 116 Regular City Council Minutes February 13, 2003 Page 117 ORDINANCE NO. 2003-00005 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2118-W; A ZONING CHANGE FROM C-2 TO C-4 ZONING LIMITED TO DRIVE -THROUGH RESTAURANT AND ALL PERMITTED C-2 USES, ON AN UNPLATTED 0.87-ACRE TRACT OF LAND OUT OF SECTION 15, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (17.) ORDINANCE #2003-00006—ZONE CASE NO. 2957 (south of 1081n Street and east of Indiana Avenue): Request of Rollo Gurss for Gurss Properties for a zoning change from T to R-1 Specific Use for garden homes and R-2 Specific Use for duplexes, both with 15-foot front setback, 5-foot front setback on cul-de-sac lots with a minimum 20- foot front setback for garages, and a 5-foot side setback for lots adjacent to a street on an unplatted 21.92-acres tract of land out of Section 19, Block E-2 (second and final reading). ORDINANCE NO. 2003-00006 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2957; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR GARDEN HOMES AND R-2 SPECIFIC USE FOR DUPLEXES, ON AN UNPLATTED 21.92-ACRE TRACT OF LAND OUT OF SECTION 19, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (18.) ORDINANCE #2003-00007—ZONE CASE NO. 2437-F (north of 82"d Street and east of Huron Avenue): Request of Coldwell Banker Commercial for Steve Cox for a zoning change from A-2 to C-2 Specific Use for a shopping center on an unplatted 1.13-acres tract of land out of Section 29, Block AK (second and final reading). ORDINANCE NO. 2003-00007 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2437-F; A ZONING CHANGE FROM A-2 TO C-2 SPECIFIC USE FOR A SHOPPING CENTER ON AN UNPLATTED 1.13-ACRE TRACT OF LAND OUT OF SECTION 29, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (19.) ORDINANCE #2003-00008—ZONE CASE NO. 2959 (west of Milwaukee Avenue around 9th Street): Request of Hugo Reed and Associates for Dub Mantooth for a zoning change from R-1 to R-1 Specific Use for garden homes and R-2 Specific Use for duplexes, both with 15-foot front setbacks, 5-foot front setback on cul-de-sac lots with a minimum of 20-foot front setback for garages and 5-foot side setback on side yards adjacent to a street on an unplatted 11.5-acres tract of land out of Section 10, Block JS (second and final reading). ORDINANCE NO. 2003-00008 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2959; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR GARDEN HOMES AND R-2 SPECIFIC USE FOR DUPLEXES, ON AN UNPLATTED 11.5-ACRE TRACT OF LAND OUT OF SECTION 10, BLOCK JS, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 117 Regular City Council Minutes February 13, 2003 Page 118 (20.) ORDINANCE #2003-00009—ZONE CASE NO. 2936-A (west of Quaker Avenue and north of 112th Street): Request of Henry L. Huneke for H.A. Sessions for a zoning change from GO to R-1 Specific Use for garden homes with 5-foot front setback on cul-de-sac lots with a minimum 20-foot front setback for garages and 5-foot side setback on the side yards adjacent to a side street on an unplatted 9.52-acres tract of land out of Section 16, Block E-2 (second and final reading). ORDINANCE NO.2003-00009 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2936-A; A ZONING CHANGE FROM GO TO R-1 SPECIFIC USE FOR GARDEN HOMES ON AN UNPLATTED 9.52-ACRE TRACT OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (21.) ORDINANCE #2003-00010—ZONE CASE NO. 2555-A (north of 106th Street and west of Quaker Avenue): Request of Hugo Reed and Associates for Lubbock Legacy Homes for a zoning change from A-2 limited to a church and T to R-2 Specific Use for duplexes with 15- foot front setback on standard lots and a 5-foot setback on cul-de-sac lots with a minimum 20-foot front setback for garages and 5-foot side setback on side yards adjacent to a street on 1.6-acres and 7.8-acres tracts of land out of Section 16, Block E-2 (second and final reading). ORDINANCE NO. 2003-00010 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2555-A; A ZONING CHANGE FROM A-2 LIMITED TO A CHURCH AND T TO R-2 SPECIFIC USE FOR DUPLEXES ON 1.6-ACRE AND 7.8-ACRE TRACTS OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (22.) ORDINANCE #2003-00011—ZONE CASE NO. 2706-A (northeast corner of Loop 289 and Avenue P): Request of Bill Cox for MFHL Corporation for a zoning change from A-1, C-2A, C-4, and C-4 Specific Use to AM on an unplatted 4.29-acres tract of land for a living and learning center and to IHC on an unplatted 7.76-acres tract of land out of Section 5, Block E (second and final reading). ORDINANCE NO. 2003-00011 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2706-A; A ZONING CHANGE FROM A-1, C-2A, C-4 and C-4 SPECIFIC USE TO AM ZONING ON AN UNPLATTED 4.29-ACRE TRACT OF LAND AND TO IHC ZONING ON AN UNPLATTED 7.76-ACRE TRACT OF LAND OUT OF SECTION 5, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (23.) ORDINANCE #2003-00012—ZONE CASE NO. 2958 (south of 82nd Street and east of Avenue U): Request of the Texas Tech Foundation for zoning change from T to A-1 for apartments on an unplatted 20.92-acres tract of land out of Section 9, Block E (second and final reading). 118 Regular City Council Minutes February 13, 2003 Page 119 ORDINANCE NO. 2003-00012 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2958; A ZONING CHANGE FROM T TO A-1 FOR APARTMENTS ON AN UNPLATTED 20.92-ACRE TRACT OF LAND OUT OF SECTION 9, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (24.) ORDINANCE #2003-00015—Amending Chapter 14, Article XII of the Lubbock Code of Ordinances, entitled "False Alarms" (second and final reading). ORDINANCE NO. 2003-00015 AN ORDINANCE AMENDING CHAPTER 14, ARTICLE XII OF THE CITY OF LUBBOCK CODE OF ORDINANCES, ENTITLED "FALSE ALARMS," BY EXPANDING THE SCOPE OF ARTICLE XII TO INCLUDE DURESS ALARMS AND PANIC ALARMS; LIMITING THE TIME PERIOD IN WHICH A PERSON SHALL BE REQUIRED TO OBTAIN A PERMIT AS A RESULT OF FALSE ALARM NOTIFICATIONS; REQUIRING AN APPLICANT FOR AN ALARM PERMIT TO VERIFY HIS IDENTITY; PROVIDING A MORE EFFICIENT AND LESS RESTRICTIVE MEANS OF NOTIFYING AN APPLICANT FOR A PERMIT THAT SUCH PERMIT HAS BEEN APPROVED; AND CLARIFYING THE REQUIREMENTS FOR REINSTATEMENT OF A PERMIT BY THE CHIEF OF POLICE AND THE AFFECT REINSTATEMENT HAS UPON HOW SERVICE FEES ARE CALCULATED. (25.) Ordinance No. 2003-0 abandoning and closing a portion of Avenue N adjacent to Block 128, Original Town Addition, and an alley located in Block 128, Original Town Addition to the City of Lubbock (1502 131h Street) (first reading). This item was deleted. (26.) Ordinance No. 2003-00017 abandoning and closing a portion of Geneva Avenue and 2"d Place adjacent to Block 1, Westhaven Addition, and a 10-foot utility easement and a 30-foot utility and garbage collection easement located in Block 1, Westhaven Addition to the City of Lubbock (3212 2"d Place) (first reading). ORDINANCE NO.2003-00017 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF GENEVA AVENUE AND 2ND PLACE ADJACENT TO BLOCK 1, WESTHAVEN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND A 10-FOOT UTILITY EASEMENT AND A 30-FOOT UTILITY AND GARBAGE COLLECTION EASEMENT LOCATED IN BLOCK 1, WESTHAVEN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 36,789 square foot portion of Geneva Avenue and 2"d Place and a 10-foot utility easement and a 30-foot utility and garbage collection easement in and adjacent to Block 1, Westhaven Addition, for replat and building purposes. Requestor of these closures is Royal Texas Tennessee L.P., who owns the Raider Pass Apartments at 3120 4th Street. They are dedicating new easements to replace the ones being closed, but will be charged for the street and avenue closure since they are dedicating only a cul-de-sac area (5,340.30 square feet) in the replat. The Right -of -Way Department has valued 50% of this street area being closed at an apartment rate of $1.82 per square foot and 50% at a residential rate of $00.30 per square foot for a total due the City of $33,335.63. Staff required that the requestor contact the adjacent 119 Regular City Council Minutes February 13, 2003 Page 120 property owners in the area of the replat who would be affected by the closures and no negative response was received. The Right -of -Way Department recommended approval of the first reading of this ordinance. (27.) Resolution No. 2003-R0055 authorizing the Mayor to execute an agreement with The Burlington Northern and Santa Fe Railway Company abandoning a mineral reservation and access reservation for mineral exploration and an easement for pipeline and fiber optic communication lines in the section of former railroad right-of-way required for the Marsha Sharp Freeway (University Avenue and the Brownfield Highway to Milwaukee Avenue and the Brownfield Highway —US 62/82). RESOLUTION NO.2003-R0055 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with the Burlington Northern and Santa Fe Railway Company for abandoning a mineral reservation and access reservation for mineral exploration and an easement for pipeline and fiber optic communication lines in the section of former railroad right-of-way required for the Marsha Sharp Freeway 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 Council. Passed by the City Council this 13th day of February, 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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2003-R0055. In March of 1990, the Atchison, Topeka and Santa Fe Railway Company, known today as The Burlington Northern and Santa Fe Railway Company (BNSF), conveyed to the American Railway Corporation of Texas, known today as the West Texas & Lubbock Railroad Company (WT&LR), their railroad spur track from Lubbock to Seagraves. In this conveyance, BNSF reserved the minerals and a reservation for access for mineral exploration and an easement for the construction and maintenance of one or more pipelines or fiber optic communication lines. As part of the Marsha Sharp Freeway acquisition and the City's Railroad Relocation Project, the West Texas and Lubbock Railroad Company agreed to convey to the Texas Department of Transportation the section of this railroad spur track in exchange for the new railroad constructed around West Lubbock. This section is from University Avenue and the Brownfield Highway to Milwaukee Avenue and the Brownfield Highway, a distance of approximately six miles. 120 Regular City Council Minutes February 13, 2003 Page 121 At the June 20, 2000 City Council meeting, the City Council approved an agreement with the West Texas & Lubbock Railroad Company and the Texas Department of Transportation and at the end of June 2000, the Railroad conveyed to TxDOT this six miles of railroad right-of-way. The new railroad route has been completed and is being used by the railroad. Removal of the railroad tracks from the six miles of right-of-way has been completed. TxDOT will soon start construction on a portion of the Freeway in West Lubbock. As part of this agreement of June 20, 2000, the City agreed to negotiate with BNSF for the release of their reservation of minerals, access for mineral exploration, and reserved easement for pipelines and fiber optic cables in this six -mile stretch of the old railroad right-of-way. Working with TxDOT, BNSF has agreed to accept $10,000 as the amount to release these reservations. A sufficient amount of funds was put in escrow with Lubbock Title Company in the June 2000 closing with the West Texas & Lubbock Railroad Company to take care of this. The resolution and agreement placed before the City Council today with the Burlington Northern and Santa Fe Railway Company allowed BNSF to release their reservations and easements for $10,000 and TXDOT can begin construction on a portion of the former railroad right-of-way. The Right -of -Way Department recommended approval of this resolution. (28.) Resolution No. 2003-R authorizing the Mayor to execute a Ratification of Agreement entitled Declaration of Pooled Unit Lubheirs Coop #20 Unit with Texland Petroleum, Inc. in Section 5, Block A, Lubbock County, Texas (1302 North Guava Avenue). This item was deleted. (29.) Resolution No. 2003-R0056 authorizing the Mayor to execute two Texas Parks and Wildlife Department Certificate of Land Dedications for two tracts of land at McAlister Park (6002 Spur 327). RESOLUTION NO. 2003-R0056 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 Texas Parks and Wildlife Department Certificate of Land Dedication regarding (i) Lubbock Southwest Regional Park, Project Number 20-00099; and (ii) Lubbock Bill McAlister Park, Project Number 50-00303. Said Certificates are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of February, 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/ Richard K. Casner Natural Resources Attorney A copy of the Certificates is filed with Resolution No. 2003-R0056. 121 Regular City Council Minutes February 13, 2003 Page 122 Recently, the City acquired two tracts of land totaling 6.82 acres at the southeast corner of McAlister Park for the Milwaukee Avenue land conversion project and to qualify for a Texas Parks and Wildlife (TP&W) grant. To complete the conversion project, TP&W requires that the City complete these Certificates of Park Dedication. The first certificate, Project Number 20-00099 Lubbock Southwest Regional Park, dedicated the 5.82-acres tract for public park and recreation use. The second certificate, Project Number 50-00303 Lubbock Bill McAlister Park, dedicated the 1.00-acre tract for public park and recreation use. The Right -of -Way Department recommended approval of this resolution. (30.) Resolution No. 2003-R0057 accepting partial paving improvements constructed by Lone Star Dirt and Paving Inc., in Lakeridge Estates South, Lots 1-68 and Tract A-1. RESOLUTION NO. 2003-R0057 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1 - 68 and Tract A- 1, Lakeridge Estates South, made arrangements with Lone Star Dirt and Paving Contracting, Ltd. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned addition, including the following streets and avenues: Savannah Avenue from 7 feet south of the alley south of 100th Street to the south lip line of 98th Street. Toledo Avenue from the north lip line of 99th Street to the south lip line of 98th Street. Topeka Avenue from the southeast end of radius of Topeka Avenue and 99th Street to the south lip line of 98th Street. 100th Street from 7 feet east of the alley east of Utica Avenue to the west lip line of Savannah Avenue. 99th Street from the southeast end of radius of Topeka Avenue to the west lip line of Savannah Avenue. 99th Street from the east lip line of Savannah Avenue to 7 feet east of the alley east of Savannah Avenue; and WHEREAS, construction of the curb and gutter only has been completed on the above named streets but the contractor desires partial reimbursement for the portions of the construction as stages of the construction are completed; and WHEREAS, the construction of the curb and gutter improvements on the streets and avenues in the above named was performed under the supervision of the City Engineer, and said improvements have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Engineer is hereby authorized to refund a portion of the cash bond deposited with the City by the Developer, in the amount of $37,068.77, said amount being equal to the value of the portion of construction completed on the above named streets and avenues. SECTION 2. THAT the City Engineer be and is hereby authorized to refund additional partial refund payments on the cash bond to the Developer on a monthly basis in amounts reflecting the additional portions of the paving improvements having been constructed and approved as being in accordance with City specifications and in accordance with the provisions of Chapter 25 of the Lubbock Code of Ordinances until such time as the construction is complete and the cash bond fully refunded. 122 Regular City Council Minutes February 13, 2003 Page 123 SECTION 3. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 13th day of February, 2003. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT /s/ Larry Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This is a partial acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of curb and gutter on: • Savannah Avenue from the alley south of 100`h Street to 981h Street. • Toledo Avenue from 99`h Street to 98`h Street. • Topeka Avenue from 99`h Street to 98`h Street. • 100`h Street from the alley east of Utica Avenue to Savannah Avenue. • 99`h Street from Topeka Avenue to Savannah Avenue. • 99`h Street from Savannah Avenue to the alley east of Savannah Avenue. The City Code of Ordinances relative to the platting of new subdivisions required the developer to provide for the paving improvements prior to filing the plat. The developer may provide for those paving improvements by construction, by a bank letter of credit, or cash bond. The developer of this subdivision elected to place a cash bond with the City in the amount of $318,859.81, which was deposited into a prepaid paving account. A portion of the developer's cash bond in the amount of $37,068.77, equivalent to the value of the improvements constructed, will be refunded from the prepaid paving account to the developer upon this acceptance. Section 2 of this resolution authorized the City Engineer to make additional refund payments on a monthly basis reflecting the additional portions of the paving improvements having been constructed, until the construction is complete and the cash bond is fully refunded. Staff recommended approval of this resolution. (31.) Resolution No. 2003-R0058 authorizing an amendment to the Request for Proposals #225-01/RW professional services contract payment structure for physicals and drug/alcohol screening executed on August 29, 2002, between the City of Lubbock and OccMed Associates, LP., Subsection II(d) of the original contract pertaining to payment be amended to read as follows: "Payor agrees to pay Providers, including Dmitry Golovko, MD, PA, as co -payee." 123 Regular City Council Minutes February 13, 2003 Page 124 RESOLUTION NO.2003-R0058 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the Employment Physical Examinations and Drug Alcohol Screening professional services contract executed on August 29, 2002, between the City of Lubbock and OccMed Associates, LP, and any associated documents, a copy of which Amendment is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 13th day of February, 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of said Amendment is filed with Resolution No. 2003-R0058. On July 1, 2002, Covenant closed its I-27 Occupational Medicine Clinic due to reorganization. As a result of their reorganization, Covenant could not service all requirements of the City's occupational medicine needs after terminating their only Board Certified Occupational Medicine Physician. In accordance with Article 1I, Section B, of the contract document, on July 22, 2002, an official 90-days contract cancellation notification letter was sent to Covenant. Via an email document dated July 24, 2002, Amy New, Covenant's Contract Manager, authorized the City to immediately begin utilizing OccMed Associates for all of its occupational medicine needs. As there were no other vendors in Lubbock who could provide all services outlined in Covenants original RFP contract executed between the City of Lubbock and Covenant on December 13, 2000, on August 29, 2002, the City Council executed a one-year contract with OccMed Associates, LP under the City's "sole -source" provision. Funding is available in the fiscal year 2002/2003 budget, per cost center. Staff recommended approval of this resolution. It was staff s recommendation that Subsection II(d) of the original contract pertaining to payment be amended to read as follows: "Payor agrees to pay Providers, including Dmitry Golovko, MD, PA, as co -payee." (32.) Resolution No. 2003-R0059 authorizing the Mayor to execute the proposal for the Lubbock Housing Authority Greenfair Infrastructure program for $10,000 and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. 124 Regular City Council Minutes February 13, 2003 Page 125 RESOLUTION NO.2003-R0059 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 proposal for the Lubbock Housing Authority Greenfair Infrastructure Program in the amount of $10,000.00 to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. Passed by the City Council this 13th day of February, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney The City Council held a public hearing on the reallocation of CDBG funds on January 23, 2003. At this hearing, the Council heard the Community Development Advisory Board's recommendations. Council approved the recommendation with the one change of giving $10,000 to the LHA from the street paving. This resolution allows us to forward the final results to the Department of Housing and Urban Development. Staff recommended approval of the resolution. (33.) Resolution No. 2003-R0060 to reimburse bond -funded capital expenditures on general-purpose improvements, with proceeds of future debt. RESOLUTION NO.2003-R0060 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for general purpose improvements for said City (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursements; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. 125 Regular City Council Minutes February 13, 2003 Page 126 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $11,885,000. Passed by the City Council this 13th day of February, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges Managing Director of Finance APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney Capital projects recommended by the Citizen Advisory Committee, amounting to approximately $37.4 million, were approved in the September 18, 1999 bond election. The fourth and final phase of these projects will be funded in the 2002-03 fiscal year. City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are not expected to be delivered until summer 2003. For authorized construction projects, there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be completed within prescribed time frames. The City must declare its intent to reimburse bond funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. This resolution allows reimbursement of authorized costs incurred in advance of the bond issuance in order that projects may be completed within prescribed timeframes. Staff recommended approval of this resolution to reimburse no more than $11,885,000. (34.) Resolution No. 2003-110061/13I1) #272-02/RS—for Tech Terrace Park Irrigation (Park Development). RESOLUTION NO.2003-R0061 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 Tech Terrace Park irrigation, by and between the City of Lubbock and Diversified Sub -Surface Irrigation, Inc. of Lubbock, Texas and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 126 Regular City Council Minutes February 13, 2003 Page 127 Passed by the City Council this 13th day of February, 2003. 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 /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 13th day of February, 2003, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and DIVERSIFIED SUB -SURFACE IRRIGATION, INC., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID ITB #272-02-RS — TECH TERRACE PARK IRRIGATION SYSTEM - $129,9803.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 127 Regular City Council Minutes February 13, 2003 Page 128 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ «CorpSecretar» CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: Diversified Sub -Surface Irrigation, Inc. By: /s/ Derrick Archer PRINTED NAME: Derrick Archer TITLE: Landscape Irrigation Manager COMPLETE ADDRESS: Diversified Sub -Surface Irrigation, Inc. 3232 Slaton Highway Lubbock, Texas 79404 This project will provide an automated irrigation system to replace the manual system at Tech Terrace Park. The existing "quick -coupler" system requires manual installation and removal of sprinklers each time the park is to be watered. Located at 23`d and Flint, the Tech Terrace Park is an 18-acres park that has an existing walking track on the back of the curb. The new irrigation system, which will be a relatively easy installation, is funded by the 1999 General Obligation Bond election. The project responds to the high priorities established in the 1998 Lubbock Comprehensive Park, Recreation and Open Space Master Plan. The low bid is $129,980 from Diversified Sub -Surface Irrigation of Lubbock, Texas and is within the Irrigation/Lighting Automation Project budget. Time for completion of this project is 90 days and liquidated damages are $250 per day. Twenty-two local contractors were invited to submit bids for this project. (35.) Resolution No. 2003-R0062/BID #274-02BM—for Protective Bunker Gear —Annual Pricing (Fire Department). RESOLUTION NO.2003-R00K-2 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 protective bunker gear - annual pricing, by and between the City of Lubbock and Fire Gear, Inc. of Grand Junction, Colorado 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. 128 Regular City Council Minutes February 13, 2003 Page 129 Passed by the City Council this 13th day of February, 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 A copy of the Letter of Award is filed with Resolution No. 2003-R0062. This bid establishes firm pricing for a period of one year for the purchase of fire fighter protective bunker gear. Four bids were received and evaluated by Raul Salazar and Bill Thomas of the Lubbock Fire Department. The bids were examined based on price and adherence to specifications. Specifications were developed to reflect a compilation of design and material attributes that would provide the most advanced protection and comfort for personnel. Data was collected from research acquired from a committee of Lubbock Fire Department personnel who examined and field-tested major lines of brand name gear. Due to the extreme conditions to which this gear is normally subjected, the protective performance of the sets begins to diminish, failing at various rates in time depending upon the activity of the fire fighter. As a result, efforts are focused on replacing one-third of inventory annually in order to preclude compromising the safety of the fire fighter and to alleviate the financial burden of a large single acquisition of all gear in a given year. This purchase will furnish sets of pants and jackets aimed at removing dangerously deteriorated gear currently in service. Two firms submitted lower priced bids. DACO Fire Equipment, of Lubbock, Texas submitted a bid for jackets only. The DACO Representative failed to include pants in their bid pricing. Fire Department specs specifically assert 80 +/- sets, which include a pant and jacket. Consequently, DACO Fire Equipment withdrew their bid. NAFECO of Odessa, Texas was "not quoted as specified" because their product included 16 unacceptable exceptions to the required specifications. Low bid meeting all specifications is $71,452 from Fire Gear, Inc. of Grand Junction, Colorado and is within the Bunker Gear Replacement budget. Four local businesses were invited to submit bids for this equipment. (36.) Resolution No. 2003-110063/ BID #277-02BM—for Control Room & Laboratory Rehabilitation —Water Treatment Plant (Water Treatment). RESOLUTION NO.2003-R0063 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 control room & laboratory rehabilitation — water treatment plant, by and between the City of 129 Regular City Council Minutes February 13, 2003 Page 130 Lubbock and Wardroup & Associates, Inc. of Lubbock, Texas and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of February, 2003. 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 /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 13th day of February, 2003, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and WARDROUP & ASSOCIATES, INC., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: ITB #277-02BM — CONTROL ROOM & LABORATORY REHABILITATION -WATER TREATMENT PLANT - $122,523.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 130 Regular City Council Minutes February 13, 2003 Page 131 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Judy Anderson Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Wallace C. Wardroup CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: Wardroup & Associates, Inc. By: /s/ Dennis W. Wardroup PRINTED NAME: Dennis Wardroup TITLE: President COMPLETE ADDRESS: Wardroup & Associates, Inc. 4408 Brownfield Drive Lubbock, Texas 79410 This bid is for the renovation of the Water Treatment Plant Operators Lab and the Operations Control Room. The Operators Lab will be renovated by replacing outdated and wom fixtures and furnishings. The Operations Control Room, which is manned 24 hours per day and 7 days per week, will be renovated by replacing worn and damaged flooring, console, and windows. The renovated control room will meet ADA requirements. The low bid is $122,523 from Wardroup and Associates, Inc. of Lubbock, Texas and is within the Water Treatment Plant Optimization Project budget. Time for completion of this project is 180 days and liquidated damages are $300 per day. Seventy local contractors were invited to submit bids for this project. (37.) Resolution No. 2003-110064/13I1) #009-03/VK—for Municipal Lease - Purchase Financing (Fleet Services). RESOLUTION NO.2003-R0064 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 Municipal Lease — Purchase Financing, by and between the City of Lubbock and SunTrust Leasing Corporation of Towson, Maryland 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. 131 Regular City Council Minutes February 13, 2003 Page 132 Passed by the City Council this 13th day of February, 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 financing a three-year municipal lease/purchase of 35 police cars, related police car equipment, and related police car striping. The financed amount for the three-year lease/purchase is $906,964.80. This bid is also for financing a five-year municipal lease/purchase of two 125 HP motor graders, one 375 HP tractor, four 125 HP tractors, one 102 HP tractor, one self-propelled swather, one pull type scraper, two round balers, and one center pivot system. The financed amount for the five-year lease/purchase is $875,719.87. The low bids for three-year and five-year financing are 2.15% and 2.35%, respectively, from SunTrust Leasing Corporation of Towson, Maryland with total interest payments of $60,516.64. The annual payment in advance amount is $308,777.92 for three years and $183,373.51 for five years. The interest rates provided by SunTrust are very favorable for the three and five year payments. Currently, treasuries in the 2-5 year range are earning between 1.92% and 3.03%. The annual payment is within the Capital Outlay -Heavy Moveable Equipment budget. Forty-four local firms were invited to submit bids for this item. 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. ORDINANCES FOR PASSAGE Second Reading (38.) ORDINANCE #2003-00002—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 University Avenue and Avenue X in the Overton Addition to the City of Lubbock (710 University) (second and final reading; Mayor McDougal; Council Members Patterson and Cooke absent on first reading). 132 Regular City Council Minutes February 13, 2003 Page 133 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. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00002 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. (39.) ORDINANCE #2003-00013—ZONE CASE NO. 2585-A (east of University Avenue, west of Avenue X between 61h Street and 8`n Street): Request of McDougal Construction for a zoning change from C-4, C-3, C-3 Specific Use, AM, A-2, and R-3 to CB-2 Specific Use for mixed use development on Tract B, proposed Overton Park Addition (second and final reading; Mayor McDougal recused on first reading). ORDINANCE NO. 2003-00013 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2585-A; A ZONING CHANGE FROM C-4, C-3, C-3 SPECIFIC USE, AM, A-2 AND R-3 TO CB-2 SPECIFIC USE FOR MIXED USE DEVELOPMENT ON 5.88-ACRE TRACT OF LAND OUT OF PROPOSED OVERTON PARK ADDITION, BLOCKS 130 AND 131, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass on second and final reading Ordinance No. 2003-00013 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. (40.) ORDINANCE #2003-00014—ZONE CASE NO. 2955 (2623 34tn Street): Request of Lamar Outdoor Advertising for a zoning change from C-3 to C-4 Specific Use to allow a billboard that will be closer than 80 feet to a residential property on Lot 10, Block 1, Lisemby Addition (second and final reading; Council Member Tom Martin voted nay on first reading). ORDINANCE NO. 2003-00014 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2955; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE TO ALLOW A BILLBOARD THAT WILL BE CLOSER THAN 80- FEET TO A RESIDENTIAL PROPERTY ON LOT 10, BLOCK 1, LISEMBY ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITION, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass on second and final reading Ordinance No. 2003-00014 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Martin voted Nay. 133 Regular City Council Minutes February 13, 2003 Page 134 (41.) ORDINANCE #2003-00016—Amending the FY 2002-03 Budget of the City of Lubbock to increase the budget for the North Overton Tax Increment Finance capital project in accordance with an existing Developers Agreement (second and final reading; Mayor McDougal and Council Member Victor Hernandez recused on first reading). ORDINANCE NO. 2003-00016 AN ORDINANCE MAKING CHANGES IN THE FY 2002-03 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. Motion was made by Council Member Morrison, seconded by Council Member Boren to pass on second and final reading Ordinance No. 2003-00016 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Mayor McDougal and Council Member Hernandez recused themselves. ADMINISTRATIVE SERVICES Finance (42.) Resolution No. 2003-R0065 to approve a revised Investment Policy and Investment Strategy. RESOLUTION NO.2003-R0065 WHEREAS, on August 25, 1995, the City Council of the City of Lubbock adopted Resolution #4933 which established an investment policy for the City of Lubbock; and WHEREAS, on December 18, 1997, the City Council of the City of Lubbock adopted Resolution #5728 which revised the City's investment policy so as to comply with changes to the Public Funds Investment Act (Chapter 2256 of the Texas Govenment Code); and WHEREAS, on May 28, 1998, the City Council of the City of Lubbock adopted Resolution #5867 which revised the City's investment policy so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (Chapter 2256 of the Texas Government Code); and WHEREAS, on November 4, 1999, the City Council of the City of Lubbock adopted Resolution #6600 which revised the City's investment policy so as to make minor "housekeeping" changes and bring the current investment policy into compliance with House Bill 3009; and WHEREAS, on November 27, 2000, the City Council of the City of Lubbock adopted Resolution #2000-R0418, which revised the City's investment policy so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (chapter 2256 of the Texas Government Code); and WHEREAS, on November 8, 2001, the City Council of the City of Lubbock adopted Resolution #2001-R0471, which revised the City's investment policy so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (Ch. 2256 of the Texas Government Code); and WHEREAS, the City Council has reviewed and approved the City of Lubbock Texas Investment Policy and Investment Strategy and desires to make certain changes thereto so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (Chapter 2256 of the Texas Government Code); NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock investment policy and investment strategy, as reviewed and amended in the attached document entitled "City of Lubbock, Texas, Investment Policy and Investment Strategy" which is hereby incorporated in this Resolution as if fully set forth, BE approved and adopted for the City of Lubbock, Texas, and shall be included in the minutes of the Council. 134 Regular City Council Minutes February 13, 2003 Page 135 Passed by the City Council this 13th day of February, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges Managing Director of Finance APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney An annual review by the City Council of the City of Lubbock Investment Policy and Investment Strategy is required by the Public Funds Investment Act (Government Code 2256.005e). The Investment Policy and Investment Strategy has been updated to reflect changes as recommended by the City's Investment Review Committee (IRC). The agenda back-up information included a "red -lined" version of the Policy/Strategy to highlight all changes that have been made at this time. The City Manager has appointed members to the IRC, which is mandated by the City's Investment Policy and Investment Strategy. The IRC has reviewed the changes to the Investment Policy and Investment Strategy and recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Boren to pass Resolution No. 2003-R0065 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (43.) Resolution No. 2003-R BID #275-02BM-for Landscape Improvements at LOA (Parks and Recreation). This item was deleted. (44.) Resolution No. 2003-110066BI1) #273-02/RS-for Ribble Park Improvement (Park Development). RESOLUTION NO.2003-R0066 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 Ribble Park improvement, by and between the City of Lubbock and Saunders Construction, Inc. of Lubbock, Texas and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 135 Regular City Council Minutes February 13, 2003 Page 136 Passed by the City Council this 13th day of January, 2003. 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 /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 13th day of February, 2003, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and SAUNDERS CONSTRUCTION, INC., of the City of LUBBOCK, County of LUBBOCK, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #273-02/RS — RIBBLE PARK IMPROVEMENT - $259,000.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 136 Regular City Council Minutes February 13, 2003 Page 137 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: SAUNDERS CONSTRUCTION, INC. By: /s/ Kay Saunders /s/ William de Haas City Attorney PRINTED NAME: Kay Saunders TITLE: Vice President ATTEST: Corporate Secretary COMPLETE ADDRESS: Saunders Construction, Inc. /s/ Wanda Kay Saunders 4405 Clovis Road Lubbock, Texas 79416 This project will provide improvements for Ribble Park located at 62"d and Temple. The improvements include a new walking track (there are no existing paths at the park) and an automated irrigation system to replace the manual system on the 22-acres park. The existing "quick coupler" system requires manual installation and removal of sprinklers each time the park is to be watered. In addition, the existing system provides inadequate coverage. While part of the walking track will be behind the curb, other parts will meander through the park and provide Americans with Disabilities Act (ADA) access to existing picnic tables, benches and playground. Therefore, the irrigation system is fairly complex, as it has been designed around the existing amenities and the new track that will be installed. The irrigation system is funded by the 1999 General Obligation Bond election. The project responds to the high priorities established in the 1998 Lubbock Comprehensive Park, Recreation and Open Space Master Plan. The low bid is $259,000 from Saunders Construction, Inc. of Lubbock, Texas and is within the Ribble Park Improvements and Irrigation/Park Lighting Automation budgets. The work to be performed by the contractor on this project is within their area of expertise. Diversified Subsurface Irrigation of Lubbock, Texas is the sub -contractor for the irrigation portion of this project and has excellent references. Time for completion of this project is 180 days and liquidated damages are $250 per day. Twenty-two local contractors were invited to submit bids for this project. Victor Kilman, Purchasing Agent and Corbin Pemberton, Community Projects Manager gave staff comments. Staff recommended award of the bid to the bidder as indicated on the tab sheets and award of the contract as shown on the resolution and that the Mayor be authorized to execute all documents necessary for each transaction. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to pass Resolution No. 2003-R0006 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 137 Regular City Council Minutes February 13, 2003 Page 138 COMMUNITY SERVICES Community Development (45.) Resolution No. 2003-R0067 accepting the recommendation made by the Community Development Services Board (CDSB) regarding a policy change for the current Micro -Enterprise Loan Program. RESOLUTION NO.2003-R0067 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby accepts and adopts the Micro -Enterprise Loan Program Policy for the Community Development Department. Said Policy is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of February, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney The CDSB met on Wednesday, January 8 and discussed a policy change for the Micro -Enterprise Loan Program. The current maximum loan amount under the Micro Program is $15,000. The proposed policy change would increase that maximum to $24,000. When the program was first implemented, staff and the members of the CDSB set a maximum loan amount that was relatively conservative in nature. The collective thinking was that the loan maximum should be low until the staff had some experience in providing a micro loan program. The program now has a proven track record that spans more than 5 years. Staff and the members of the CDSB have noticed that in many cases the maximum loan amount of $15,000 was simply too little to adequately assist the business owner. The Board feels that increasing the maximum loan amount to $24,000 will allow the program to better serve the needs of micro business owners in Lubbock. Community Development recommended approval of this resolution. Nancy Haney, Manager, Community Development, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Hernandez pass Resolution No. 2003-R0067 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (46.) Resolution No. 2003-R0068 authorizing and directing the Mayor for and on behalf of the City of Lubbock to recognize the South Plains Homeless Consortium (formerly Lubbock Homeless Consortium) as Lubbock's representative for homeless issues. 138 Regular City Council Minutes February 13, 2003 Page 139 RESOLUTION NO.2003-R0068 WHEREAS, the South Plains Homeless Consortium is applying for membership into the Texas Homeless Network; and WHEREAS, the Consortium has been in existence for over ten years, and its membership includes agencies such as the Salvation Army, SPAG, Community Development, MHMR, South Plains Food Bank, and many others; and WHEREAS, the purpose of the Consortium is to try and identify and assist the homeless population, and to be an advocate; and WHEREAS, the South Plains Homeless Consortium has reorganized and is trying to become more active, the membership to the Homeless Network will better assist them in completing their mission; and WHEREAS, the City of Lubbock desires to endorse the South Plains Homeless Consortium in order to assist in its efforts to apply for membership into the Texas Homeless Network; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby recognize the South Plains Homeless Consortium (formerly Lubbock Homeless Consortium) as Lubbock's representative for homeless issues. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of February, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney The South Plains Homeless Consortium is applying for membership into the Texas Homeless Network. One of the criteria is an endorsement from a local city or county entity. The Consortium has been in existence for over ten years. The Consortium membership includes agencies such as the Salvation Army, South Plains Association of Governments, Community Development, Mental Health & Mental Retardation, South Plains Food Bank, and many others. The purpose of the Consortium is to identify the number of homeless people and assist the homeless population. Since the Consortium has reorganized and is becoming more active; they are identifying steps to assist them in achieving their goals. The membership of the Homeless Network will better assist the Consortium in completing their mission of gaining access to a wide range of resources from information to funding sources. This will not commit any city funding to the agency. This endorsement simply allows them to move forward with their application. Community Development recommended approval of this resolution. 139 Regular City Council Minutes February 13, 2003 Page 140 Nancy Haney, Manager, Community Development, gave staff comments. Council Member Hernandez requested that this designation be revisited periodically. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2003-R0068 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (47.) Resolution No. 2003-R0069 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Loan Agreement and all related documents between the City of Lubbock and Mr. Johnny James, d.b.a. JJ's Sparkle Shop, from the Economic Development Funds Program. RESOLUTION NO.2003-R0069 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 Loan Agreement, by and between the City of Lubbock and Mr. Johnny James d.b.a. JJ's Sparkle Shop, from the Economic Development Funds Program and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of January, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0069. The Economic Development Subcommittee of the Community Development Services Board (CDSB), met on Wednesday, December 11, 2002, to discuss a loan packet that had been submitted by Mr. Johnny James. The subcommittee approved the loan for $35,000. The funds are to be used for the purchase of his current location at 1707 East 5`h. Any funds remaining after the purchase are to be used for upgrades and improvements on the property. The City of Lubbock will be placed as first lien holder for the property. The Economic Development Funds Program was established during a previous allocation of Community Development Block Grant (CDBG) funds. The purpose of the program is to provide needed capital for area businesses at a reduced interest rate. By agreeing to the terms of this loan, the business owner accepts his/her responsibility of retaining or creating one job for every $35,000 borrowed. This job must be made available to persons of low -to -moderate income. 140 Regular City Council Minutes February 13, 2003 Page 141 The Promissory Note and the Deed of Trust were attached to resolution for review. Community Development recommended approval of this resolution. Nancy Haney, Manager, Community Development, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to pass Resolution No. 2003-R0069 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (48.) Resolution No. 2003-R0070 accepting the recommendation made by the Community Development Services Board (CDSB) regarding a policy change for the Public Service Policy. RESOLUTION NO.2003-R0070 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby accepts and adopts the Public Service Policy for the Community Development Department. Said Policy is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of February, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Manager APPROVED AS TO FORM: /s/ Amv Sims Amy Sims, Assistant City Attorney A copy of the Policy is filed with Resolution No. 2003-R0070. This item was a follow up to the work session item from the December 12, 2002 City Council meeting that presented the policy changes for discussion. The CDSB met on Wednesday, October 9 to discuss Community Development policy issues. Through the direction of previous Councils, CD has utilized a policy that has limited the duration of CDBG funding for any public service agency to no more than four consecutive years. The funds are also given based upon a decreasing percentage of program costs. • First Year Funding: • Second Year Funding • Third Year Funding: • Fourth Year Funding: • Fifth Year Funding: 75% of program costs 55% of First Year Funding 35% of First Year Funds 15% of First Year Funds None Sub -recipients must be able to demonstrate that their level of service will be maintained as CD funding decreases. This encourages agencies to seek 141 Regular City Council Minutes February 13, 2003 Page 142 other sources of funding for their programs. By limiting the number of years that an agency can receive assistance, the policy also encourages the funding of new programs and agencies. During past funding cycles, CDSB members have discussed the need to set aside a certain amount of the CDBG allocation to fund childcare programs. Childcare is viewed as a high priority category in that it allows for the care of the child while the parent is working. In many cases, the parent would be unable to seek employment because of the expense of childcare. The CDSB is proposing a policy change that would allow 20% of the CDBG public service funds to be set -aside for childcare purposes. If there are not enough qualified applications for this type of program, the public service policy would be waived. This will give the Board the flexibility to fund sub -recipients at a higher rate that may be nearing the end of their four-year funding cycle. This will ensure that 20% of the public service funds will go to childcare. In this case, childcare will be defined as any provider that meets the requirements to be certified by the South Plains Child Care Management Services (CCMS). Community Development recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2003-R0070 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Parks and Recreation (49.) Resolution No. 2003-R0071 authorizing the City Council to approve the recommendation of the Parks and Recreation Board regarding FY 2002-2003 use of in -kind services by City of Lubbock departments for special event support. RESOLUTION NO. 2003-110071 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby approves the recommendations of the Parks and Recreation Board with regard to FY 2002-2003 use of in -kind services by City of Lubbock departments as set forth in Exhibit "A" hereto, which said Exhibit "A" is attached hereto and made a part hereof as if fully copied herein in detail. Passed by the City Council this 13th day of February, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell Parks and Recreation Director APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Exhibit "A" is filed with Resolution No. 2003-R0071. 142 Regular City Council Minutes February 13, 2003 Page 143 At the January 9, 1997, City Council meeting the City Council approved Ordinance #9965, which amended Chapter 2 of the Code of Ordinances of the City of Lubbock. In doing so, the duties of the Park and Recreation Board were expanded to include review of requests for in -kind services for special/community events. The special events policy was developed in order to track special event support and monitor the increase of requests received from non-profit organizations for special events in the City of Lubbock. The policy allocates up to $200,000 annually for in -kind services. Of that amount, 90% ($180,000) is earmarked for existing events, while the remaining 10% ($20,000) is targeted for new events. Each year, City staff conducts at least two training sessions for local non- profit and civic organizations to familiarize them with the special events policy and the grant process. Applications for in -kind services are due at least forty-five days prior to the event. Once received, the application is reviewed by departmental staff to ensure the request is appropriate. For example, the Police Department reviews requests for security and traffic control to ensure that the appropriate number of officers is requested. If needed, adjustments are made to the requests and the applicants are notified. The Park and Recreation Board then rates the grant application for in -kind City services based on the applicant's response to 9 subjective questions for each event. Each subjective question is worth up to 5 points from the individual Park and Recreation Board members. The individually graded applications are then returned to staff in order to determine the aggregate score. There are a total of 405 possible points on the subjective section and an additional 250 possible points on the objective section of the application with a possible 655 points for each event. The objective section deals with the percent of budget that is publicly funded, the applicant's non-profit status, etc. On January 21, 2003, the Park and Recreation Board approved the aggregate scoring and recommended the following Special Event Applications for in -kind services: Event In -Kind Percent In -Kind Requested Awarded Proposed National MS $290 89% $258 Society Total $290 $258 To date, there is a total of $98,206 of in -kind services approved for FY 2002-2003 with a total of $258 to be considered for approval, all of which will be absorbed within the existing departmental budgets. The event organizers will be responsible for making up the difference. Since the event being recommended for approval is an existing event, this would leave a balance of $81,536 of in -kind services that can be allocated for existing special events and $20,000 for new events in FY 2002-2003. Staff recommended approval of this resolution. Randy Truesdell, Parks and Recreation Director, gave staff comments. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2003-R0071 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 143 Regular City Council Minutes February 13, 2003 Page 144 DEVELOPMENT SERVICES Right -of -Way (50.) Ordinance No. 2003-00018 abandoning and closing a 20-foot alley located in Block 132, Overton Addition, and a portion of 5ch Street between University Avenue and Avenue X in the Overton Addition to the City of Lubbock (501 University) (first reading). ORDINANCE NO.2003-00018 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20 FOOT ALLEY LOCATED IN BLOCK 132, OVERTON ADDITION AND A PORTION OF 5TH 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. (51.) This alley and the 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 closure are being replatted into Tract 3A and Tract 3B, Overton Park Addition. Since McDougal was not the original dedicator of this street and alley area being closed, there will be a charge for them. Total 5`h Street area being closed is 36,000 square feet. This area of 5`h Street is approximately 62.5% commercial and apartment and 37.5% residential. The Right -of - Way Department has come up with a value of $1.10 for the commercial and a value of $0.16 for the residential. This equates to 62.5% X 36,000 square feet = 22,500 square feet X $1.10 = $24,750 for the commercial street area and 37.5% X 36,000 square feet = 13,500 square feet X $0.16 = $2,160 for the residential street area for a total of $26,910. The alley area being closed contains 12,000 square feet and 25% of this alley area is valued at $2.25 and 75% of the alley area is valued at $0.26 for a valuation of $9,000. Total value for the street and all? area being closed is $35,910. In the replat, additional street area for 6 Street and three corner cutoffs will be dedicated containing 3,376.37 square feet and these will be valued as a credit. Using a 50% value of $2.25 and a 50% value of $0.16, a credit will be given of $4,220.47 for the street area dedications. Therefore, $35,910 minus the credit of $4,220.47 = $31,689.53 due the City. The Right -of -Way Department recommended approval of the first reading of this ordinance. Ed Bucy, Right -of -Way Agent, gave staff comments. Motion was made by Council Member Martin, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00018 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. Consider revisions to criteria established for the 2001 Assessment Paving Program. The second of three readings of the assessment ordinance for the 2001 Paving Program was approved at the December 19, 2002 City Council meeting. As part of the approval of this agenda item, the Council directed staff on several issues, namely: 1. Move forward with this paving program. 2. Establish the assessment paving rates. Alleys: Voluntary "calculated rate" = $16.00 per foot Involuntary assessment "enhancement" rate = $ 5.00 per foot 144 Regular City Council Minutes February 13, 2003 Page 145 StreetsNoluntary "calculated rate" _ $16.50 per foot For paving, plus $8.00 per foot for curb & gutter Involuntary assessment = $7.40 per foot (enhancement) rate For paving, plus $3.60 per foot for curb & gutter 3. Require owners to sign voluntary agreements to pay at the "calculated" rate for paving improvements. The required number of signatures was set at within 5% of the footage signing the original paving petition. 4. Set a deadline of January 24, 2003 for property owners to provide signed voluntary agreements to the City, at the prescribed percentage of abutting footage signing these agreements. Subsequent to the second reading of the ordinance, Councilman Martin met with staff about complaints and concerns he had received pertaining to the paving program. Councilman Martin requested this item be placed on this agenda to look at the criteria, and have the Council consider revisions to these requirements. There were some legal issues, which arose during the processes for this assessment -paving program. These issues initiated changes in the way assessments were to be levied on this program, which are different procedures from those on previous assessment programs. There will need to be Council direction, probably through a work session item, on changes to the Paving Policy pertaining to assessment paving on future paving programs. However, in an effort to complete the processes for the units proposed to be paved on the current program, the following suggestions/ recommendations are submitted for consideration: 1. Alleys —Instead of requiring that owners of abutting property, representing within 5% of the footage originally signing the paving petition, change the requirement to within 20% of the footage. However, owners of not less than 50% of the footage will be allowed to sign the agreement for that individual alley unit to stay on the program. This will address concerns of some of the property owners in being able to get enough signatures. On some of the alleys, if as few as one owner signing the original petition did not sign the new agreement, the 5% allowed deviation would be exceeded. 2. Streets —Assess these two units at the enhancement rate rather than attempt to get some of the owners to execute agreements to pay at the higher rates. The two units of street paving being considered on this program are a block of 251h Street and a long block of 26t' Street, both located just east of Milwaukee Avenue in the West End Addition. This was an old county subdivision, and these streets are still dirt. The owners on these streets are split in supporting this street paving, primarily due to cost of the paving improvements. It is suggested that the rate be set at the enhancement rate for all properties in an effort for these properties to attain paved access in this economically challenged area. 3. Assessment Rates —Set the paving rate for the five alleys at $16.00 per foot (may be decreased if bids come in lower than estimated) for those property owners executing paving agreements. Set the assessment rate (enhancement rate) at $5.00 per foot for those properties whose owners do not sign the paving agreements. 145 Regular City Council Minutes February 13, 2003 Page 146 Set the assessment -paving rate for the two streets at $11.00 per foot for paving and curb and gutter. This is the enhancement rate established by the appraiser. Therefore, separate agreements do not need to be executed by these owners. 4. Deadline for Agreements —If the prescribed number of owners on the alleys does not submit signed agreements by February 28, 2003, then that alley will be deleted from this paving program. Larry Hertel, City Engineer, gave staff comments. Motion was made by Council Member Morrison, seconded by Council Member Hernandez to pass on A-462-43, A-462-45, A-462-46, 2336-001 and 2336-002 and A-462-44 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mr. Hertel stated that A-462-44 was the unit to be recused by Mayor McDougal. Motion was then made by Council Member Martin, seconded by Council Member Patterson to reconsider A-462-44. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass on A-462-44. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself Motion was made by Council Member Hernandez, seconded by Council Member Martin to pass on A-462-42 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (52.) Resolution No. 2003-R0072 authorizing the City Engineer to bid full width paving (and an alternate bid to strip pave) Kenosha Avenue from the alley north of 107th Street to 110th Street. RESOLUTION NO. 2003-R0072 WHEREAS, the City Council has and hereby further determines that a public necessity exists to reconstruct the existing strip paving on Kenosha Avenue from the alley north of 107th Street to 110th Street, said public necessity is to provide for improved drainage of storm water in order to reduce risks of flooding the properties abutting said portion of Kenosha Avenue, and the City Engineer has provided for the preparation of the plans and specifications for such improvements; and WHEREAS, the owners of properties abutting said portion of Kenosha Avenue have requested that full width paving (36 feet in width with curb and gutter) be constructed instead of strip paving; and WHEREAS, the owners of these properties have indicated they will pay the additional costs associated with the full width paving; and WHEREAS, the City shall contract with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the above -mentioned plans and specifications under the supervision of the City Engineer, and the said City desire that the Owners contribute towards such full width paving; and WHEREAS, the contract cost of the paving improvements shall be determined by compliance with the competitive bidding process and the City's share in connection therewith would not exceed the cost to reconstruct the strip paving, leaving the property owners share in the amount of the additional costs necessary to pave the street full width with curb and gutter; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer has approved plans and specifications for paving on the street herein described, and that such plans and specifications meet the usual requirements for paving on streets within the corporate limits of the city of Lubbock; said street being as follows, to -wit: Kenosha Avenue from the alley north of 107th Street to 110th Street 146 Regular City Council Minutes February 13, 2003 Page 147 The City Engineer is authorized to prepare bid documents to construct said full width paving of Kenosha Avenue, with an alternate bid to reconstruct only the strip paving improvements. The City Engineer is further authorized and directed to duly inspect said paving construction on said street and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Council, the City Engineer is authorized to pay the Contractor in full and final payment of the cost of the above - mentioned improvements. Section 2. This authority is conditioned that the Owners of abutting property will deposit with the City their complete portion of the cost to pave the full width paving improvements prior to award of the bid to the successful contractor. Section 3. In the event that the said funds are not received by the City from the abutting property owners, the City shall construct the said improvements to strip paving standards in conformance with the alternate bid for such strip paving improvements. Passed by the City Council this 13th day of February, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ LMU Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney In August of 2002, several residents along Kenosha Avenue from the alley north of 1071h Street to I I Oh Street visited with City staff about concerns of upstream development and increased risk of flooding. They live in an old County subdivision, Lakeview Heights Addition, which was subdivided prior to annexation. This portion of Kenosha Avenue is strip paved. There are six homes currently built along Kenosha, and most have very low floor elevations compared with the adjacent grade and the strip -paved road. Truett Craft is the developer of the subdivision, Highland Gardens, currently under construction uphill (north) of Lakeview Heights. The primary drainage way is southerly along Kenosha to the playa lake located at the golf course at 110`h and Kenosha. The developer of Highland Gardens, at the City's request, had his consultant perform various hydraulic/hydrologic analysis of the runoff from his subdivision and how it may impact the homes downstream on Kenosha. The analysis indicated that the low floor elevations would be at risk of flooding with a 100-year design storm event. The consultant also performed analysis assuming that the strip paving of Kenosha was lowered to see if the homes would still flood. The results indicated that the homes would be protected to the 100-year design storm event if the Kenosha Avenue strip paving is lowered by approximately one foot. 147 Regular City Council Minutes February 13, 2003 Page 148 Because of some other City funding needed in City participation on some other subdivision projects, as well as funds needed for the assessment paving program, funding was transferred between capital projects within the Streets Capital Projects Fund, including funds needed to rebuild the Kenosha strip paving at the lower elevation. A meeting with the Kenosha owners was held on January 7`h. At the meeting, the owners talked of wanting full width paving with curb and gutter instead of only having their strip paving reconstructed. They were told that staff would approach the project with a recommendation to pave full width, if the property owners would pay the difference between the strip paving cost and the full width paving cost. This resolution for Council consideration is for the City to solicit bids for full width paving of Kenosha, with an alternate bid to strip pave. Paving full width, or only strip paved, will be dependent on the property owners depositing, to the City, the difference in cost between the full with paving and the strip paving. Council recalled that this item was discussed by a Kenosha resident at a Citizen Comment period. Although staff is not required to get Council approval prior to soliciting bids, staff is doing so in this case to be certain that Council is comfortable with staff's approach. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2003-R0072 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (53.) Ordinance No. 2003-00019 regulating ice cream sales vehicles using public ways within the corporate limits of the City of Lubbock, defining the word "ice cream sales vehicle," for the purpose of this ordinance; designating the qualifications of persons entitled to drive an ice cream sales vehicle, requiring a permit; requiring the filing of written applications to obtain a permit; providing for an appeal to the license and appeal board by applicant when denied a permit; making such permits non -transferable; providing fees for renewal applications; providing for issuance of permit when applicant meets qualifications provided by ordinance; providing identification cards for permit holders, photographs, exhibition of same in ice cream sales vehicles by drivers; providing 45 days grace period for securing permit; providing for temporary permits; making it unlawful to drive an ice cream sales vehicle or permit the same to be done without first having secured the permit provided for; making it unlawful for any such ice cream sales vehicle driver to knowingly transport certain classes of persons with intent to aid such persons in the commission of unlawful acts; providing for revocation of permit; providing a penalty; directing publication of the descriptive caption of this ordinance, and providing effective date of its provisions ten days after the second publication (first reading). 148 Regular City Council Minutes February 13, 2003 Page 149 ORDINANCE NO.2003-00019 AN ORDINANCE REGULATING ICE CREAM SALES VEHICLES USING PUBLICWAYS WITHIN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, DEFINING THE WORD "ICE CREAM SALES VEHICLE," FOR THE PURPOSE OF THIS ORDINANCE; DESIGNATING THE QUALIFICATIONS OF PERSONS ENTITLED TO DRIVE AN ICE CREAM SALES VEHICLE, REQUIRING A PERMIT; REQUIRING THE FILING OF WRITTEN APPLICATIONS TO OBTAIN A PERMIT; PROVIDING FOR AN APPEAL TO THE LICENSE AND APPEAL BOARD BY APPLICANT WHEN DENIED A PERMIT; MAKING SUCH PERMITS NON- TRANSFERABLE; PROVIDING FEES FOR RENEWAL APPLICATIONS; PROVIDING FOR ISSUANCE OF PERMIT WHEN APPLICANT MEETS QUALIFICATIONS PROVIDED BY ORDINANCE; PROVIDING IDENTIFICATION CARDS FOR PERMIT HOLDERS., PHOTOGRAPHS, EXHIBITION OF SAME IN ICE CREAM SALES VEHICLES BY DRIVERS; PROVIDING 45 DAYS GRACE PERIOD FOR SECURING PERMIT; PROVIDING FOR TEMPORARY PERMITS; MAKING IT UNLAWFUL TO DRIVE AN ICE CREAM SALES VEHICLE OR PERMIT THE SAME TO BE DONE WITHOUT FIRST HAVING SECURED THE PERMIT PROVIDED FOR; MAKING IT UNLAWFUL FOR ANY SUCH ICE CREAM SALES VEHICLE DRIVER TO KNOWINGLY TRANSPORT CERTAIN CLASSES OF PERSONS WITH INTENT TO AID SUCH PERSONS IN THE COMMISSION OF UNLAWFUL ACTS; PROVIDING FOR REVOCATION OF PERMIT; PROVIDING A PENALTY; DIRECTING PUBLICATION OF THE DESCRIPTIVE CAPTION OF THIS ORDINANCE, AND PROVIDING EFFECTIVE DATE OF ITS PROVISIONS TEN DAYS AFTER THE SECOND PUBLICATION. This item was placed on the agenda at the request of Council Member Martin. The City of Lubbock has no ordinance establishing qualifications of drivers of ice cream sales vehicles engaged in the business of selling ready -to -eat, prepackaged frozen or refrigerated confections, including but not limited to dairy products, directly to consumers within the corporate limits of the City of Lubbock. Currently no regulatory measures enable the City to make investigation of persons driving the ice cream sales vehicles. The proposed ordinance would authorize investigations to be made concerning the qualifications of ice cream sales vehicles' drivers, and such drivers would be required to maintain certain reasonable standards as a condition incident to their continued operation of such vehicles. The Police Department recommended approval of the first reading of this ordinance. John Knight, Assistant City Attorney, gave staff comments. Assistant Police Chief Dale Holton was present for any questions. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00019 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (54.) Resolution No. 2003-R0073 accepting the resignation of Council Member Alex "Ty" Cooke. RESOLUTION NO.2003-R0073 WHEREAS, Alex "Ty" Cooke has submitted his resignation as City Council Representative from District 6 of the City of Lubbock; and WHEREAS, during his tenure as City Council member, Alex "Ty" Cooke has distinguished himself as a leader in the community and in City government by virtue of his tireless efforts, his dedication, and his commitment to excellence; and WHEREAS, the City of Lubbock has benefited and will sincerely miss his stewardship and advocacy for the betterment of the community: NOW, THEREFORE, the City Council does, with deepest regrets, hereby accept the resignation of Council member Alex "Ty" Cooke and, in so doing, bids farewell to a fine leader, colleague, and friend. 149 Regular City Council Minutes February 13, 2003 Page 150 Passed by the City Council this 13th day of February, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s / Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Anita Burgess Anita Burgess, City Attorney Council Member Cooke has submitted his resignation letter to the City Council. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Hernandez to pass Resolution No. 2003-R0073 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (55.) Resolution No. 2003-R0074 ordering a Special Election to fill the vacancy in the position of Council member, District 6, to be conducted May 3, 2003, and authorizing and directing the Mayor to execute an official Order and Notice of Special Election for said special election. RESOLUTION NO. 2003-R0074 WHEREAS, the resignation of Councilmember Alex "Ty" Cooke on January 31, 2003, has created a vacancy on the City Council of the City of Lubbock; and WHEREAS, the City Charter of the City of Lubbock and the Texas Election Code require such vacancy to be filled by a special election called for such purpose; and WHEREAS, the next available election date complying with the requirements of the City Charter and Sections 3.004, 41.001, 201.023, 201.051, and 201.052 of the Election Code is May 3, 2003; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock, Texas, hereby orders a special election to fill the vacancy in the position of Councilmember, District 6, to be conducted May 3, 2003, and the Mayor of the City of Lubbock is hereby authorized and directed to execute an official Order and Notice of Special Election for said special election. 150 Regular City Council Minutes February 13, 2003 Page 151 Passed by the City Council this 13th day of January, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ Anita Burgess Anita Burgess, City Attorney The resignation of Council member Alex "Ty" Cooke on January 31, 2003 has created a vacancy on the City Council of the City of Lubbock. The City Charter of the City of Lubbock and the Texas Election Code require such vacancy to be filled by a special election called for such purpose. The next available election date complying with the requirements of City Charter and Sections 3.004, 41.001, 201.023, 201.051, and 201.052 of the Election Code is May 3, 2003. The City Council is required by state law to select our early voting locations and hours. Currently there are eight locations Citywide, which may be too many for a one -district election. The Legal Department has recommended the early voting locations not be reduced to less than the main early voting location at City Hall and the branch location in District 6. Possible early voting choices include: 1. Make no changes; 2. Use the same locations and hours used by the County, which will be four locations in Lubbock and City Hall; or 3. Use only City Hall and the District 6 location. Expedited consideration will have to be requested for #2 and #3 as the pre - submission time for early voting changes has already expired. If a joint election is held with Lubbock County (next agenda item), City Council may consider setting the locations and the days/hours of early voting to be the same as those of the County's. Also, the joint election may be held only with regard to election day activities and not with regard to early voting. Don Vandiver, First Assistant City Attorney and Rebecca Garza, City Secretary, gave staff comments. The City Secretary recommended that Council order a special election. Motion was made by Council Member Morrison, seconded by Council Member Hernandez to pass Resolution No. 2003-R0074 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (56.) Resolution No. 2003-R0075 authorizing the Mayor to execute a Joint Election Resolution with Lubbock County for the May 3, 2003, Special Election to fill the vacancy of Council member, District 6. RESOLUTION NO.2003-R0075 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 a Joint Election Resolution with Lubbock County to conduct the May 3, 2003, Special Election to fill the vacancy in Council District No. 6 as a joint election with Lubbock County, which Joint Election 151 Regular City Council Minutes February 13, 2003 Page 152 Resolution is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of February, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Joint Election Resolution is filed with Resolution No. 2003-R0075. The joint election to be held on May 3, 2002, under provisions of the Texas Election Code and other applicable law and in accordance with the following agreed terms: The City of Lubbock and Lubbock County hereby agree to conduct a joint election on May 3, 2003, as both political subdivisions are required to conduct elections on the same day in all or part of the same territory in the election precincts that can be served by common voting places in accordance with Chapter 271, Texas Election Code. The parties hereto agree as follows: 1. THAT common precinct boundaries and voting places shall be utilized insofar as is practical and expedient. 2. THAT a single set of election officers shall be agreed upon and designated by both parties for the conduct of the election. Such officers shall include those qualified to serve for each individual subdivision. 3. THAT the election shall be administered by Ms. Doris Ruff, County Clerk of Lubbock County, within the limits of Lubbock County with Rebecca Garza, City Secretary of City of Lubbock serving as assistant election officer within the limits of City Council District No. 6 of the City of Lubbock. 4. THAT the preparation of election supplies, contacting of appropriate officials, and all other routine matters for those precincts with voting places within the City of Lubbock shall be the responsibility of Doris Ruff, County Clerk. Rebecca Garza, City Secretary, will provide a set of necessary election forms for each of the City's City Council District No. 6 voting places where a separate form must be used by the two parties to this agreement. 5. THAT each political subdivision shall be responsible for posting its own notices and maintaining records pertaining solely to its own election as custodian of its own records. Each political subdivision also shall be responsible for preparing the ballot for its own election and for conducting a "drawing for place on the ballot," for its own election at a location and time of its own choice. 6. THAT the official canvassing of ballots and announcements of results shall be done individually by each governing body, and the 152 Regular City Council Minutes February 13, 2003 Page153 City of Lubbock shall issue its own certificate of election to the candidate elected in its election. 7. THAT in all precincts where there are voters residing outside the jurisdiction of one of the political subdivisions, but inside the other political subdivision, such voters shall be given ballots containing only the names of those candidates for whom they are qualified to vote. 8. THAT separate ballots and ballot boxes shall be used for this election and that the sealed ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code, shall be used for this election. 9. THAT each party will conduct its own early voting, and the City Secretary is appointed as early voting clerk for the City of Lubbock and the County Clerk is appointed as early voting clerk for Lubbock County. 10. THAT each entity shall pay its proportionate share of the common costs attributable to the joint election activities necessary for the conduct of the joint election. In the event that either party does not conduct an election on May 3, 2003, such party shall be liable only for such joint expenses as are incurred prior to cancellation of its election. The City Secretary recommended approval of this resolution. Don Vandiver, First Assistant City Attorney and Rebecca Garza, City Secretary, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass Resolution No. 2003-R0075 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (57.) Resolution No. 2003-R0076 authorizing the Mayor to approve the creation of an Entertainment Task Force. RESOLUTION NO. 2003-R0076 WHEREAS, the City of Lubbock's entertainment industry has developed talent, venues, and events that are recognized regionally, statewide, nationally and internationally; and WHEREAS, the unique talent, venues, and events in the City of Lubbock have created an awareness of Lubbock and attracts tourists and visitors to our community every year; and WHEREAS, it is important for the City of Lubbock to build upon the potential of its entertainment industry to create new opportunities culturally, artistically, and financially; and WHEREAS, the creation of a task force to help organize the diverse elements that contribute to the success of a strong entertainment industry in the City of Lubbock and to provide direction and support for its growth is essential to ensure the success of the City's entertainment industry in the future; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT an Entertainment Lubbock Task Force 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 Task Force shall be to develop recommendations for the City Council with regard to the development, organization, coordination and funding of events that would take advantage of the various talent and venues associated with the City of Lubbock's entertainment industry while working collectively with entertainment entities throughout the region and that would have a positive impact on tourism within the City. 153 Regular City Council Minutes February 13, 2003 Page 154 2. The Committee will consist of five (5) members appointed by the Mayor. The Mayor shall appoint the Chair from among the members appointed to the Task Force. The City Manager of the City of Lubbock shall appoint a staff liaison to the Task Force. 3. Regular meeting will be held at times and locations established by a majority of the Task Force members. A simple majority shall constitute a quorum, and a majority vote of the quorum shall be required for any action to be taken by the Task Force. 4. The Entertainment Lubbock Task Force members shall serve for a term of one year or until such time as their successors are appointed. 5. Reports shall be presented by the Chairperson of the Task Force to the City Council as requested by the City Council. Passed by the City Council this 13th day of February, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Deputy City Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney This item was placed on the agenda at the request of Mayor McDougal. The Entertainment Task Force will help to organize, provide support and direction to the diverse elements of the entertainment industry in Lubbock. The primary objective of the Committee shall be to develop recommendations for the City Council on the organization and coordination of the various talent, venues, and events of the City of Lubbock's entertainment industry. The Committee will consist of five members appointed by the Mayor. The Mayor will appoint the Chair among the members appointed to the Committee. The City Manager will appoint a staff liaison to the Committee. Mayor McDougal stated that Assistant City Manager Tommy Gonzales would be staff liaison to the Committee. The Mayor recommended approval of this resolution. Council Member Hernandez requested that when the Mayor makes these appointments to this Task Force that they be reflective of this community. Motion was made by Council Member Patterson, seconded by Council Member Boren to pass Resolution No. 2003-R0076 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (58.) Resolution No. 2003-R0077 authorizing the Mayor to execute an Agreement for Professional Services between the City of Lubbock and Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C. RESOLUTION NO. 2003-R0077 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Professional Services between the City of Lubbock and LLOYD, GossELINK, BLEVINS, 154 Regular City Council Minutes February 13, 2003 Page 155 ROCHELLE, BALDWIN & TOWNSEND, P.C., and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of February 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney The City of Lubbock has worked with this law firm on water issues in the past. This Agreement is for the Firm to work on legislative issues dealing with water issues, in particular the issues dealing with Lake Alan Henry. The City staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2003-R0077 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (59.) Consider one appointment to the Health/Educational Facilities Development Corporation Board of Directors Motion was made by Council Member Morrison, seconded by Council Member Patterson to appoint Carolyn Thompson to the Health/Educational Facilities Development Corporation Board of Directors. Motion carried: 6 Yeas, 0 Nays. (60.) Consider two appointments to the Community Development & Services Board. Motion was made by Council Member Morrison, seconded by Council Member Patterson to appoint Emma Jackson and Royce Newsom to the Community Development & Services Board. Motion carried: 6 Yeas, 0 Nays. (61.) Consider seven appointments to Keep Lubbock Beautiful Advisory Committee. Motion was made by Council Member Morrison, seconded by Council Member Patterson to reappoint Felecisima Betts, Beth Bridges, April Howell, and Janie Ramirez and to appoint Kimberly Cappillino, Carole Collier, and Judy Helm to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 6 Yeas, 0 Nays. (62.) Consider three appointments to North Overton Tax Increment Finance District. This item was considered following Item 65. Motion was made by Council Member Morrison, seconded by Council Member Boren to reappoint Walker Metcalf, Ted Rushing, and Margaret Talkington to the North Overton Tax Increment Finance District. Motion carried: 4 Yeas, 0 Nays. Mayor McDougal and Council Member Hernandez recused themselves. 155 Regular City Council Minutes February 13, 2003 Page 156 (63.) Consider two appointments to the Neighborhood Redevelopment Commission. Motion was made by Council Member Morrison, seconded by Council Member Patterson to reappoint Kay Key and Fred Wagner to the Neighborhood Redevelopment Commission. Motion carried: 6 Yeas, 0 Nays. (64.) Consider one appointment to Park & Recreation Board. Motion was made by Council Member Morrison, seconded by Council Member Patterson to reappoint Steve Deaton to the Park & Recreation Board. Motion carried: 6 Yeas, 0 Nays. (65.) Consider one appointment to Permit & License Appeal Board. Motion was made by Council Member Morrison, seconded by Council Member Patterson to appoint Helen Payne to the Permit & License Appeal Board. Motion carried: 6 Yeas, 0 Nays. 10:30 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 1:01 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Hernandez made a motion to adjourn; Council Member Patterson seconded the motion. Motion carried: 6 Yeas, 0 Nays. Read and approved this 1 day of DC Lby , 2005. ATTEST: R ecca Garza, City Secretary , 156