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
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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).
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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:
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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,
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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.
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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.
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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.
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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
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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
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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