Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 2/27/2003CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING FEBRUARY 27, 2003 7:30 A. M. The City Council of the City of Lubbock, Texas metes rfeigulrst r sessior, ny Haon le 1625 day of February, 2003, in the City Council Chamb , 13th Street, Lubbock, Texas at 7:30 A. M. 7:36 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: Nathan Ziegler, attorney, represented Shawn & Katherine Fuller dba as D&S Mobile Home Center, Inc. He requested further consideration for the zone case request, which was denied. Mayor McDougal stated this would be posted for discussion in Executive Session for the next meeting and that Anita Burgess, City Attorney, would get in touch with Mr. Zeigler. Steve Sexton, owner of Yellow Cab Company, spoke concerning his request for a rate increase. Joe Anderson spoke concerning a claim he has filed with the City. EXECUTIVE SESSION Mayor McDougal stated the City 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. 8:10 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All Council Members were present, except Council Member Cooke. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager; City Secretary). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding 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 deliberate, vote and take final action on a competitive matter regarding wholesale energy enabling agreements between the City of Lubbock and ConocoPhillips, Inc.; Regular City Council Minutes February 27, 2003 Page 212 to discuss, deliberate and take on policies and procedures relating to distribution and transmission infrastructure, service and provision. (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Electric Utilities; Police Department; Water Utilities). (4•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Animal Shelter Advisory Committee Neighborhood Redevelopment Commission Park & Recreation Board West Texas Municipal Power Agency (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Facilities Management; Water Utilities). A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 Work Session was deleted. (6.) Presentation pursuant to Senate Bill 1074 which requires the agency to submit to the governing body of each municipality served by the agency an annual report of the information collected regarding racial profiling. Claude Jones, Chief of Police (20 minutes) This item was deleted. ( 6A.) Discuss West Texas Municipal Power Agency structure and organizational issues (this item will be discussed following consideration of the formal agenda). This item was deleted. 11:12 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Council Member Cooke. Mayor McDougal called the meeting to order at 11:12 A. M. (7.) Invocation by Council Member T. J. Patterson. (8.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. BOARD APPOINTMENTS RECOGNITION Community Development & Services Board Receiving: Emma Jackson Royce Newsom Health/Educational Facilities Development Corp. Receiving: Carolyn Thompson (unable to attend) Keep Lubbock Beautiful Advisory Board Receiving: Kimberly Cappillino (unable to attend) Carole Collier Judy Helm Permit & License Appeal Board Receiving: Helen Payne 212 Regular City Council Minutes February 27, 2003 Page 213 CITIZEN APPEARANCES (9.) Presentation of a Special Recognition to Lubbock Dietetic Association to commemorate March as National Nutrition Month in Lubbock. This item was deleted. (10.) Presentation of a Special Recognition to Nicholas Muniz to recognize his selection to the Oake National Children's Choir in Minneapolis, Minnesota. Nicholas Muniz is a ten-year old student at Wolfforth Elementary. Nicholas has performed musically since an early age and taken the lead in school -sponsored events at his school. Recently, Nicholas auditioned with 400 other students from across the nation for a position on the Oake National Children's Choir, Nicholas was selected to be a part of this elite choir, and he will travel to Minneapolis, Minnesota in March to perform with other musicians from around the United States. The Mayor wished to recognize Nicholas for his hard work and for the honor of being chosen as a member of the Oake National Children's Choir. Nicholas Muniz was present to receive this recognition. (11.) Presentation of a Special Recognition to designate March as American Red Cross Month in Lubbock. This item was deleted. CONSENT AGENDA (Nos. 12-17, 19-22, 25-27) Motion was made by Council Member Patterson, seconded by Council Member Hernandez to approve Items 12-17, 19-22, 25-27 on consent agenda as recommended by staff. Motion carried: 6Yeas, 0 Nays. (12.) Approval of Minutes: February 13, 2003 Regular City Council Meeting (13.) ORDINANCE #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 (second and final reading). 213 Regular City Council Minutes February 27, 2003 Page 214 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. (14.) Resolution No. 2003-R0079 authorizing the City Council to approve an agreement and authorizing the Mayor to execute all related documents with the South Plains Association of Governments as related to pass -through funds from the Texas Department on Aging (TDOA). RESOLUTION NO. 2003-R0079 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, by and between the City of Lubbock and South Plains Association of Governments (SPAG), a Contract for pass - through funds from the Texas Department of Aging, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th 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/ John M. Knight John M. Knight Assistant City Attorney 214 Regular City Council Minutes February 27, 2003 Pa e 215 g A cony of the Contract is filed with Resolution No. 2003-R0079. The City of Lubbock has contracted with the South Plains Association of Governments (SPAG) for the past 23 years to provide services for the senior population. SPAG serves as the pass -through agency for federal funds from the Texas Department on Aging (TDOA). The City of Lubbock Senior Program targets any citizen 60 years or older to provide a hot meal, transportation, recreational and social activities. The FY 2002-03 agreement with SPAG provides reimbursement for meals and transportation. Staff anticipates serving approximately 68,000 meals and approximately 7,000 units of transportation. The reimbursement rates from SPAG are as follows: • Congregate Meals — approximately 28,296 eligible units at $3.64 per unit for $103,000 • Transportation — 1,372 eligible units at $5.83 for $8,000 The total estimated revenue to the City of Lubbock from the SPAG contract is: Congregate Meals $103,000 Transportation $ 8,000 Donations $ 65,076 $176,076 Staff recommended approval of this resolution. (15.) Resolution No. 2003-R0080 approving recommendations from the Lubbock Arts Alliance, Inc., for the second of two grant periods for 2001/02. RESOLUTION NO. 2003-R0080 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorized and approves for and on behalf of the City of Lubbock, the Arts Alliance to award all of the final period grants for 2002-2003 recommended by the Lubbock Arts Alliance Grants Review Committee. The list of disbursements from the Lubbock Arts Alliance requesting approval of the final period grants 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 27th day of February, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Catherine Prose Catherine Prose Interim Buddy Holly Center Director APPROVED AS TO FORM: /s/ �Jilliam de Haas William de Haas Contract Manager/Attorney 215 Regular City Council Minutes February 27, 2003 Page 216 A copy of the list of disbursements from the Lubbock Arts Alliance is filed with Resolution No. 2003-R0080. On May 9, 2002 the Lubbock City Council approved an agreement to pay the Lubbock Arts Alliance, Inc. $152,151.39. The agreement stipulates that the funds are to be used in making grant awards to cultural arts organizations for the encouragement, promotion, improvement, and application of the arts. The funds represent seven percent of the hotel/motel tax collected during the fiscal year ended September 30, 2001. In reviewing requests and developing funding recommendations for each application, the Grants Review Committee followed guidelines that were approved as part of the May 9, 2002, agreement. The grants review committee, composed of appointments by City Council and representatives of the Lubbock Arts Alliance, evaluated applications and submitted their recommendations to the City Council for approval. The Lubbock City Council was now asked to approve $69,350 in grant awards for the second grant period for 2002/2003. Twenty applications were received on the December 1, 2002 deadline and all were recommended for full or partial funding. A listing of the recommendations from the Lubbock Arts Alliance Grants Review Committee was enclosed in agenda backup. Lubbock Arts Alliance, Inc. recommended approval of this resolution. (16.) Resolution No. 2003-R0081 authorizing the Mayor to execute an agreement with the Lubbock Arts Alliance to administer the art grant program. RESOLUTION NO.2003-R0081 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 by and between the City of Lubbock and the Lubbock Arts Alliance, Inc., to administer the art grant program, and related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of February, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Catherine Prose Catherine Prose, Interim Buddy Holly Center Director APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2003-R0081. 216 Regular City Council Minutes February 27, 2003 Page 217 For the past 20 years, the Lubbock City Council has partnered with the Lubbock Arts Alliance, Inc., whereby the Arts Alliance manages a grant program designed to encourage and promote all forms of art in the Lubbock community. Funding for the grant program is allocated from 5.71429% of the total hotel/motel tax collected during the previous fiscal year. The 2003/2004 agreement provides for a total of $142,207, which is 5.71429% of the total hotel/motel tax collected during the fiscal year ended September 30, 2002. The agreement provides that a joint review committee, represented by the Lubbock Arts Alliance, Inc., and appointments by the Lubbock City Council, evaluate applications from community arts organizations for the art grants. The grants review committee then makes recommendations to the City Council for awarding of the grant funds. Upon approval by the Lubbock City Council, the Lubbock Arts Alliance, Inc., using funds received from the city, will allocates funds for the approved programs. The Lubbock Arts Alliance is responsible for monitoring and administering all aspects of the grant program. Lubbock Arts Alliance, Inc. recommended approval of this resolution. (17.) Resolution No. 2003-R0082 authorizing the Mayor to execute a monitor well permit with Llano -Permian Environmental, for two street right-of- way monitor wells (1613 34'h Street and 1603 351h Street). RESOLUTION NO.2003-R0082 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License and/or City Public Grounds Monitor Well Permit with associated documents, between the City of Lubbock and Llano - Permian Environmental. Said agreements are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th 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 Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreements is filed with Resolution No. 2003-R0082. This monitor well permit allows Llano Permian Environmental of Amarillo to drill two ground water monitor wells on City street right-of- way. The first well is located in the south parkway of 34`h Street approximately 73 feet west of Avenue P. The second well is located in the south parkway of 35`h Street approximately eight feet west of Avenue P. 217 Regular City Council Minutes February 27, 2003 Page 218 Balch Oil Company at 1550 34`h Street had an underground leaking fuel tank. TCEQ has requested that they go off site with two monitor wells, in addition to what they have already drilled on their property. This permit is for 20 years, payable every 5 years in advance. All utilities are in agreement and the City will receive $200 per year for these two monitor well locations. The Right -of -Way Department recommended approval of this resolution. (18.) Resolution No. 2003-R0094 authorizing the Mayor to execute an Amendment to Contract No. 51305F-1017 with the Texas Department of Transportation (TxDOT) for operating assistance for Citibus. This item was considered following Item 27. RESOLUTION NO.2003-R0094 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an amendment to Contract No. 51305F-1017 for operating assistance, by and between the City of Lubbock and Texas Department of Transportation (TxDOT), and related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of November, 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/ William de Haas William de Haas Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2003-R0094. The Governor, Lt. Governor, and Speaker of the House recently asked all state agencies to review current year (FY2003) budgets in an attempt to reduce General Revenue (GR) expenditures through August 31, 2003. Each agency was required to file a plan this week with outline methods to reduce GR expenditures by 7%. Public Transportation is one of the TxDOT functional areas that receive GR funds. TxDOT originally allocated $1,229,354 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system, Citibus, for Fiscal Year 2002-2003. The $1,229,354 is included in the Citibus budget for FY 2002-2003 and was reduced to $1,216,38, making the reduction $13,316. This contract will terminate on August 31, 2003. This will mean less carryover funds into next year's budget. There will be no additional cost to the City of Lubbock. Citibus recommended approval of this resolution. 218 Regular City Council Minutes February 27, 2003 Page 219 John Wilson, Citibus General Manager, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Martin to pass Resolution No. 2003-R0094 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 24. (19.) Resolution No. 2003-R0083 authorizing acceptance of water and sanitary sewer improvements for Lots 1-42, Cedar Meadows Addition to the City of Lubbock, Lubbock County, Texas at 77'h Street and Avenue P. RESOLUTION NO.2003-R0083 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 1- 42, CEDAR MEADOWS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1— 42, Cedar Meadows Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $101,764.62 with the improvements constructed by Utility Contractors of America having a value of $91,782.26 as determined by the unit prices established by said Chapter 28, and $9,982.36 cash paid to the City, which amount includes $6,427.69 cash for adjacent lines, with Joe Stettheimer Development, LLP, the developer, to receive a refund of $64,538.17 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $64,538.17 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this day 27th of February, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary API ROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water Utilities -Public Works APPROVED AS TO FORM: /s/ Linda Chamales Lin Chamales, Supervising Attorney/Office Practice 219 Regular City Council Minutes February 27, 2003 Page 220 This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $101,764.62 and has a value of $91,782.26 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $9,982.36, which includes $6,427.69 for adjacent mains. The developer, Joe Stetthiemer Development, LLP, will receive a refund of $64,538.17 in accordance with Chapter 28. There is no refund deposit. The subdivision is located between Avenues M and P on 77th Street. Staff recommended approval of this resolution. (20.) Resolution No. 2003-R0084 authorizing acceptance of water and sanitary sewer improvements for Lots 165-219, South Pointe Addition to the City of Lubbock, Lubbock County, Texas along 79th and 80tn Streets between Avenues S and U. RESOLUTION NO. 2003-R0084 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 165 — 219, SOUTH POINTE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 165 — 219, South Pointe Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $78,257.71 with the improvements constructed by Utility Contractors of America having a value of $64,422..00 as determined by the unit prices established by said Chapter 28, and $13,835.71 cash paid to the City, which amount includes $3,899.65 cash for adjacent lines, with Lubbock Land Co., Five Ltd. the developer, to receive a refund of $18,619.90 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $18,137.84 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. 220 Regular City Council Minutes February 27, 2003 Page �21 Passed by the City Council this day 27th of February, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ R+ebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water Utilities -Public Works APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $78,257.71 and has a value of $64,422 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $13,835.71, which includes $3,899.65 for adjacent mains. The developer, Lubbock Land Co., Five Ltd., will receive a refund of $18,619.90 in accordance with Chapter 28. There is no refund deposit. The subdivision is located along 79`h and 80d' Streets between Avenues S and U. Staff recommended approval of this resolution. (21.) Resolution No. 2003-R0085 authorizing acceptance of water and sanitary sewer improvements for Lots 218-295, Stonebrook Addition to the City of Lubbock, Lubbock County, Texas between 103rd and 1051" Streets from Elgin to Flint Avenues. RESOLUTION NO.2003-R0085 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 218 - 295, STONEBROOK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 218 - 295, Stonebrook Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $ 122,087.19 with the improvements constructed by Weaver Ditching Services, Inc., having a value of $82,261.65 as determined by the unit prices established by said Chapter 28, and $39,825.54 cash paid to the City, which amount includes $0.00 cash for adjacent lines, with Rothwell Development, Ltd. the developer, to receive a refund of $23,660.30 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 221 Regular City Council Minutes February 27, 2003 Page 222 SECTION 2. THAT the refundable cost in the amount of $23,660.30 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 27th day of February, 2003. ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /S/ MARC MCDOUGAL MARC MDOUGAL, MAYOR /s/ Chester Carthel Chester Carthel, Chief Engineer, Water Utilities- Public Works APPROVED AS TO FORM: Is/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $122,087.19 and has a value of $82,261.65 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $39,825.54, which includes $0.00 for adjacent mains. The developer, Rothwell Development, Ltd, will receive a refund of $23,660.30 in accordance with Chapter 28. There is no refund deposit. The subdivision is located between 103`d and 105th Streets from Elgin to Flint Avenues. Staff recommended approval of this resolution. (22.) Resolution No. 2003-R0086 authorizing acceptance of water and sanitary sewer improvements for Lots 171-276, Meadow South Addition to the City of Lubbock, Lubbock County, Texas on 101st Street and 101s` Place between Chicago and Elkhart Avenues. RESOLUTION NO.2003-R0086 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 171 — 276, MEADOWS SOUTH ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 171 - 276, Meadows South Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $ 200,602.52 with the improvements constructed by Weaver Ditching Services, Inc., having a value of $169,632.35 as determined by the unit prices established by said Chapter 28, and $30,970.17 cash paid to the City, which amount includes $0.00 cash for adjacent lines, with Levinson -Mackenzie Development Partnership, the developer, to receive a refund of $49,489.44 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and 222 Regular City Council Minutes February 27, 2003 Page 223 WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $49,489.44 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 27th day of February, 2003. /S/ MARC MCDOUGAL MARC MDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water Utilities -Public Works APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $200,602.52 and has a value of $169,632.35 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $30,970.17, which includes $0.00 for adjacent mains. The developer, Levinson -Mackenzie Development Partnership, will receive a refund of $49,489.44 in accordance with Chapter 28. There is no refund deposit. The subdivision is located on 101" Street and 101" Place between Chicago and Elkhart Avenues. Staff recommended approval of this resolution. (23.) Resolution No. 2003-R authorizing the Mayor to execute an Interlocal Agreement for the installation of water and sanitary sewer improvements for the Texas Tech University Jerry Rawls Golf Course Facilities. This item was deleted. (24. Resolution No. 2003-R00951RFP #108-02/RS—authorizing the Mayor to execute a contract with Unique Management Services Inc. for the purpose of recovering fines and long overdue materials for the Lubbock City -County Public Library (Library). This item was considered following Item 18. 223 Regular City Council Minutes February 27, 2003 Page 224 RESOLUTION NO.2003-R0095 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 collection agency services for Lubbock City -County Library, by and between the City of Lubbock and Unique Management Services, Inc. of Jefferson, Indiana 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 27th 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 Contract is filed with Resolution No. 2003-R0095. In October, 2001 the Library began conducting a six month long internal study to track losses stemming from the circulation process. These losses were from "delinquent" materials checked out by library patrons. They represent a loss of both library materials purchased at public expense, as well as the uncollected "overdue" fines. Our study concluded that the loss rate is an average 14 items per day. The library will spend approximately $164,000 per year to replace these lost materials, which represents 38% of the new materials budget. Proposals for collection agency services were received from the following companies: Unique Management Services, Inc. of Jeffersonville, IN Lam, Wang, & Lyn of Houston, TX Jeff Rippel, former Library Director; Andy Burcham, Cash & Debt Manager; and Mark Yearwood, Assistant Director of Information Technology, evaluated the responses. Each response was evaluated on a weighted scale of firm's qualifications/experience (30%), automation capabilities (30%), cost of services (30%), and understanding of library needs. Unique Management Services Inc. scored higher than the other firm on all criteria. As a firm which deals only with the needs of libraries, the most significant factor in its selection is an automated "debt collection" module. This software interfaces with the Library's integrated automation system. The contract amount is $9.95 for each record that Unique Management Services attempts to collect. Unique Management Services has a budget neutral guarantee that states that the Library will recover at least enough money to pay for the cost of the service in addition to the materials recovered. Staff recommended contract award to Unique Management 224 Regular City Council Minutes February 27, 2003 Page 225 Services, Inc. of Jeffersonville, Indiana. Revenue from this contract will be credited to the Library Fines budget. Twelve local firms were invited to submit proposals for these services. Tommy Gonzales, Assistant City Manager and Victor Kilman, Purchasing Agent, gave staff comments. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2003-R0095 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Martin voted Nay. The next item considered was Item 28. (25.) Resolution No. 2003-110087BID #285-02BM—for Traffic Signal Shaft and Arm Assemblies (Traffic Engineering). RESOLUTION NO.2003-R0087 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for a traffic signal, shaft and arm assemblies, by and between the City of Lubbock and Reliapole Solutions, Inc. of Tomball, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th 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 Purchase Order is filed with Resolution No. 2003-R0087. This bid is for the purchase of traffic signal arm assemblies to replace existing signal arms that are too short. The extra length is required to make the left turn signal head on the end of the arm extend out to the appropriate left turn lane. This allows "masking" the vision of the signal indications, which is necessary in order to affect Dallas phasing. The work will be done on arterials within the City of Lubbock as the project Xrogresses. Dallas phasing has already been installed along Slide Road (50 —82°d) and 501h Street (Slide Road to Avenue L). These signal arm assemblies will be at various signalized intersections along arterials in the City of Lubbock. This will provide better coordination by allowing use of different phasing at certain signalized intersections. Three companies submitted bids to the City of Lubbock Traffic Engineering for Traffic Signal Arm Assemblies. These companies are: 225 Regular City Council Minutes February 27, 2003 Page 226 ReliaPOLE Solutions, Inc. of Tomball, TX $ 76,415 Valmont Industries of Dallas, TX $ 86,893 Structural & Steel Products of Fort Worth, TX $103,695 The evaluation criteria included Texas Department of Transportation specifications. Each company met these specifications. ReliaPOLE bid a Trans American Power Products (TAPP) brand product. Since ReliaPOLE has not previously bid on traffic arm assemblies for the City of Lubbock; references were requested. The following references were contacted. 1. City of College Station, Texas has TAPP product in stock, but they have not been installed and appear to meet specifications. 2. City of Overland Park, Kansas has used TAPP on one project with no problems and is awaiting another shipment from ReliaPOLE. 3. City of Topeka, Kansas has used TAPP products for a couple of years with no failures or problems. 4. City of San Antonio, Texas has used ReliaPOLE for a couple of years. When San Antonio had a problem with the threads on the shafts and anchor rods, they had communication problems getting the threads tapped, but did get the issue resolved. Staff recommended bid award to the lowest responsible bidder, ReliaPOLE Solutions, Inc. of Tomball, Texas, for the total bid amount of $76,415. A total of $4,685,200 was appropriated and $1,857,423 is available in project number 9296 Computer System Design for this purpose. This bidder has agreed to sell this item to other governmental entities that have cooperative purchasing agreements with the City of Lubbock. Four local businesses were invited to submit bids for this equipment. (26.) Resolution No. 2003-110088; Resolution No. 2003-110089; Resolution No. 2003-110090; Resolution No. 2003-110091; Resolution No. 2003- R0092/ BID #007-03/DC—for Office Furniture —Annual Pricing (Various Departments). RESOLUTION NO.2003-R0088 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 office furniture — annual pricing, by and between the City of Lubbock and Hester's/McGlaun of Lubbock, Texas and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 226 Regular City Council Minutes February 27, 2003 Page, 227 Passed by the City Council this 27th day of February, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Reb cca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Vict r Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight Jo Knight, Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2003-R0088. RESOLUTION NO.2003-R0089 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 office furniture — annual pricing, by and between the City of Lubbock and Baker Office Products of Lubbock, Texas and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of February, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR AT' EST: Is/ Rebecca Garza Reb cca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Vic or Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Jbh Knight John Knight, Assistant City Attorney A c�py of the Letter of Award is filed with Resolution No. 2003-R0089. RESOLUTION NO.2003-R0090 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 office furniture — annual pricing, by and between the City of Lubbock and Gage Van Horn and Associates of Lubbock, Texas and related documents. Said Letter of Award is attached 227 Regular City Council Minutes February 27, 2003 Page 228 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 27th 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-R0090. RESOLUTION NO. 2003-R0091 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 office furniture — annual pricing, by and between the City of Lubbock and Sav-On Office Supplies of Fort Worth, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th 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-RO091. 228 Regular City Council Minutes February 27, 2003 Page 229 RESOLUTION NO.2003-R0092 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 office furniture — annual pricing, by and between the City of Lubbock and Demco, Inc. of Lubbock, Texas and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th 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 establishes annual pricing for the purchase of office furniture for City of Lubbock departments. Bids are stated as a discount off the manufacturer's retail catalog price at time of order. Highest discounts for various brands of office furniture were received from the following companies: Baker Office Products of Lubbock, TX (72 Items) SEWCO dba Hester's/McGlaun of Lubbock, TX (27 Items) Gage Van Horn & Associates of Lubbock, TX (18 Items) Sav-On Office Supplies of Ft. Worth, TX (I I Items) Demco, Inc of Madison, WI (1 Item) Item 7 on the tab sheet includes tie bids for La-Z-Boy and United brand office chairs from Hester's/McGlaun of Lubbock, Texas and Sav-On Office Supplies of Fort Worth, Texas. Local Government Code Chapter 271.901 states that the procedure for awarding a contract if a municipality or district receives identical bids is as follows: (a) If a municipality or district is required to accept bids on a contract and receives two or more bids from responsible bidders that are identical in nature and amount as the lowest and best bids, the governing body of the municipality or district shall enter into a contract with only one of those bidders and must reject all other bids. (b) If only one of the bidders submitting identical bids is a resident of the municipality or district, the municipality or district must select that bidder. If two or more of the bidders submitting identical bids are residents of the municipality or district, the municipality or district must select one of those bidders by the casting of lots. In all other cases, the municipality or district must select from the identical bids by the casting of lots. 229 Regular City Council Minutes February 27, 2003 Page 230 (c) The casting of lots must be in a manner prescribed by the mayor of the municipality or the governing body of the district and must be conducted in the presence of the governing body of the municipality or district. All qualified bidders or their legal representatives may be present at the casting of lots. Consequently, staff recommended bid award for La-Z-Boy and United brand office chairs to Hester's/McGlaun of Lubbock, Texas as shown on the tab sheet for Item 7. Staff recommended bid award to the above listed bidders offering the highest discounts for various brands of office furniture. The City purchases approximately $175,000 of contract office furniture annually with the various departments' Office Supplies and Furniture budgets. Nineteen local businesses were invited to submit bids for this item. (27.) Resolution No. 2003-R0093/ BID #016-03/DC—for Berry Park Renovations (Parks and Recreation). RESOLUTION NO. 2003-R0093 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 Berry Park renovations, by and between the City of Lubbock and Wallace Sprinkler, 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 27th 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 27th 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 Wallace Sprinkler, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. 230 Regular City Council Minutes February 27, 2003 Page 231 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 #016-03/DC - Park Renovations for Berry Park - $156,680.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) Wallace Sprinkler, Inc. By: hMarc McDougal By: /s/ Tracy Wallace 'Mayor ATTEST: /s/ Rebecca Garza. City' Secretary APPROVED AS TO CONTENT: /s/ Brett Glenn O er's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney PRINTED NAME: Tracy Wallace TITLE: Pesident COMPLETE ADDRESS: Wallace Sprinkler, Inc. 5522 84th Street Lubbock, TX 79424 ATTEST: Sharla Wallace Corporate Secretary This project involves renovations at Berry Park, which will provide an accessible multi -purpose walkway around the park perimeter, an accessible parking area with 14 spaces, and accessible walkways to existing amenities, such as the volleyball court and basketball court. In addition, the existing irrigation system will be replaced with a new automated system that will be more efficient. This project is in response to the City's 1999 Americans with Disabilities Act (ADA) Transition Plan This will provide substantial progress in regards to the City's efforts to comply with ADA requirements. Staff recommended bid award to the lowest responsible bidder, Wallace Sprinkler, Inc. of Lubbock, Texas, for the total bid amount of $216,269. A total of $216,629 was appropriated and $191,001 is available in project number 90018 ADA Upgrade Davis Park for this purpose. Time for completion of this project is 130 days. Liquidated damages are $250 per day. Fifty local contractors and subcontractors were invited to submit bids for this project. 231 Regular City Council Minutes February 27, 2003 Page 232 Staff recommended award of each bid to the bidder as indicated on the tab sheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. The next item considered was Item 18. PUBLIC HEARINGS Zoning (28.) Ordinance No. 2003-00020 - ZONE CASE NO. 2255-L (5906 66rh Street): Hold a public hearing to consider request of Don Boteler for B & W Self Storage, L.L.C. for a zoning change from C-4 to C-4 Specific Use for mini -warehouses on Lot 12A, Spur 327 Business Park Addition. This item was considered following Item 24. ORDINANCE NO.2003-00020 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-L; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE FOR MINI -WAREHOUSES ON LOT 12A, SPUR 327 BUSINESS PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:32 a. in. Don Boteler appeared on behalf of B & W Self Storage, L.L.C. No one appeared in opposition. Mayor McDougal closed the hearing at 11:49 a. in. The proposed project is in conjunction with an existing set of mini storage units north of 66`h Street and west of Frankford Avenue. Adjacent land uses: North — existing mini project South — apartments East — existing project West — vacant, commercial The parcel is a 70 x 200 foot lot that adjoins the entry to the existing complex. The proposed site plan indicated new lockers on the rear of the parcel with parking, landscaping and an area that would accommodate an office or another row of lockers adjacent to 66`h Street. The project is consistent with the Comprehensive Land Use Plan and zoning policies. Since the building adjacent to 66th Street is noted as "future development", the Planning Commission attached an additional condition within the Specific Use Permit requiring an architecturally decorative material be used on the future building face toward 66`h Street (brick, stucco or rock). The Planning Commission recommended approval of the request subject to the following condition: The structure labeled "future development" on the site plan shall have a decorative material (brick, stucco or rock) on the building face adjacent to 66`h Street. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, presented staff comments. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00020 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Hernandez was away from the dais. 232 Regular City Council Minutes February 27, 2003 Page 233 (29.) Ordinance No. 2003-00021 - ZONE CASE NO. 2960 (2509 80`h Street): Hold a public hearing to consider request of Green Real Estate & Investments, Inc. for Fry Construction Co., Inc. for a zoning change from R-1 to GO on Lot 45, Gatewood Addition. ORDINANCE NO. 2003-00021 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2960; A ZONING CHANGE FROM R-1 TO GO ZONING ON LOT 45, GATEWOOD ADDITION, LUBBOCK,TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:32 a. in. Jim Green of Green Real Estate & Investments, Inc. appeared on behalf of Fry Construction Co., Inc. No one appeared in opposition. Mayor McDougal closed the hearing at 11:49 a. m. The request would rezone a residential lot immediately west of the site of a car wash that is in the building plan stages. Sonic Restaurant on 80`h Street and University Avenue is to the southeast. Adjacent land uses: North — retail on University, a garden office west of the retail, a developed duplex zoned lot, a developed single family zoned lot and a church occupy the balance of the north block face South — vacant residential (zoned for duplex) East — the site of a Quick Quack car wash West — single family residential The property from Loop 289 to 82nd Street along University was subjected to strip zoning years ago. Various zone cases since then have moved the zoning to more than the original depth off University at different locations. On the block in question, the commercial is four lots deep from University, with this proposed garden office site being the 5`h lot west of University. As noted, the north side of 80`h Street is a combination of retail (two lots), garden office (one lot), a duplex lot (one lot), a residential lot (one lot) and an existing nonconforming church (the balance of the block face). The Garden Office District was developed a number of years ago to serve as a buffer, which this proposal will provide for the lots to the west. As such, the request is not contrary to the principles of the Comprehensive Land Use Plan and zoning policy. The GO District standards will require a screening fence for the west and south property lines. The car wash to the east is already required to provide a screening fence. The project will not have a negative impact on the thoroughfare system. The Planning Commission recommended approval of the request. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, presented staff comments. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00021 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Hernandez was away from the dais. 233 Regular City Council Minutes February 27, 2003 Page 234 (30.) Ordinance No. 2003 /ZONE CASE NO. 2961 (4020 34`h Street): Hold a public hearing to consider request of Jerry Hosch for a zoning change from C-2 to C-4 limited to used car sales and all unconditionally permitted C-2 uses on Lots 11, 12, and the west 5 feet of Lot 13, Block 7, Zuni Park Addition. This item was continued Mayor McDougal opened the public hearing at 11:32 a. in. Jerry Hosch appeared on behalf of himself. No one appeared in opposition. Mayor McDougal closed the hearing at 11:49 a. in. The proposal would accommodate a used car lot on the site of a former service station. Adjacent land uses: North — residential South — commercial East — commercial West — commercial The project is not entirely consistent with the Comprehensive Land Use Plan with regard to Plan policy that C-4 uses be limited to state or regional thoroughfares. 34`h Street is not a designated state or federal thoroughfare. The current Plan does indicate the "strip" commercial along 34th Street. As a reminder, other than the statement noted above, the Comprehensive Land Use Plan "Commercial" map color does not indicate the level or intensity of proposed commercial. The zoning process is the proper forum to discuss and make determinations about compatible zoning districts and land use. The strip commercial zoning along most of 34th Street west of Avenue Q is a mixture of C-2 and C-3. A number of the businesses on 34th Street would now be required to be located in C-4 but were a permitted use in C-2 when they were built prior to 1975. During the update of the Zoning Code in the 1970's, many of the heavier uses (including used cars, transmission shops, brake shops, etc.) were moved from C-2 to C-4. Thus, the street has numerous nonconforming uses that would currently require C-4 zoning. A number of C-4 cases have been approved along 34`h Street during the last ten years for car lots (34th and Akron, 34th and Vicksburg) a transmission business (34th and Canton) a mechanic shop (34t' and Boston) and a billboard at 34th Street and Boston. The requests were approved as the one C-4 requested use with a continuation of the permitted C-2 or C-3 uses, depending on the original zoning. In those cases, as in this request, a determination of compatibility needs to confirm that the proposed use will not be an issue for adjacent property owners. The Planning Commission noted a letter of opposition from the owner of two homes on 33`d Street and one adjacent commercial owner. Mr. Hosch indicated that a number of the adjacent commercial owners support his request and will attempt to have that support in writing for the Council meeting. The Planning Commission expressed some concern for the effect of a car lot at this location, but concluded that the effect should not be greater than the last twenty or so years of use as a service station, if the proponent agreed to a limitation of vehicles. Mr. Hosch offered and the Commission agreed to a limitation or maximum of 28 vehicles on the lot. Mr. Hosch will use the former station building as an office for the business. The request will conform to zoning policies and will not impact the thoroughfare system. The Planning Commission recommended approval of the request subject to the following conditions: 234 Regular City Council Minutes February 27, 2003 Page 235 1. The car lot shall have no more than twenty-eight vehicles displayed. 2. The zoning shall be C-4 limited to used vehicle sales and all permitted C-2 uses. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, presented staff comments and stated that he found it suitable for this request to be continued. Council requested that Mr. Hosch be required to file a site plan and also suggested that he visit with the Neighborhood Association. Motion was made by Council Member Patterson, seconded by Council Member Morrison to continue this item until either the March 5, 2003 or March 27, 2003 City Council Meeting. Motion carried: 5 Yeas, 0 Nays. Council Member Hernandez was away from the dais. ADMINISTRATIVE SERVICES Management Services (31.) Resolution No. 2003-R0096 authorizing the Mayor to execute a Deed Without Warranty between the City of Lubbock and Fiestas Del Llano for the property located at 2422 3`d Street. RESOLUTION NO.2003-R0096 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 Deed Without Warranty, by and between the City of Lubbock and Fiestas del Llano, Inc. 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 27th day of February, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Martha Ellerbrook Martha Ellerbrook Director of Management Services APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0096. Since March 23, 2000, Fiestas Del Llano has been leasing the property at 2422 3`d Street. This building is the abandoned Fire Station #4, which was replaced under the Public Safety Improvement Plan and has not been used by a city department since approximately December 1997. City Council recently recommended that, when allowed, properties not being used by city departments be evaluated for divesting so as to reduce liabilities and expenses for maintaining those properties. As such, Fiestas Del Llano, 235 Regular City Council Minutes February 27, 2003 Page 236 Inc. has agreed, by unanimous vote of present board members, to accept ownership of the property located at 2422 3`d Street. Staff recommended approval of this resolution. Martha Ellerbrook, Managing Director, Management Services gave staff comments. Motion was made by Council Member Morrison, seconded by Council Member Boren to pass Resolution No. 2003-R0096 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Hernandez was away from the dais. Purchasing (32.) Resolution No. 2003-110097/13I1) #206-02/RS—to reject all bids for Aerial Lift Trucks (Fleet Services). RESOLUTION NO.2003-R0097 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 reject all bids for aerial lift trucks per ITB# 206-02/RS for and on behalf of the City of Lubbock. Said bid 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 27th 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 /s/ John Knight John Knight, Assistant City Attorney A copy of the bid is filed with Resolution No. 2003-R0097. This bid is for the purchase of aerial lift trucks to replace bucket trucks and hydraulic derricks for Lubbock Power and Light. The low bids total $755,379. A total of $1,376,895 was appropriated and $1,371,590 is available in project number 90272 Light/Heavy Vehicles 2002-03 for this purpose. Management has decided not to make this expenditure at this time. Staff recommended City Council reject all bids. Twenty-eight local businesses were invited to submit bids for this equipment. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2003-R0097 to reject all bids as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Hernandez was away from the dais. 236 Regular City Council Minutes February 27, 2003 Page 237 (33.) Resolution No. 2003-R0098/BID #268-02/RS—to reject all bids for Skid Mounted Liquid and Sludge Excavation Unit (Fleet Services). RESOLUTION NO.2003-R0098 BE �T 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 reject all bids for skid mounted liquid and sludge excavation unit per ITB# 268-02/RS for and on behalf of the City of Lubbock. Said bid 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 27th day of February, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victory Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney This bid is for the purchase of a skid mounted liquid and sludge excavation unit to be used by Lubbock Power and Light Electric Distribution Department for the removal of sludge and mud, while boring under streets and sidewalks to install underground lines. The low bid meeting specifications is $32,638.40 from Ditch Witch Southwest of Lubbock, Texas. A total of $35,000 was appropriated and $34,830 is available in project number 90259 Vacuum Excavation System for this purpose. Management has decided not to make this expenditure at this time. Staff recommended City Council reject all bids. Forty-nine local businesses were invited to submit bids for this equipment. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2003-R0098 to reject all bids as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Hernandez was away from the dais. (34.) Resolution No. 2003-R0099/RFQ #283-02/VK—for A/E Services for Phase One Bond Issue One of the Project Plan in "Overton Park" (Business and Neighborhood Development). RESOLUTION NO.2003-R0099 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Senior Council Member 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 and associated documents with Parkhill, Smith & Cooper, Inc. for Architectural/Engineering Service for designing the streetscaping around the property bordered by 8th Street, Avenue V, Avenue W and Main Street in the North Overton Tax Increment Financing Reinvestment Zone. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 237 Regular City Council Minutes February 27, 2003 Page 238 Passed by the City Council this 27th day of February, 2003. /S/ T.J. PATTERSON T.J. PATTERSON, SENIOR COUNCIL MEMBER ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director of Planning and Transportation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section The purpose of this resolution is to contract with Parkhill, Smith & Cooper, Inc. (PSC) of Lubbock, Texas to develop the Streetscape Plan and construction documents for Overton Park. This particular contract is to develop the public improvements for the Dinerstein student housing project currently being constructed. Three architectural/engineering firms submitted statements of qualifications: Parkhill, Smith & Cooper of Lubbock, TX KDC-Turner Partners of Lubbock, TX Gideon Toal of Fort Worth, TX A selection committee was appointed by the Managing Director of Planning and Transportation to review and rank the firms listed above. The evaluation team consisted of Rob Allison, Keith Smith, and Corbin Pemberton. The committee used the basic evaluation methods in the Evaluation Procedures for Competitive Negotiation for Professional & Non -Professional Services of the City Purchasing Department. The process included a review by each team member of statements of qualifications submitted by each candidate and an oral presentation by each candidate. Each firm was evaluated on their statement of qualifications, as well as their oral presentation. After discussion of the evaluation criteria, each team member ranked each firm. PSC ranked the highest with a score of 12.80. KDC-Turner Partners ranked second with a score of 12.65. Gideon Toal ranked third with a score of 10.65. Staff recommended contract award to Parkhill, Smith & Cooper of Lubbock, Texas. PSC displayed a good understanding of the scope of the project and how the issues could be developed, so that the best solution can be achieved. The amount of the contract is $22,500, plus additional services not to exceed $8,787, and invoiced at an hourly rate. A total of $992,643 was appropriated and $908,137 is available in project number 8450 Central Lubbock Special Projects for this purpose. The additional services will be for coordination efforts between PSC, the utility companies, and Dinerstein and will be reimbursed by North Overton TIF revenues. Forty-five local firms were invited to submit statements of qualifications for these services. 238 Regular City Council Minutes February 27, 2003 Page 239 Staff recommended award of each bid to the bidder or rejection of bid 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. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2003-R0099 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Mayor McDougal recused himself. Council Member Hernandez was away from the dais. COMMUNITY SERVICES Parks and Recreation (35.) Resolution No. 2003-R authorizing the Mayor to execute a Professional Services Contract with Parkhill, Smith & Cooper, Inc. for the Master Plan, Marketing Plan and Environmental Permitting for the proposed Canyon Lakes Dam #4. This item was deleted. DEVELOPMENT SERVICES Right -of -Way (36.) 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 (1212 Avenue N) (first reading). This item was deleted. (37.) Resolution No. 2003-RO100 authorizing the Mayor to execute a street - use license with Arthur Evans and Catherine Evans for the use of a City street for a wood and brick fence encroachment (4622 7th Street). RESOLUTION NO.2003-ROIOO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License with associated documents with Arthur Evans and Catherine Evans for a wood and brick fence. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th 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 Chamales Linda Chamales Supervising Attorney/Office Practice 239 Regular City Council Minutes February 27, 2003 Page 240 A copy of the agreements is filed with Resolution No. 2003-RO100. 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 nine -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 two 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 and is built at this location due to several existing trees on their property line. The Right -of -Way Department has valued land in this area at $3.25 per square foot. Using the street -use license formula, staff obtained a cost due the City of: 330 square feet X $3.25 = $1,072.50 X 10% _ $107.25 per year. This street -use license will be for twenty years, payable every five years in advance. The City will receive $536.25 for each five-year period. Staff generally recommends against granting street use licenses in single- family residential areas. The City Council should consider a ach such request on its unique circumstances. If a street use license is granted, Council action should specifically reflect that no precedent or change in policy is intended, much the same way the Zoning Board of Adjustment operates. Staff had no specific objections to granting the street -use license to Dr. and Mrs. Evans. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2003-RO100 as recommended by staff in that no precedent or change in policy is intended. Motion carried: 5 Yeas, 0 Nays. Council Member Hernandez was away from the dais. ELECTRIC UTILITIES (38.) Resolution No. 2003-R authorizing the Mayor to enter into an agreement engaging the professional services of an external audit firm, Ernst & Young LLP, to review and define Lubbock Power and Light and West Texas Municipal Power Agency cost sharing processes with the participation, financially and otherwise, of the other WTMPA member cities in the audit. This item was deleted. (38A.) Resolution No. 2003-R authorizing the Mayor to enter into a services agreement with West Texas Municipal Power Agency for the City of Lubbock to provide management and related services for the wholesale power purchases on behalf of WTMPA and provide compensation to City of Lubbock for same. This item was deleted. Council Member Hernandez returned to the dais. (39.) To discuss notice of rate increase submitted by Yellow Cab, and to take appropriate action. Yellow Cab has submitted a request to increase rates due to increased costs in all sectors of their business, but especially gas prices in the last year. Other reasons they have stated are: increase in chauffeur permit fees by the City of Lubbock from $25 to $45; consumer price index was 172 in year 2000, and now 181; and Yellow Cab has not increased rates since year 2000. They want to increase meter rates from $1.40 to $1.50 per mile. Section 27-59 of the Code of Ordinances of the City of Lubbock says that 30 days prior to the implementation of any rate increase under this article, the permit holder shall file the proposed schedule of rate increases with the city secretary, together with sufficient financial disclosures to justify said 240 Regular City Council Minutes February 27, 2003 Page 241 increase. The rate increase shall become effective thirty days after filing unless a public hearing is required to determine the reasonableness of the proposed increased rates. If the City Council determines that there exists a question as to the reasonableness of the proposed increased rates, it shall hold a public hearing, at which hearing the permit holder shall show cause why such proposed increased rates are not unreasonable. City Council can either grant the rate increase, or if it is determined that additional information is needed, they can call a public hearing and direct staff to obtain additional information. Council Member Morrison stated in the future having a "fuel adjustment factor". Mayor McDougal stated that since the ordinance is not set up this way, Council could get with the City Secretary and ask her to relook at this ordinance and bring a proposal back. Council Member Morrison requested that the City Secretary take a look at this ordinance and maybe to whatever staff level or additional input there needs to be and also as it pertains to other businesses. Council Member Martin requested that Victor Kilman, Purchasing Agent, keep a record of "rack rate" on fuel. The Council would then be able to verify that rate and allow an adjustment to people who had fuel costs. He also suggested that the rate be increased from $1.40 to $1.50, with the understanding, that when gas prices drop, this should revert to $1.40. Motion was made by Council Member Patterson, seconded by Council Member Martin to pass the rate increase. Motion carried: 6 Yeas, 0 Nays. BOARD APPOINTMENTS (40.) Consider three appointments to the Libraries Board. Motion was made by Council Member Morrison, seconded by Council Member Patterson to appoint Helen Holley, Margaret Ingraham and Jackie Porch to the Libraries Board. Motion carried: 6 Yeas, 0 Nays. 12:04 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room 8:30 P.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Mayor McDougal announced the resignation of City Manager Bob Cass and the interim appointment of Tommy Gonzalez to that position. 8:45 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Morrison adjourned the meeting. Real and approved this 4v1 day of WiDb ff , 2005. ARC OUGAL, MAYOR ATTEST: L Rebecca Garza, City Secretary 241