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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/5/2003*CORRECTED PAGE* CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MARCH 5, 2003 7:30 A. M. The City Council of the City ofLubbck, Texasil Chamberm first flooret in laCityssion Hall,o1625e13th day of March, 2003, in the Cl ty Counc Street, Lubbock, Texas at 7:30 A. M. 7:30 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 Five citizens expressed comments to the Council. They were: Jonathan Pruessner appeared in opposition to Zone Case 2961, Item 23A, on today's agenda. Steve Dickinson appeared concerning application for vendor's permit to sell bait at Lake Alan Henry. Rick Lujan, owner of Lakeside Automotive and Lakeside Grocery near Buffalo Lake, appeared concerning getting City of Lubbock water connected for his businesses. Kristi Hahn and Denise Salmon, as representatives of Crestview Elementary, appeared concerning crosswalks for their school. Joe Anderson spoke concerning a claim he 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. *7:54 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. Regular City Council Meeting March 5, 2003 Page 244 (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; Fire Department; Planning Department; 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: North Overton TIF Permit & License Appeal Board Community Relations Commission Youth Commission (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 (Parks Department; Water Utilities). 9:49 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; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Council Member Cooke Mayor McDougal called the meeting to order at 9:49 A. M. (6.) Invocation by Pastor David Langford, Senior Pastor, Quaker Avenue Church of Christ ( 7.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. BOARD APPOINTMENTS Health/Educational Facilities Development Corp. Receiving: Carolyn Thompson (unable to attend) CITIZEN APPEARANCES ( 7A.) Presentation of Special Recognition to Lubbock Dietetic Association to commemorate March as National Nutrition Month in Lubbock. Sita Bushan, a junior at Lubbock High School, has been working with the Lubbock Dietetic Association and their "Nutrition on the Run" event. In an effort to promote the run, which is being held on March 29 at Mackenzie Park, Sita asked that March be recognized as National Nutrition Month in Lubbock. Nutrition plays an important role in society by creating a healthy lifestyle through the making of informed food choices and the development of sound eating and physical habits. National Nutrition Month is in its 30`h year and strives to make people aware of the need for proper nutrition and exercise. Gina Jarmine, Tracy Cook and other Lubbock Dietetic Association members were present to receive a special recognition commemorating March as National Nutrition Month in Lubbock. ( 7B.) Presentation of Special Recognition to designate March as American Red Cross Month in Lubbock. The American Red Cross is one of our Nation's oldest and most renowned charitable organizations. It provides help, hope, and healing when disasters or other crises strike countries, communities, or families around the world. Founded in 1881 by Clara Barton, the American Red Cross was chartered by the Congress in 1905 to provide aid in times of need. Each year, the Red Cross responds to more than 67,000 disasters nationwide. 244 Regular City Council Meeting March 5, 2003 Page 245 These include natural disasters, thousands of home fires, and catastrophic emergencies. Joann Jackson, Executive Director and Rex Castle, Board Chair, of American Red Cross accepted the special recognition commemorating March as American Red Cross Month. (8.) Presentation of a Special Recognition to Cavazos Junior High School art students and educators to commemorate March as Youth Art Month in Lubbock. Youth Art Month is an annual observation each March to emphasize the value of art education for all children and to encourage public support for quality school art programs. The National Art Education Association created Children's Art Month in 1961 as a service to art educators and the public. Art students and teachers at Cavazos Junior High School will be celebrating Youth Art Month throughout the month of March with various activities that will highlight the talent of Cavazos students and bring awareness of the importance of art education for our youth. Tiffany Davis, Computer Art Teacher, and approximately 20 students from Cavazos Junior High accepted this special recognition commemorating March as Youth Art Month in Lubbock. In addition, students videotaped the presentation and will broadcast it to the student body on CTV, the "in -school" broadcast channel. CONSENT AGENDA (Nos. 9-11, 14-19, 21-23) Motion was made by Council Member Patterson, seconded by Council Member Morrison to approve Items 9-11, 14-19, 21-23 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (9.) Approval of Minutes: February 20, 2003 Special City Council Meeting (10.) ORDINANCE #2003-00020—ZONE CASE NO. 2255-L (5906 60 Street): 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 (second and final reading). 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. (11.) ORDINANCE #2003-00021—ZONE CASE NO. 2960 (2509 80`h Street): Request of Green Real Estate & Investments, Inc. for Fry Construction Co., Inc. for a zoning change from R-2 to GO on Lot 45, Gatewood Addition (second and final reading). (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. 12.) ORDINANCE 42003-0 —ZONE CASE NO. 2961 (4020 34`h Street): 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 (second and final reading). 245 Regular City Council Meeting March 5, 2003 Page 246 This item was deleted. (13.) Ordinance No. 2003-0 abandoning and closing portions of 51h Street, 6'h Street, and Avenue F and alley portions located in or adjacent to Blocks 10, 26, 27, 42, and 43, Original Town Addition to the City of Lubbock (701 5'h Street) (first reading). This item was considered following Item 23. This item failed as a result of no action. This ordinance abandons and closes a portion of 5 h Street and a portion of 6'h Street between Avenue E and Avenue G, a portion of Avenue F between 5'h Street and 7 h Street and the four 20-foot wide north -south alleys in Blocks 26, 27, 42, and 43 of the Original Town Addition. These street and alley areas are being closed for replat purposes by Kyle Zahn for a large flea market and trade center. Mr. Zahn was not the original dedicator of these areas being closed, so there will be a charge for them. The total area of these street and alley portions being closed amount to 133,729.20 square feet and this area has been appraised at $00.30 per square foot for a total of $40,118.76. In the replat, these street and alley areas being closed will remain as easements for drainage and utilities, so the charge for these areas being closed will be 50% of $40,118.76 or $20,059.38 due the City. The Right -of -Way Department recommended approval of the first reading of this ordinance. Ed Bucy, Right -of -Way Agent, gave staff comments. Randy Henson, Senior Planner, was also asked to give comments concerning this item. He recommended inviting Mr. Zahn to a future Council meeting. The next item considered was Item 24. (14.) Ordinance No. 2003-00022 amending the FY 2002-03 City of Lubbock Budget to add additional funds to the FAA -funded Construct High Speed Taxiway B1 (Taxiway V) capital project in order to provide for the addition of paved shoulders and lighting (first reading). ORDINANCE NO.2003-00022 AN ORDINANCE MAKING CHANGES IN THE FY 2002-03 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. As a part of the FY 2002-03 budget, LIA submitted a project to construct High Speed Taxiway B 1, a new taxiway connecting the airport's primary air carrier runway to a parallel taxiway and the air cargo facility on the north side of the airport. The FAA has since changed the name of project to "High Speed Taxiway V", but the project will continue to be listed in the City's budget system as "High Speed Taxiway B V. The project is part of the airport's approved Master Plan, and will be funded by the Federal Aviation Administration. This project was set up with bid alternates to give the City flexibility to respond to any funding opportunities that may arise as the project is developed. The bids are now in hand, and the project is sufficient to fund Bid Alternate II, which allows for construction of the main taxiway, but without paved shoulders and edge lighting. The agenda item involved approval of a budget amendment that would add funds to the project to allow the City to award Bid Alternate I, which would allow for the addition of paved shoulders and lighting to the project. Concurrent with the opening of the Taxiway V bids, LIA completed another FAA -funded project that came in $429,788 under budget (Westport Apron and Taxiway Project). This budget amendment would transfer $153,257.50 in federal funds saved on that project to the Taxiway 246 Regular City Council Meeting March 5, 2003 Page 247 V project, allowing for the award of Bid Alternate I. The amendment would increase the total project budget from $2,124,514 to $2,277,771.50. The construction of Taxiway V will require a temporary displacement of the threshold of runway 17R-35L, our primary air carrier runway. Awarding bid Alternate II would necessitate coming back in at a later date to install paved shoulders and edge lighting, requiring a second displacement of the threshold. The award of Bid Alternate I would allow the City to build the entire Taxiway V project in one stage, avoiding the necessity of a second displacement. Accordingly, the FAA has reviewed the project and concurs with staff s recommendation to build the entire project in a single phase. TAXIWAY V PROJECT Original project budget $2,124,514.00 Proposed budget Amendment 153,257.50 Total Project Budget $2,277,771.50 The Airport Board reviewed this budget amendment and recommended approval. Staff recommended approval of this ordinance. (15.) Resolution No. 2003-RO102 authorizing the City Council to approve the recommendation of the Parks and Recreation Board regarding FY 2002-2003 use of in -kind services by City of Lubbock departments for special event support. RESOLUTION NO. 2003-RO102 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby approves the recommendations of the Parks and Recreation Board with regard to FY 2002-2003 use of in -kind services by City of Lubbock departments as set forth in Exhibit "A" hereto, which said Exhibit "A" is attached hereto and made a part hereof as if fully copied herein in detail. Passed by the City Council this 5th day of March, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell Parrs and Recreation Director APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims Assistant City Attorney At the January 9, 1997, City Council meeting, the City Council approved Ordinance #9965, which amended Chapter 2 of the Code of Ordinances of the City of Lubbock. In doing so, the duties of the Parks and Recreation Board were expanded to include review of requests for in -kind services for special/community events. The special events policy was developed in 247 Regular City Council Meeting March 5, 2003 Page 248 order to track special event support and monitor the increase of requests received from nonprofit organizations for special events in the City of Lubbock. The policy allocates up to $200,000 annually for in -kind services. Of that amount 90% ($180,000) is earmarked for existing events. The remaining 10% ($20,000) is targeted for new events. Each year, City staff conducts at least two training sessions for local nonprofit and civic organizations to familiarize them with the special events policy and the grant process. Applications for in -kind services are due at least forty-five days prior to the event. Once received, the application is reviewed by departmental staff to ensure that the request is appropriate. For example, the Police Department reviews requests for security and traffic control to ensure the appropriate number of officers is requested. If needed, adjustments are made to the requests and the applicants are notified. The Parks and Recreation Board then rates the grant application for in - kind City services based on the applicant's response to nine subjective questions for each event. Each subjective question is worth up to five points from the individual Parks and Recreation Board members. The individually graded applications are then returned to staff in order to determine the aggregate score. There are a total of 405 possible points on the subjective section and an additional 250 possible points on the objective section of the application with a possible 655 points for each event. The objective section deals with the percent of budget that is publicly funded, the applicant's non-profit status, etc. On February 25, 2003, the Parks and Recreation Board approved the aggregate scoring and recommended the following Special Event Applications for in -kind services: Event In -Kind Percent In -Kind Requested Awarded Proposed Lubbock Dietetic $290 93% $270 Assoc. Total $290 $270 To date, there is a total of $98,734 of in -kind services approved for FY 2002-2003 with a total of $270 to be considered for approval, all of which will be absorbed within the existing departmental budgets. The event organizers will be responsible for making up the difference. Since the event being recommended for approval is an existing event, this would leave a balance of $81,536 of in -kind services that can be allocated for existing special events and $19,730 for new events in FY 2002-2003. Staff recommended approval of this resolution. (16.) Resolution No. 2003-RO103 authorizing the Mayor to approve an additional committee member to the entertainment task force, to bring the total number of members to six. RESOLUTION NO.2003-RO103 WHEREAS, the City Council of the City of Lubbock established the Entertainment Lubbock Task Force on February 13, 2003; and WHEREAS, the City Council desires to amend the terms of office for the Entertainment Lubbock Task Force; and WHEREAS, the City of Lubbock's entertainment industry has developed talent, venues, and events that are recognized regionally, statewide, nationally and internationally; and 248 Regular City Council Meeting March 5, 2003 Page 249 WHEREAS, the unique talent, venues, and events in the City of Lubbock have created an awareness of Lubbock and attracts tourists and visitors to our community every year; and WHEREAS, it is important for the City of Lubbock to build upon the potential of its entertainment industry to create new opportunities culturally, artistically, and financially; and WHEREAS, the creation of a committee to help organize the diverse elements that contribute to the success of a strong entertainment industry in the City of Lubbock and to provide direction and support for its growth is essential to ensure the success of the City's entertainment industry in the future; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT an Entertainment Lubbock Task Force is hereby created by the City Council of the City of Lubbock, which shall perform its duties in accordance with the following criteria: 1. The Resolution dated February 13, 2003, is hereby repealed and shall be replaced with the provisions set forth hereto. 2. The primary objective of the Committee shall be to develop recommendations for the City Council with regard to the development, organization, coordination and funding of events that would take advantage of the various talent and venues associated with the City of Lubbock's entertainment industry while working collectively with entertainment entities throughout the region and that would have a positive impact on tourism within the City. 3. The Committee will consist of eight (8) members appointed by the Mayor. The Mayor shall appoint the Chair from among the members appointed to the Committee. The City Manager of the City of Lubbock shall appoint a staff liaison to the Committee. 4. Regular meeting will be held at times and locations established by a majority of the Committee members. A simple majority shall constitute a quorum, and a majority vote of the quorum shall be required for any action to be taken by the Committee. 5. The Entertainment Lubbock Committee members shall serve for a term of one year or until such time as their successors are appointed. 6. Reports shall be presented by the Chairperson of the Committee to the City Council as requested by the City Council. Passed by the City Council this 5th day of March, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommv Gonzalez Tommy Gonzalez, Deputy City Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney The entertainment task force will help to organize, provide support and direction to the diverse elements of the entertainment industry in Lubbock. The task force will help to promote growth of the entertainment industry in Lubbock. WE Regular City Council Meeting March 5, 2003 Page 250 The primary objective of the Committee shall be to develop recommendations for the City Council on the organization and coordination of the various talent, venues, and events of the City of Lubbock's entertainment industry that occur in the region. The Committee will consist of six members appointed by the Mayor. The Mayor will appoint the Chair among the members appointed to the Committee. The City Manager will appoint a staff liaison to the Committee. Staff recommended approval of this resolution. (17.) Resolution No. 2003-RO104 authorizing acceptance of water and sanitary sewer improvements for Lots 1-68 and Tract A-1 Lakeridge Estates South Addition to the City of Lubbock, Lubbock County, Texas, at 98`h Street and Savannah Avenue. RESOLUTION NO.2003-RO104 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 - 68, AND TRACTS A-1, LAKERIDGE ESTATES SOUTH ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 — 68, and Tracts A- 1, Lakeridge Estates 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 sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $173,110.32 with the improvements constructed by Rink's Lease Service having a value of $121,962.09 as determined by the unit prices established by said Chapter 28, and $51,148.23 cash paid to the City, which amount includes $46,188.41 cash for adjacent lines, with Lakeridge Estates of Lubbock, Ltd., the developer, to receive a refund of $22.457.94 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 $22,457.94 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. 250 Regular City Council Meeting March 5, 2003 Page 251 Passed by the City Council this day 5th of March, 2003. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Reb cca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer Public Works APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney 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 $173,110.32 and has a value of $121,962.09 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 $51,148.23, which includes $46,188.41 for adjacent mains. The developer, Lakeridge Estates of Lubbock, Ltd., will receive a refund of $22,457.94 in accordance with Chapter 28. There is no refund deposit. The subdivision is located between Savannah and Topeka Avenues from 98th to 100th Streets. Staff recommended approval of this resolution. (18.) Resolution No. 2003-RO105 authorizing acceptance of water and sanitary sewer improvements for Lots A-1-A-1 through A-1-A-8, Park Lorraine Addition to the City of Lubbock, Lubbock County, Texas, at 341h Place and La Salle Avenue. RESOLUTION NO.2003-RO105 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS A-1-A-1 THRU A-1-A-8, PARK LORRAINE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots A-1-A-1 thru A-1-A-8, Park Lorraine 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 $14,798.45 with the improvements constructed by Utility Contractors of America having a value of $14,346.45 as determined by the unit prices established by said Chapter 28, and $452.00 cash paid to the City, which amount includes $0.00 cash for adjacent lines, with John Nelson, the developer, to receive a refund of $0.00 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. 251 Regular City Council Meeting March 5, 2003 Page 252 SECTION 2. THAT the refundable cost in the amount of $0.00 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 5th of March, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer Public Works APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney 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 $14,798.45 and has a value of $14,346.45 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 $452.00 that includes $0.00 for adjacent mains. The developer, John Nelson, will receive a refund of $0.00 in accordance with Chapter 28. There is no refund deposit. The subdivision is located along 34 h Place between La Salle and Kewanee Avenues. Staff recommended approval of this resolution. (19.) Resolution No. 2003-RO106 authorizing acceptance of water and sanitary sewer improvements for Lots 1-36, and Tracts A & B, Cantibury Pointe Addition to the City of Lubbock, Lubbock County, Texas, west of Knoxville Avenue between Harvard Street and North Loop 289. RESOLUTION NO.2003-RO106 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 1— 36, AND TRACTS A & B, CANTIBURY POINTE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 — 36, and Tracts A & B, Cantibury 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 $159,133.32 with the improvements constructed by Hawkeye Road Boring, having a value of $132,348.30 as determined by the unit prices established by said Chapter 28, and $26,785.02 cash paid to the City, which amount includes $21,813.45 cash for adjacent lines, with Merrit Housing, the developer, to receive a refund of $23,365.62 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 252 Regular City Council Meeting March 5, 2003 Page 253 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 $23,365.62 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 5th day of March, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ &ebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Ch se ter Carthel, Chief Engineer Public Works APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney 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 $159,133.32 and has a value of $132,348.30 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 $26,785.02, which includes $21,813.45 for adjacent mains. The developer, Merrit Housing, will receive a refund of $23,365.62 in accordance with Chapter 28. There is no refund deposit. The subdivision is located west of Knoxville Avenue between Harvard Street and North Loop 289. Staff recommended approval of this resolution. (20) 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 valued at $215,500. This item was deleted. (21,) Resolution No. 2003-R0107 authorizing the Mayor to execute a lease agreement between the City of Lubbock and Porterfield Propellers to lease buildings at Lubbock International Airport. 253 Regular City Council Meeting March 5, 2003 Page 254 RESOLUTION NO.2003-R0107 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 Lease Agreement between the City of Lubbock and Porterfield Propellers for lease of property at Lubbock International Airport, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 5th day of March 2003. /S/ MARC MCDOUGAL MAYOR, MARC MCDOUGAL ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney -Office Practice A copy of the Agreement is filed with Resolution No. 2003-R0107. Porterfield Propellers occupies Buildings 327 and 330 on the east side of Lubbock International Airport under a sublease agreement with Horton Aero Service, Inc. Porterfield Propellers serves as an FAA -approved repair station for the maintenance and overhaul of aircraft propellers. The lease agreement between the City of Lubbock and Horton Aero Service allows Horton Aero Service to terminate its lease on these two buildings at any time with thirty days written notice to the Department of Aviation. In accordance with the agreement, Horton Aero Service has terminated its lease on these buildings. Porterfield Propellers is requesting to lease Buildings 327 and 330 and the associated ground directly from the City of Lubbock under the same terms and conditions as the City's lease with Horton Aero. The leased premises include 4,859 square feet of industrial building space and 6,588 square feet of land. The lease has an initial term of three years and may be extended for two additional three-year periods. The monthly rent to the City for the leased premises will be $354.98 ($4,259.72 per year) and will be adjusted annually by the same percentage as the Bureau of Labor Statistics Consumer Price Index (CPI). A copy of the lease agreement between the City of Lubbock and Porterfield Propellers was provided in council backup. The Airport Board reviewed the agreement and recommended approval. Staff recommended approval of this resolution. (22.) Resolution No. 2003-RO108 authorizing the Mayor to execute a Grazing Agreement by and between the City of Lubbock and Mark Wheeler regarding the grazing rights at the Hancock Land Application Site. 254 Regular City Council Meeting March 5, 2003 Page 255 RESOLUTION NO.2003-RO108 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 Cattle Grazing Agreement by and between the City of Lubbock and Mark Wheeler for grazing rights at the Hancock Land Application Site, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. FURTHER, the City of Lubbock accepts the termination, effective February 6, 2003, of the Cattle Grazing Agreement, dated June 14, 2001, by and between the City of Lubbock and Franklin Cattle Company. Passed by the City Council this 5th day of March, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tlerry Ellerbrook Terry Ellerbrook Director of Public Works APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Agreement is filed with Resolution No. 2003-R0108.In 2000, the City of Lubbock hired AgriWaste Technologies, Inc., an agricultural engineering firm, to assist in conducting an evaluation of the groundwater remediation program. One part of the evaluation included an analysis of the impact cattle grazing has on the operation and potentially the quality of the groundwater. While the exact effect is unknown at this time, AgriWaste Technologies, Inc. recommended that the City terminate the grazing program pending further investigations of the sites. As an alternative to the grazing program, beginning October 1, 2003, the City will implement a harvesting program. Until that time, the Texas Commission on Environmental Quality has agreed to let the City continue to graze cattle until August 31, 2003 in order generate up to $90,000 in revenue. Staff recommended approval of this resolution. (22A.) Resolution No. 2003-RO109 authorizing the Mayor to execute a professional services contract with the City Manager and rescinding the City Manager's severance agreement. RESOLUTION NO.2003-RO109 WHEREAS, Bob Cass has indicated that he desires to retire from his position as City Manager of the City of Lubbock effective not later than April 30, 2003, and WHEREAS, Bob Cass and the City of Lubbock have heretofore on the 7`h day of November, 2000, entered into a Severance Agreement, which said Severance Agreement the parties hereto now desire to rescind; and WHEREAS, the City Council has determined that it would be in the best interest of the citizens of Lubbock, in order to benefit from the knowledge and experience of 255 Regular City Council Meeting March 5, 2003 Page 256 Mr. Cass during the transitional period, to enter into a Professional Services Agreement with Mr. Cass for one year to be effective May 1, 2003; and WHEREAS, the City of Lubbock has greatly benefited from the many years of professional service by Mr. Cass and will sincerely miss his leadership; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council does hereby with great regret accept the retirement of Mr. Bob Cass, effective not later than April 30, 2003; and THAT the City Council does hereby rescind the prior Severance Agreement executed November 7, 2000, with Mr. Cass; and THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute on behalf of the City of Lubbock a Professional Services Agreement with Bob Cass for a term of one year, which Agreement is attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 5th day of March, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ Donald G.Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0109. The City Attorney's office prepared this item at Council's request and the following was provided to Council. WHEREAS, Bob Cass has indicated that he desires to retire from his position as City Manager of the City of Lubbock effective not later than April 30, 2003, and WHEREAS, Bob Cass and the City of Lubbock have heretofore on the 71' day of November, 2000, entered into a Severance Agreement, which said Severance Agreement the parties hereto now desire to rescind; and WHEREAS, the City Council has determined that it would be in the best interest of the citizens of Lubbock, in order to benefit from the knowledge and experience of Mr. Cass during the transitional period, to enter into a Professional Services Agreement with Mr. Cass for one year to be effective May 1, 2003; and WHEREAS, the City of Lubbock has greatly benefited from the many years of professional service by Mr. Cass and will sincerely miss his leadership; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council does hereby with great regret accept the retirement of Mr. Bob Cass, effective not later than April 30, 2003; and THAT the City Council does hereby rescind the prior Severance Agreement executed November 7, 2000, with Mr. Cass; and 256 Regular City Council Meeting March 5, 2003 Page 257 THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute on behalf of the City of Lubbock a Professional Services Agreement with Bob Cass for a term of one year, which Agreement is attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. (23.) Resolution No. 2003-RO110/13ID #013-03/VK—authorizing the Mayor to execute a contract for Sale of Scrap Metal. RESOLUTION NO.2003-RO110 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 sale of scrap metal, by and between the City of Lubbock and Jarvis Metals Recycling, 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 5th day of March, 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/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2003-ROI 10. This contract is for the sale of ferrous and nonferrous scrap metal accumulated at the Central Warehouse. Bid prices are quoted for various categories of scrap metal as a fixed amount either above or below the Consumer Buying Price high of the Houston market price as quoted in the American Metal Market on the date of delivery. The City solicited all -or - none bids for scrap metal delivered to the contractor's yard by the City and all -or -none bids for scrap metal picked up by the contractor. In determining the highest revenue offered for scrap metal delivered to the contractor, the location of the contractor's facility affects transportation costs. The location of the Central Warehouse at 306 Municipal Drive was used to determine delivery distance from that point to the contractor's receiving facility. For evaluation purposes, the bids were tabulated using a distance factor of $2.00 per loaded mile (one way), with an average load of five tons, and using the Consumer Buying Price as quoted in the American Metal Market on Tuesday, February 25, 2003. The distance factor was deducted from the amount of revenue bid as the cost of delivering the materials to the contractor. The highest evaluated revenue for scrap metal delivered to the contractor is $27,023 from Jarvis Metals Recycling, Inc. of Lubbock, Texas. 257 Regular City Council Meeting March 5, 2003 Page 258 Bid award for scrap metal picked up by the contractor is based on the best net revenue and/or least cost to the City. For evaluation purposes, the bids were tabulated using the Consumer Buying Price as quoted in the American Metal Market on Tuesday, February 25, 2003. The highest evaluated revenue for scrap metal picked up by the contractor is $27,150 from Jarvis Metals Recycling, Inc. of Lubbock, Texas. The actual revenue amount will depend on the quantity of scrap metal and the Consumer Buying Price on the date of delivery. FISCAL IMPACT: $84,254 is budgeted in account 241.7208 Solid Waste Fund —Recycle Material. Staff recommended bid award to Jarvis Metals Recycling, Inc. of Lubbock, Texas or such alternative action as the City Council may deem appropriate. The next item considered was Item 13. 11:04 A. M. PUBLIC HEARINGS Zoning (23A.) Ordinance No. 2003-00024 - ZONE CASE NO. 2961 (4020 34`h Street): Hold a public hearing to consider continued 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, and to consider ordinance. This item was considered following Item 36. ORDINANCE NO. 2003-00024 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2961; A ZONING CHANGE FROM C-2 TO C-4 _ ZONING 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, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 11:04 a. m. Jerry Hosch appeared on his own behalf. No one appeared in opposition. Mayor McDougal closed the hearing at 11: 13 a. m. 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 34t' Street west of Avenue Q is a mixture of C-2 and C-3. A number of the businesses on 34t' Street would now be required to be located in C-4, but were a permitted use in 258 Regular City Council Meeting March 5, 2003 Page 259 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 (34`h and Akron, 341h and Vicksburg) a transmission business (34`h and Canton) a mechanic shop (34`h and Boston) and a billboard at 34`h 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 supported 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: 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. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00024 as recommended by staff. Motion carried: 4 Yeas, 2 Nays. Council Members Martin and Hernandez voted Nay. The next item considered was Item 37. 11:20 A.M. COUNCIL RECESSED BACK TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present except Council Member Cooke. ADMINISTRATIVE SERVICES Human Resources (24.) Resolution No. 2003-RO111 authorizing the Mayor to execute purchase of terrorism coverage for the first layer of property coverage from Coregis Insurance Company. This item was considered following Item 13.13.) RESOLUTION NO. 2003-RO 111 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to purchase terrorism coverage for and on behalf of the City of Lubbock, to be added to the property coverage, by and between the City of Lubbock and Coregis Insurance Company, and related documents. 259 Regular City Council Meeting March 5, 2003 Page 260 Passed by the City Council this 5th day of March, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mary House Mary House, Director of Human Resources APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney The City of Lubbock purchases property insurance from four carriers to provide $300,000,000 in coverage on its buildings and contents effective October 1, 2002. Current year's total cost for all property policies is $613,325: (1) Coregis Insurance Company — $20,000,000 in primary coverage, (2) Underwriter at Lloyds — $20,000,000 for the second layer (50% quota share), (3) Commonwealth Insurance Company — $20,000,000 for second layer (50% quota share), (4) Royal Indemnity Company — $260,000,000 for third layer. The policies are subject to one $250,000 deductible per occurrence. Council approved the purchase of terrorism insurance coverage for property insurance from Commonwealth Insurance Company and Royal Indemnity Company during the January 9, 2003 Council meeting and from Underwriter at Lloyds during the January 23, 2003 Council meeting. At that time, the City Of Lubbock had received its Notice of Terrorism Insurance Coverage from the Coregis Insurance Company advising that there was no terrorism exclusion on its policy (copy attached) and that there would be no premium change. The policy had not been received by the City of Lubbock to verify any exclusion. Coregis Insurance Company has now confirmed that their original notice was issued in error and there is an additional premium of $5,223. Staff has asked the City's broker request an opinion from the State Board of Insurance about this additional premium for two reasons: first, the State Board of Insurance had not approved terrorism exclusion on their standard forms at the time the City's policy was issued; and second, the Coregis Insurance Company notified us, in writing, that there was not a terrorism exclusion on our policy. The purchase of terrorism coverage from all property carriers will result in a premium increase of $31,266. Staff recommended purchasing terrorism coverage from Coregis Insurance Company for a policy premium increase of $5,223 until a ruling from the State Board of Insurance can be obtained. Failure to do so might jeopardize the City's first layer of coverage should a terrorist attack occur. Additionally, if the State Board of Insurance does not rule in favor of the City, staff would be unable to obtain terrorism coverage on the first layer of property insurance until our policy renews on October 1, 2003. Regular City Council Meeting March 5, 2003 Page 261 Combined total coverage, with that already approved by Council, will provide the City with $300,000,000 in property coverage for any one event or occurrence. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2003-ROI I I as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (25.� Resolution No. 2003-R authorizing the Mayor to execute purchase of terrorism coverage from CNA Insurance Company for the City of Lubbock's Boiler and Machinery Insurance policy. This item was denied. The Human Resources Department requests that Council consider a resolution to purchase terrorism coverage from CNA Insurance Company. CNA Insurance Company is our existing insurer for boiler and machinery coverage. The terrorism coverage would be added to the policy effective November 26, 2002; the date the President signed the Act. The City of Lubbock purchased boiler and machinery insurance from CNA Insurance Company effective October 1, 2002. Current year's total cost is $570,621 for $50,000,000 in coverage with varying deductibles per location. Because of the events of September 11, 2001, the insurer did not offer Acts of Terrorism coverage. The purchase of terrorism coverage from CNA Insurance Company will result in a premium increase of $19,333. The carrier must receive premium no later than March 18, 2003 to obtain coverage. Council may choose not to purchase the terrorism coverage on the boiler and machinery policy. Currently, the power generating plants and the electrical distribution substations have terrorism coverage under the City's existing property insurance. The Council has previously approved the purchase of terrorism coverage for the second $20,000,000 layer and the last layer of $360,000,000 for property coverage and has an item pending on this agenda to purchase the first layer of $20,000,000 for property insurance. Coverage for terrorism insurance under the boiler and machinery policy would not be as a result of a direct loss of terrorism, which would be covered under the property policy, but as a result of indirect loss. As an example, a direct hit to the JRM plant would be covered under the City's property policy; however, should other machinery be affected because of this direct hit, it would be covered under the boiler and machinery policy. After a review with production staff, this would be unlikely due to the protective mechanisms in place. The City Of Lubbock has $300,000,000 in terrorism insurance coverage via its property policy. With that in mind, staff requests guidance on the purchase of terrorism insurance coverage on its boiler and machinery policy from CNA Insurance Company for an additional policy premium of $19,333. Leisa Hutcheson, Risk Management Coordinator, gave staff comments. She stated that staff recommended that this particular terrorism coverage not be purchased. Motion was made by Council Member Martin, seconded by Council Member Patterson to deny this item as recommended by staff. Motion carried: 6 Yeas, 0 Nays. COMMUNITY SERVICES Parks and Recreation (26.) Resolution No. 2003-RO112 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. 261 Regular City Council Meeting March 5, 2003 Page 262 RESOLUTION NO.2003-RO112 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute on behalf of the City of Lubbock an Engineering Services Agreement and any associated documents with Parkhill, Smith & Cooper, Inc., for professional services relating to Canyon Lake Dam #4, which Agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 5th day of March, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Corbin Pemberton Corbin Pemberton, Community Projects Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0112. In the 1970s, construction began on the Canyon Lakes Project, a six -mile long regional park. Due to funding constraints at the time and the planned construction of I-27, only four of the originally planned six lakes within the City limits were built. Over the next twenty years, several Goals for Lubbock documents called for the completion of the Canyon Lakes Project, which is now known as the Jim Bertram Lake System. In June 1999, the team of Carter & Burgess and Parkhill, Smith and Cooper completed the Canyon Lakes Master Plan Feasibility Study. The study provided the plan for completing the regional park with an emphasis on a continuous, navigable body of water and the design and location of bridges to allow boat, vehicular and pedestrian circulation throughout the canyon. The study provided the basis for the September 1999 citizen approval of $3.25 million in G.O. Bonds for the construction of Dam #4 and the excavation of Vaquero Lake. In September 2002, the City of Lubbock issued a request for qualifications (RFQ) for the architectural and design services for Dam #4. The Master Plan for the Dam #4 area will include: a new dam; new ten -surface acre lake, vehicular crossing; pedestrian walkways; landscape development; railroad bridge improvement; waters edge development; utilities; park facilities; and signage. Responses were received from the following design teams: Enprotech, Lubbock, Texas Gideon Toal, Fort Worth Texas KDC Turner Partners, LLC, Lubbock Texas Parkhill, Smith and Cooper, Lubbock, Texas In October 2002, the RFQs were evaluated by Randy Truesdell, Parks and Recreation Director; Corbin Pemberton, Community Projects Manager; and Craig Wuensche, Park Development Supervisor. 262 Regular City Council Meeting March 5, 2003 Page 263 In November 2002, staff selected the Parkhill, Smith & Cooper, Inc. (PSC) design team based on their organization and expertise, program responsiveness, design ability and production capability. PSC was involved in the design of the four existing lakes and impoundment dams that were constructed in the 1970s. The PSC design team includes the professional services of Carter & Burgess, Inc. for master plan development of the Dam #4 and Vaquero Lake, Hicks and Company to assist PSC in wetland delineation and mitigation requirements, Dyess- Peterson Testing for geotechnical services, and finally, The Binford Hospitality Group will prepare a marketing plan for private development of retail and hotel facilities on private land near Vaquero Lake. The scope of work has been divided into two phases. Phase One will consist of preparation of preliminary engineering and cost estimates for construction, which will be used by the City in establishing priorities and financial planning of the proposed improvements that will be undertaken in Phase Two. The fee proposed with this scope of work completes the project through Phase One; the contract does not include any compensation for Phase Two. Phase Two, which is not in this contract, will involve preparation of schematic designs and construction plans, specifications and estimates. Following approval of the construction documents, the PSC Team will assist the City through bidding and construction phase services. Since the work under this phase cannot be fully determined until after the master has been developed and approved, no fee has been prepared for this phase at this time. The City and the PSC Team will negotiate a scope and fee for Phase Two following completion and acceptance of Phase One. The PSC design team also includes the participation of an engineering mentoring program at Texas Tech University and Estacado High School. The mentoring program will involve periodic meetings with the participants from Estacado High School and involve those students during the planning and programming phase. The mentoring program will continue through the conclusion of construction. The basic costs for performing Phase One services are on a lump sum basis and include all professional fees necessary to perform the work as noted below. Reimbursable expenses are on actual costs basis and will be additional to the basic services fee. Basic Reimbursable Services Expenses 1. Master Plan, Programming & $ 61,720 $ 6,200 Preliminary Engineering 2. Marketing Plan $ 14,630 $ 2,000 3. Environmental Permitting a. TNRCC Water Rights $ 13,090 $ 1,800 Permitting $ 37,080 $ 3,800 b. TNRCC Dam Safety Review $ 4,670 $ 53,900 C. Geotechnical Investigation $ 46,800 $ 2,500 d. Wetlands delineation & $ 31,160 $ 3,400 Mitigation e. U.S. Army Corps of Engineers, 404 Permit Applications $ 81,030 $ 8,500 f. Federal Emergency Management Agency (CLOMR) 263 Regular City Council Meeting March 5, 2003 Page 264 Total Basic Services Fee (Lump Sum) $290,180 Reimbursable Expenses (Not to Exceed) $ 82,100 The scope of services for Phase One is to be completed by December 31, 2004. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2003-R0112 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. DEVELOPMENTAL SERVICES Right -Of -Way (27.) Ordinance No. 2003-00023 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). ORDINANCE NO. 2003-00023 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AVENUE N ADJACENT TO BLOCK 128, ORIGINAL TOWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND AN ALLEY LOCATED IN BLOCK 128, ORIGINAL TOWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a section of Avenue N between Broadway and 13`h Street and a north -south 20-foot alley located just north of 13`h street between Avenue N and Avenue O for the First United Methodist Church. They plan to build over the south 65 feet of Avenue N being closed and the alley portion being closed. The church will leave the north 195 feet of Avenue N as underground utility easement and access easement area. The total street area being closed is 75.24 feet X 260 feet = 19,562.40 sq. ft. and this street area has been appraised at $3.00 per sq. ft. from land sale comparables and appraisal district values. The north 195 feet of Avenue N will remain as a easement area, so the Church will be charged at 50% or $1.50 per sq. ft. for the north 195 feet and the $3.00 will apply for the south 65 feet for a total figure of $36,679.50. The 20- foot alley being closed contains 2,600 sq. ft. and was appraised at $2.50 per sq. ft. for a value figure of $6,500. Total due the City for the street and alley closure is $43,179.50. We required that the requestor contact the adjacent property owners in the area of the replat who would be affected by the closures. They are in agreement. Also, utility relocation costs were well over $200,000 and they are being taken care of. The Right -of -Way Department recommended approval of the first reading of this ordinance. Ed Bucy, Right -of -Way Agent, gave staff comments. Council Member Boren stated that City Attorney Anita Burgess would be reviewing this and would get back to Council before the second reading of this ordinance. Council Member Hernandez requested that City Attorney Burgess look into working with First United Methodist Church concerning an in -kind payment in lieu of cash payment. 264 Regular City Council Meeting March 5, 2003 Page 265 Motion was made by Council Member Boren, seconded by Council Member Hernandez to pass on first reading Ordinance No. 2003-00023 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Martin was away from the dais. Water Utilities (28.) Resolution No. 2003-RO113 authorizing the Mayor to execute an agreement engaging Mr. Lynn Sherman of Water Texas to review the City's water supplies, and recommended strategic planning for same. RESOLUTION NO. 2003-RO113 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 services to evaluate and make recommendations on how the City of Lubbock can optimize existing and potential water supplies, between the City of Lubbock and Texas Water Development Company, LLC, 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 5th day of March, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR Evw-mw /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Anita Burgess Anita Burgess, City Attorney A copy of the Contract is filed with Resolution No. 2003-R0113. This is a professional services contract, which is for the purpose of consideration of water supply strategic planning. WaterTexas is a company, which creates and manages water development and marketing projects. The purpose of the consulting contract will be (1) to review the City's historical water management practices, (2) to project the future water and wastewater demands for planning purposes, (3) to develop water resources management alternatives, (4) recommended the best practices for water resources management, and (5) consider any utility practices or projects which would be consistent with the City's future water and utility needs. This item has been placed on the agenda at the request of a Council member. Council Member Hernandez publicly commended Mayor McDougal and Council Members Boren and Martin for the amount of time they spent on this issue. Motion was made by Council Member Morrison, seconded by Council Member Boren to pass Resolution No. 2003-R0113 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. 265 Regular City Council Meeting March 5, 2003 Page 266 Council Member Martin was away from the dais. ELECTRIC UTILITIES (29.) Resolution No. 2003-R0114 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. RESOLUTION NO.2003-R0114 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 West Texas Municipal Power Agency, a Services Agreement 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 and all related documents, and take appropriate action. Said Service 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 5th day of March, 2003. /S/ MARC MCDC U GAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Matthew L. Wade Matthew L. Wade Interim Director of Lubbock Power & Light APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Service Agreement is filed with Resolution No. 2003-RO114. The WTMPA is a municipal power agency comprised of the cities of Lubbock, Brownfield, Tulia and Floydada. The WTMPA has entered into a number of wholesale electric power contracts with a number of wholesale electric power providers. These contracts allow for the purchase of wholesale power by WTMPA on a firm, non -firm and emergency basis. As a member of the WTMPA, the City of Lubbock (the City) purchases a majority of its wholesale power from WTMPA. Due to the fact that WTMPA has no employees and does not have the expertise at this time to manage the wholesale power contracts of WTMPA, this agreement would allow employees of the City of Lubbock to manage and administer the wholesale power contracts on behalf of the WTMPA. This would include the scheduling, invoicing and general administration related to the WTMPA wholesale power contracts. In return for providing this service, the City would be compensated by charging the WTMPA for the time and expenses incurred in administering the WTMPA wholesale power contracts. Either party may terminate this 266 Regular City Council Meeting March 5, 2003 Page 267 agreement upon giving the other party thirty days' written notice. However, in no event will this agreement last longer than two years. Staff recommended approval of this resolution. Matt Wade, Interim Director of Electric Utilities, gave staff comments. Motion was made by Council Member Hernandez, seconded by Council Member Boren to pass Resolution No. 2003-R0114 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Morrison was away from the dais. (30.) Resolution No. 2003-RO115 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. RESOLUTION NO. 2003-R0115 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute on behalf of the City of Lubbock a professional services contract by and between the Cities of Lubbock, Brownfield, Floydada, Tulia and Ernst & Young. LLP, contract for a rate review with respect to cost sharing methods used by the City and West Texas Municipal Power Agency, and any associated documents, which professional services agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 5th day of March, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Managing Director of Finance APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney A copy of the Service Agreement is filed with Resolution No. 2003-R0115. Currently LP&L operates generation unit JRM8 and brokers purchased power for WTMPA. All power produced or redirected is billed by WTMPA to member cities. An internal review has determined that the cost sharing process has not been sufficient to recover all costs of operation. The engagement of an external audit firm will provide for a more complete and detailed review by a firm with specific Electric Utility expertise in this area to allow for sufficient recovery of all operational costs. Staff recommended the execution of a letter of agreement with the firm of Ernst & Young LLP to conduct a review of LP&L and WTMPA cost sharing processes. 267 Regular City Council Meeting March 5, 2003 Page 268 Council Member Martin asked if each member city as a party to this audit would pay their fair share? City Attorney Anita Burgess stated this was correct and cost would be allocated to the representation in WTMPA. Council Member Hernandez stated this would require action by their individual city councils. Motion was made by Council Member Boren, seconded by Council Member Hernandez to pass Resolution No. 2003-R0115 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. MISCELLANEOUS Other (31.) Resolution No. 2003-R authorizing the Mayor to execute an agreement with Mycoff & Associates to conduct a search for a Director of Electric Utilities for Lubbock Power and Light. This item failed as a result of no action. Mycoff & Associates will conduct a comprehensive nationwide executive search to recruit a Director of Electric Utilities for Lubbock Power and Light. They have assisted with utilities and utility consultants to recruit highly qualified personnel for the past 28 years, and they have recruited over 100 CEO and top-level executives for the utility and power industries. Mycoff and Associates have successfully recruited personnel for municipal utilities in Texas and nationwide and have a comprehensive list of individuals that have been hired through their process. Mycoff & Associates will bring a turnkey approach to the search for Lubbock's Director of Electric Utilities. They will gather information, develop a position profile, conduct the recruitment, interview candidates, and coordinate interviews for the finalists. Mycoff & Associates' fee is 28% of the annual agreed upon salary of the Director of Electric Utilities, with a minimum fee of $30,000, plus expenses. The fee is payable at 1/3 in advance, 1/3 when Mycoff & Associates submits the list of candidates to the City of Lubbock, and the balance when the Director of Electric Utilities begins employment. The Electric Utility Administration cost center has an approved budget of $1,052,720. Funding for this contract will be shifted within the existing budget to the Advertising and Promotions line item to allow for this expense. The City of Lubbock received seven proposals, and a presentation summarizing the top three proposals will be presented at the Council meeting. The electrical and technical knowledge a qualified candidate must possess is of utmost importance for the hiring of the Director of Electric Utilities. Mycoff & Associates have the qualifications to be able to assess this type of knowledge due to their extensive and unmatched experience in hiring for the utility industry. For this reason, Mycoff & Associates is being recommended for this executive search and recruitment. Assistant City Manager Quincy White gave staff comments. Mayor McDougal asked why this search couldn't be done internally. Council Member Boren pointed out that he worked with Quincy White, and that Mr. White had a plan where the City, in-house, can do exactly what the executive search firm would do. He commended Mr. White on his excellent work. Council Member Martin said that extensive background checks would be needed, and he offered to work with Human Resources on this. 268 Regular City Council Meeting March 5, 2003 Page 269 (32.) Consider three appointments to Lubbock Housing Authority. Lubbock Housing Authority currently has 5 members. All are appointed directly by the Mayor, per Texas Housing Authority Law (Texas Local Government Code 392.0331) without confirmation from City Council. The Mayor has reappointed three members whose terms expired 12/27/02. Motion was made by Council Member Morrison, seconded by Council Member Patterson to reappoint Dr. Bess Haley, Chuck Key and Sarah Nerios to Lubbock Housing Authority. Motion carried: 6 Yeas, 0 Nays. (33.) Consider one appointment to the North Overton TIF. This item was deleted. (34.) Consider four appointments to the Animal Shelter Advisory Committee. Motion was made by Council Member Morrison, seconded by Council Member Patterson to reappoint Tommy Camden, Dr. Larry Farley, Laura Forsythe, and Evelyn Lehman to the Animal Shelter Advisory Committee. Motion carried: 6 Yeas, 0 Nays. (35.) Consider one appointment to the Neighborhood Redevelopment Commission. Motion was made by Council Member Morrison, seconded by Council Member Patterson to reappoint Rion Sanford to Neighborhood Redevelopment Commission. Motion carried: 6 Yeas, 0 Nays. (36.) Consider one appointment to the Park & Recreation Advisory Board. Motion was made by Council Member Morrison, seconded by Council Member Patterson to appoint Grey Lewis to Parks & Recreation Advisory Board. Motion carried: 6 Yeas, 0 Nays. The next item considered was Item 23A. 4:17 P.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Pro Tem Hernandez, Council Member Gary O. Boren, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Mayor McDougal and Council Member Cooke (37.) Consider the removal of the City's two appointees to the West Texas Municipal Power Agency and consider two replacement appointments to the WTMPA. This item was considered following Item 23A. Motion was made by Council Member Martin, seconded by Council Members Morrison and Patterson to remove Randy Andrews and Robert Massengale and to appoint J. Q. Warnick and Martha York to West Texas Municipal Power Agency. Motion carried: 5 Yeas, 0 Nays. 269 Regular City Council Meeting March 5, 2003 Page 270 4:20 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor ProTem Hernandez adjourned the meeting. Read and approved this _1 J— day of CtObea' , 2005. 270