HomeMy WebLinkAboutMinutes - City Council - Regular - 3/27/2003CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
MARCH 27, 2003
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 27th
day of March, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:31 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:
( 1.) Al Rosen did not appear to discuss an alley closure in the area of 3r`'
Street and Avenue Q.
(1A.) Dee Dee Williams, Clear Channel Communications, appeared
regarding a fishing tournament she wishes to hold at Lake Alan
Henry. Mayor McDougal asked staff to get with her concerning this
matter.
(113.) Dwayne Miller, a resident of a Shadow Hills area complex for seniors,
55 and older, appeared regarding the LP&L rates and billing system.
Mayor McDougal asked Harold Dominguez, Assistant to the City
Manager, to meet with Mr. Miller.
(1C). Michelle Crain, Executive Director, Life Runs Center for Independent
Living, appeared regarding state budget cuts for disabled persons.
She read a resolution, which she requested that the City Council
consider adopting. Mayor McDougal asked staff to meet with Ms.
Crain.
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, to deliberate the purchase,
exchange, lease or value of real property and to review certified
agenda from the prior executive session" as provided by Subchapter
D of Chapter 551 of the Government Code, the Open Meetings Law.
7:52 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All Council Members were present except Council Member Cooke.
(2.) 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; Deputy City Manager).
(3.) 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;
Regular City Council Meeting
March 27, 2003
Page 272
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.
(4.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(l)(A), to discuss pending or contemplated
litigation (Atmos Energy; Fire Department; Planning Department;
Police Department; Stormwater Utilities).
(5.) 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:
Appointments Advisory Board
Board of Electrical Examiners
Board of Health
Entertainment Task Force
Keep Lubbock Beautiful Advisory Committee
Libraries Board
Neighborhood Redevelopment Commission
North Overton Tax Increment Financing
Community Relations Commission
Youth Commission
(6.) 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 (Right -of -Way Department; Water Utilities).
(7.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.103, to review certified agenda from the prior
executive session (City Secretary).
9:56 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,
Tommy Gonzalez, Interim City Manager; Anita Burgess, City
Attorney; and Rebecca Garza, City Secretary
Absent: Council Member Cooke.
Mayor McDougal called the meeting to order at 9:56 A. M.
(8.) Invocation by Pastor Mel Hooten, Senior Pastor, South Park Baptist
Church
(9.) 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
Lubbock Housing Authority
Receiving: Dr. Bess Haley (Unable to Attend)
Chuck Key (Unable to Attend)
Sarah Nerios
Libraries Board
Receiving: Helen Holley (Unable to Attend)
Margaret Ingraham
Jackie Porch
Park & Recreation Board
Receiving: Grey Lewis
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West Texas Municipal Power Agency
Receiving: J. Q. Warnick (Unable to Attend)
Martha York (Unable to Attend)
CITIZEN APPEARANCES
(10.) Recognize four appointments to the Student —Community Committee
selected by the Mayor.
Purpose: To open communications and dialogue in addressing common
issues and mutual goals shared by the City and the Student Government
Association. The newly created Student -Community Committee is
composed of eight members, four of whom were selected by the Mayor.
The other four were selected by the Student Government Association at
Texas Tech.
Student -Community Committee:
Ronnie McClendon (Unable to Attend)
Susan Owens (Unable to Attend)
Ruth Schiermeyer (Unable to Attend)
Jack Thompson (Unable to Attend)
(11.) Presentation of a Special Recognition to the Lubbock Trinity High
School Girls' Basketball Team for winning the TAPPS Class 4A State
Championship.
The Lubbock Trinity High School Girls' Basketball Team capped an
outstanding season, when they won the Texas Association of Private and
Parochial Schools (TAPPS) Class 4A State Championship on March 1,
2003, by beating Fort Worth Christian High School by a score of 55-51.
This is the second time in school history that the girls have won the State
Championship. They ended the season with a record of 29-8.
The TCHS Girls Basketball Team and their head coach, Alan Ayers
accepted this Special Recognition for winning the TAPPS 4A State
Champions.
(12.) Presentation of a Special Recognition to the Lubbock Trinity High
School Boys' Basketball Team for finishing the season as Runner -Up
to the TAPPS 4A State Champions.
The Lubbock Trinity High School Boys' Basketball Team had an
outstanding season this year with a 31-7 record. The team advanced to the
Texas Association of Private and Parochial Schools (TAPPS) Class 4A
State Championship on March 1, 2003, where they were beaten by
Houston Westbury Christian High School by a score of 69-54. This was
the fourth trip to the Final Four in the past five years.
The TCHS Boys Basketball Team and their head coach, Todd Duncan
accepted this Special Recognition for being the Runner -Up to the TAPPS
4A State Champions.
(13.) Presentation of a Proclamation to the American Business Club
commemorating April 3-5, 2003, as ABC Rodeo Days in Lubbock.
For the past 61 years, the ABC Rodeo has contributed to the quality of life
in our community. By providing rodeo proceeds to help sponsor
Lubbock's three Boys and Girls Clubs, a longstanding tradition of helping
local youth has been established. Each year, members of the American
Business Club dedicate personal time and effort in organizing the ABC
Rodeo. They work hard to ensure that it is a quality event.
Dewayne Proctor, 2003 Rodeo Chairman, and members of the Downtown
AMBUCS accepted the Proclamation commemorating April 3-5, 2003, as
ABC Rodeo Days in Lubbock.
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(14.) Presentation of a Special Recognition to the United People for the
Betterment of the Llano Estacado commemorating March 31, 2003, as
Cesar Chavez Day.
Cesar Estrada Chavez was born on March 31, 1927. Throughout his life,
he was a prominent human rights advocate, farm worker organizer and
founder of the United Farm Workers of America. While growing up, he
lived the difficult life of a migrant farm family, which led him as an adult
to become a community organizer with Community Service Organization.
Building upon this experience, Chavez founded the United Farm Workers
of America in 1962. On March 29, 2003, in addition to the unveiling of a
new commemorative postal stamp honoring Chavez by the U.S.
Government, the United People for the Betterment of the Llano Estacado
are hosting a march from Aztlan Park to St. Joseph's Catholic Church in
his honor.
Irma Guerrero and other members of the United People for the Betterment
of the Llano Estacado accepted the Special Recognition commemorating
March 31, 2003, as Cesar Chavez Day.
CONSENT AGENDA (Nos. 16-22, 24-27)
Motion was made by Council Member Hernandez, seconded by Council
Member Boren to approve Items 16-22, 24-27 on consent agenda as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Council Member Martin was away from the dais.
(15.) Approval of Minutes: February 12, 2003
Work Session
February 27, 2003
Regular City Council Meeting
March 5, 2003
Regular City Council Meeting
This item was moved from consent agenda to regular agenda and was
considered following Item 23.
Motion was made by Council Member Hernandez, seconded by Council
Member Morrison to approve the above minutes, subject to a correction on
page 1 of the March 5, 2003 Minutes, which should read "7:54 A.M. City
Council Recessed to Executive Session". Motion carried: 5 Yeas, 0 Nays.
Council Member Martin was away from the dais.
The next item considered was Item 28.
(16.) ORDINANCE #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
(second and final reading).
ORDINANCE NO.2003-00022
AN ORDINANCE MAKING CHANGES IN THE FY 2002-03 BUDGET OF THE
CITY OF LUBBOCK FOR MUNICIPAL PURPOSES.
(17.) Resolution No. 2003-RO116 (a) consenting to the issuance of revenue
bonds by Abilene Health Facilities Development Corporation for the
purposes of Section 221.030 of the Health Facilities Development Act
and (b) approving the issuance of revenue bonds for the purposes of
Section 147(f) of the Internal Revenue Code of 1986.
Sears Methodist Retirement System, Inc. and Sears Plains Retirement
Corporation (collectively, "Sears"), nonprofit Texas Corporations, propose
to obtain financing and refinancing from Abilene Health Facilities
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Development Corporation ("Abilene") for the costs of constructing and
equipping the health facility described as follows:
A skilled nursing facility to be known as the Garrison Geriatric Education
and Care Center is to be located at 3710 Fourth Street, Lubbock, Texas
79415 (the "Project"). The Project consists of (a) 60 chronic care nursing
beds, (b) 60 Alzheimer's care nursing beds, and (c) attendant common
areas.
This is one of several projects being financed by Abilene for Sears. The
other projects are located in the City of Abilene and the City of Waco. By
combining all of the projects into one bond issue through Abilene, Sears
will realize significant savings on its cost of issuance for the proposed
bonds. The total maximum aggregate principal amount of bonds to be
issued by Abilene is $52 million, of which no more than $3.5 million will
be used on the Project.
Because the Project will be located within the City of Lubbock, and is
outside the limits of the City of Abilene, Texas, the City of Lubbock must
consent to the financing. This consent is required solely for the purposes
of satisfying Section 221.030 of the Act and to enable Abilene to proceed
with the proposed financing of the Project with bond proceeds. This
consent in no way imposes any payment or other obligations on the City
of Lubbock in connection with the financing.
Staff recommended approval of this resolution.
(18.) Resolution No. 2003-RO117 authorizing acceptance of water and
sanitary sewer improvements for Lots 89-190 Highland Gardens
Addition to the City of Lubbock, Lubbock County, Texas between
Memphis and Joliet Avenues and 104th and 106th Streets.
RESOLUTION NO. 2003-RO117
A RESOLUTION ACCEPTING WATER AND SANITARY SEWER
SYSTEM IMPROVEMENTS FOR LOTS 89 — 190, HIGHLAND GARDENS
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 89 — 190, Highland Gardens 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 $156,755.27 with the
improvements constructed by Utility Contractors of America having a value of
$90,551.50 as determined by the unit prices established by said Chapter 28, and
S66,203.77 cash paid to the City, which amount includes $62,651.02 cash for adjacent
lines, with Mile Field Development Inc., the developer, to receive a refund of
$17,720.00 in accordance with Chapter 28 of the Code of Ordinances of the City of
Lubbock and a refund of deposit in the amount of $0.00 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 $17,720.00 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.
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Passed by the City Council this day 27th 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 $156,755.27 and has a value of $90,551.50 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
$66,203.77, which includes $62,651.02 for adjacent mains. The
developer, Mike Field Development, Inc., will receive a refund of $17,720
in accordance with Chapter 28. There is no refund deposit.
The subdivision is located between Memphis and Joliet Avenues from
104`h to 106`h Streets.
Staff recommended approval of this resolution.
(19.) Resolution No. 2003-RO118 authorizing the Mayor to execute an
Acknowledgement and Consent to the assignment of interest of
Southwest Wireless LLC to AT&T Wireless (82nd Street and Memphis
Avenue).
RESOLUTION NO.2003-RO118
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 Acknowledgement and
Consent to the assignment of the interest of Southwest Wireless LLC in a
telecommunications lease dated May 13, 1999 to AT&T Wireless and all related
documents. Said Acknowledgement and Consent 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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Passed by the City Council this 27th day 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
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Acknowledgement and Consent is filed with Resolution No. 2003-RO118.
This resolution authorized the assignment of interest by Southwest
Wireless LLC in the wireless communication facilities at 82nd and
Memphis to AT&T Wireless. Currently, Southwest Wireless LLC has
interest in the wireless communication tower and facilities at Pump Station
10 at 82nd and Memphis. They wish to assign their interest to AT&T
Wireless. The lease payment is $500 per month and expires on May 13,
2004. The lease requires the lessee to gain approval of the City prior to
assigning the interest.
Staff recommended approval of this resolution.
(20.) Resolution No. 2003-RO119 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.
RESOLUTION NO. 2003-RO119
BE IT RESOLVED BY THE CITY COUNCIL OF THE OF LUBBOCK:
THAT the Mayor is authorized and directed to execute the attached
Interlocal Agreement and any associated documents by and between the City of Lubbock
and Texas Tech University System for construction and operation of potable water and
sewer improvements for the Jerry Rawls Golf Course, 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.
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Passed by the City Council this 27th day 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
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-RO119.
This resolution authorized an agreement between Texas Tech University
and the City of Lubbock for the installation of water and sanitary sewer
improvements to the Jerry Rawls Golf Course Club House and
Maintenance Facility. Texas Tech University will pay for the
improvements. The estimated cost of the improvements is $215,500.
Approximately, 3,100 feet of 8 and 10-inch water line and 2,600 feet of 8,
12, and 18-inch sanitary sewer line will be installed.
Staff recommended approval of this resolution.
(21.) Resolution No. 2003-RO120 authorizing the Mayor to execute an
Amendment to an Agreement with Daryl Hogue for capture of
burrow -dwelling wildlife from the Lubbock Land Application Site
(LLAS).
RESOLUTION NO.2003-RO120
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock, BE and is hereby authorized and
directed to execute on behalf of the City of Lubbock the Amendment of Agreement
(herein so called), amending the Agreement dated January 7, 2003, by and between Daryl
Hogue, as Contractor, and the City of Lubbock (the "Agreement") related to the capture
and/or relocation of prairie dogs from the Lubbock Land Application Site. The
Amendment of 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. The City
Council of the City of Lubbock further adopts, ratifies and confirms the Agreement the
same as if originally approved and enacted by the City Council of the City of Lubbock.
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Passed by the City Council this 27th day of March 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook
Director of Public Works
/s/ Dan Dennison
Dan Dennison
Environmental Compliance Manager
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
Natural Resources Attorney
A copy of the Amended Agreement is filed with Resolution No. 2003-R0120.
On January 7, 2003, Bob Cass executed an agreement with Daryl Hogue
(partner with Lynda Watson) for evacuation of wildlife from burrows
within the pivot areas at the LLAS. To date, $8,855 ($75/hour) has been
paid under the agreement and approximately 2,900 burrows within the
pivot areas have been evacuated.
The proposed amendment gives Mr. Hogue and Ms. Watson exclusive
rights to capture burrow -dwelling wildlife from the LLAS through the first
of September. They asked for exclusivity, because they will be trapping
juvenile prairie dogs (pups) in areas that also have burrowing owls and
they do not want any confusion over who is responsible if an owl is
injured.
The City will not be paying Mr. Hogue and Ms. Watson for time spent
trapping prairie dog pups for the pet trade. In fact, the amendment
provides for a credit of $75 (one hour's work under the agreement) for
every 75 pups taken off the LLAS. They expect to begin trapping in
April, once animals are mature, and hope to trap between 1,000 and 2,000
animals. They will return in early summer to evacuate wildlife from the
remaining burrows in the pivot areas after the burrowing owl fledglings
are able to fly.
Staff recommended approval of this resolution.
(22.) Resolution No. 2003-RO121 authorizing the Mayor to execute
Amendment #7 to the Master Engineering Agreements with Delta
Airport Consultants for Construction Phase Engineering Services for
the Taxiway Victor Project at Lubbock International Airport.
RESOLUTION NO.2003-RO121
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, Amendment No. 7 to the
engineering agreement between Lubbock International Airport and Delta Airport
Consultants, Inc. for the construction phase engineering services of Taxiway Victor. Said
Amendment 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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Passed by the City Council this 27th day of March 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Director of Aviation
/s/ Richard K. Casner
William de Haas
Contract Manager/Attorney
A copy of the Amendment is filed with Resolution No. 2003-R0121.
In 1996, the City Council awarded multi -project, master engineering
agreements to the two firms of Parkhill, Smith and Cooper, and Delta
Airport Consultants. Each firm was awarded a specific list of projects.
When funding becomes available for a given project, the City negotiates
an amendment to the master agreement with the appropriate firm
authorizing work to commence on the project.
At its March 28, 2002 meeting, the City Council approved a resolution
authorizing the Mayor to execute Amendment #6 to the Engineering
Services Agreement between the City of Lubbock and Delta Airport
Consultants for primary design work on Taxiway Victor, a new connector
taxiway at Lubbock International Airport. The design work has been
completed, bids have been received, and the City is now ready to progress
to the construction phase of the project.
This agenda item authorized the execution of Amendment #7 to the
Engineering Services Agreement with Delta, which covers construction
phase engineering services for the Taxiway Victor project. The negotiated
fee for these services is a "not to exceed" amount of $260,118. In
accordance with FAA guidelines, this amendment has been subjected to an
independent fee analysis to verify the reasonableness of the proposed
hours and rates. A summary of the overall project budget is shown below.
Eighty-four percent of the total cost of this project, including the cost of
engineering services, will be funded through a Federal Aviation
Administration (FAA) grant under the Airport Improvement Program.
The remaining 16 percent of the project will come from the FAA's
Passenger Facility Charge program, which will have a fund balance of
approximately $1.1 million remaining after all current projects are
completed.
TAXIWAY VICTOR PROJECT
Primary engineering services
(Amendment #6) $ 142,664.00
Construction phase engineering services
(Amendment #7) 260,118.00
Construction 1,869,989.50
Copies, advertising & postage 5,000.00
Total project $2,277,771.50
The Airport Board has reviewed this amendment and recommended
approval.
Staff recommended approval of this resolution.
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(23.) Resolution No. 2003-RO125 authorizing the Mayor to execute an
Amendment No. 7 to the Engineering Agreement between Parkhill,
Smith and Cooper and the City of Lubbock for Preliminary and Final
Engineering Design Services and related survey and testing for a
Parking Structure with Blast Protection.
This item was moved from consent agenda to regular agenda and was
considered following Item 27.
RESOLUTION NO.2003-RO125
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 No. 7 to the
Engineering Agreement between Parkhill, Smith and Cooper and the City of Lubbock,
for Preliminary and Final Engineering Design Services and related survey and testing for
a Parking Structure with Blast Protection. Said Amendment 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 March 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
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/ William de Haas
Contract Manager/Attorney
A copy of the Amendment is filed with Resolution No. 2003-RO125.
In 1996, the City Council awarded multi -project, master engineering
agreements to the two firms of Parkhill, Smith and Cooper, and Delta
Airport Consultants. Each firm was awarded a specific list of projects.
When funding becomes available for a given project, staff negotiates an
amendment to the master agreement and takes it to the Airport Board and
City Council for approval.
One of the projects awarded to Parkhill, Smith and Cooper involved the
design of renovations to the parking lot that serves the main passenger
terminal at LIA. Phase I of this project was completed in 1998. Phase II
was originally scheduled for late 2001, but the September 11 terrorist
attacks led to new security requirements that necessitated a reassessment
of the scope of services for this project. This agenda item involved
consideration of Amendment No. 7 to the PSC agreement, which
incorporated a new parking garage and blast wall into the project. The
new facility would help LIA to meet its obligations under the new security
requirements, while greatly improving customer service in the parking lot.
The parking garage would provide blast protection for the terminal
building that would eliminate a TSA security requirement to inspect
vehicles parked within 300 feet of the terminal building during times of
heightened security. The garage would be located immediately adjacent to
the building and would be attached by covered walkways. This would
allow passengers to walk directly into the building without exposure to the
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weather. This also would eliminate the need for the current shuttle bus
operation, thus greatly reducing operating costs for the parking operation.
Amendment #7 to the PSC master agreement covers all design and
construction engineering services for the proposed project. Total cost for
all services under the contract is an amount not to exceed $897,827.
Through an FAA -mandated independent fee analysis, it has been
determined that the proposed fees are within an acceptable range of values
for projects of a similar nature.
Funding for the project will come from three sources: 1) Grants from the
Federal Aviation Administration; 2) Cost savings from the elimination of
the shuttle bus operation ($250,000/year); and 3) Cost savings from the
elimination of TSA-mandated vehicle inspections ($100,000/year). The
total cost savings of approximately $350,000/year would be utilized to
service debt that would be issued to fund the local share of the project.
The funding structure for this project is shown below.
Proiect Costs
Primary Engineering Services
$ 466,150
Construction Phase Services
332,500
Surveying and Testing
99,177
Construction
6,650,567
Copies, advertising & postage
1,000
Total Project Costs
$ 7,549,394
Fundinp, Sources
FAA Entitlement Grant
$ 1,460,538
FAA Discretionary Grant
1,308,046
PFC Program
259,483
Total FAA Contribution
$ 3,028,067
Local Funds
$ 4,521,327
Total Project
$ 7,549,394
The Airport Board has carefully reviewed all aspects of this project and
recommended approval.
Staff recommended approval of this resolution.
Mark Earle, Director of Aviation, gave staff comments. Members of the
Airport Board available for questions included Todd McKee, Chairman,
Stumpy Greer and Frank Treadway.
Motion was made by Council Member Hernandez, seconded by Council
Member Patterson to pass Resolution No. 2003-RO125 as recommended
by staff. Motion carried: 5 Yeas, 0 Nays.
Council Member Martin was away from the dais.
The next item considered was Item 15.
(24.) Consider ratification of the reappointment of Debra Shepherd to the
Civil Service Commission.
Debra Shepherd is very knowledgeable of the rules and regulations of
Chapter 143 of the Local Government Code and has served as the Civil
Service Chairperson since March 27, 1997. Debra's current term will
expire on March 27, 2003. She has only served two terms of an allowable
three -term tenure.
The Commission members ratify rules and standards applicable to
classified civil service positions in the Fire and Police departments and the
enforcement and effect of the Civil Service statutes. Members are
appointed by the City Manager as per Texas Local Government Code
143.006, and ratified by the governing body.
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The term for these appointments is three years and the meetings are held
as needed. There are three members of the Commission as required by
law and the Director of the Commission is Mary House.
Staff recommended approval of this reappointment.
(25.) Resolution No. 2003-110122BI1) #276-02BM—for Construction of
Taxiway Victor at Lubbock International Airport (Aviation —Grant
Funded).
RESOLUTION NO.2003-RO122
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
construction of Taxiway "V" at Lubbock International Airport, by and between the City
of Lubbock and Jay -Reese Contractors, Inc. of Austin, 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 March 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/ Richard K. Casner
William de Haas, Contract Manager/Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 27th day of March, 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 Jay -Reese Contractors, Inc., of the City of Austin, County of Travis, and
the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #276-02/BM - Construction of Taxiway "V" - LIA - $1,869,989.50
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.
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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.
ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ John McGinley
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Marc McDougal
MAYOR
CONTRACTOR:
Jay -Reese Contractors, Inc.
Bv: /s/ Ron Albee
PRINTED NAME: Ron Albee
TITLE: Pesident
COMPLETE ADDRESS:
Jay -Reese Contractors, Inc.
14532 Hamilton Pool Road
Austin, TX 78738
This project involved the construction of an exit taxiway -serving Runway
17R-35L and connecting to the new cargo apron area at Taxiway "W".
The taxiway is proposed to be 130-feet by 690-feet (89,700 square feet)
with incidental signage, marking, lighting, and drainage. This exit taxiway
from Runway 17R-35L will increase the capacity of the runway, as well as
enhance overall airfield safety. This project was previously bid under BID
9158-02/13M and bids were rejected by City Council on October 10, 2002.
At that time, only two bids were received and the $2,259,495 low bid from
Duininck Brothers of Roanoke, Texas was over budget. The project was
redesigned and bid as two alternates. Alternate I included the entire project
with an Engineer's estimate of $2,324,840 and Alternate II included the
complete project less the Taxiway Shoulders and Lighting with an
Engineer's estimate of $1,726,065. The four bids received for each
Alternate Bid are listed as follows:
ALTERNATE I:
Jay -Reese Contractors, Inc. of Austin, TX
$ 1,869,989.50
Duininck Brothers, Inc. of Roanoke, TX
$ 1,966,095.00
Gilbert Construction of Fort Worth, TX
$ 2,464,167.50
Granite Construction Co. of Watsonville, CA
$ 2,274,584.00
ALTERNATE II:
Duininck Brothers, Inc. of Roanoke, TX
$ 1,685,465.00
Jay -Reese Contractors, Inc. of Austin, TX
$ 1,685,514.50
Granite Construction Co. of Watsonville, CA
$ 2,008,197.00
Gilbert Construction of Fort Worth, TX
$ 2,191,357.50
Time for completion of this project is 150 days and liquidated damages are
$1,000 per day. Sixty-three local contractors and subcontractors were
notified of this Invitation to Bid.
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Page 285
FISCAL IMPACT:
A total of $2,124,514 was appropriated and $1,996,749 is available in
project number 90188 (Construct High Speed Taxiway B 1) for this
purpose.
Staff recommended approval of this resolution by awarding a bid/contract
for Alternate I to Jay -Reese Contractors, Inc. of Austin, Texas for
$1,869,989.50 (Federal funds and passenger facility charges).
(26.) Resolution No. 2003-110123/13I1) #015-03/DC—for Excavation &
Lining of Cell II at the West Texas Regional Disposal Facility (Solid
Waste).
RESOLUTION NO.2003-RO123
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
excavation & lining of cell II at the West Texas Regional Disposal Facility, by and
between the City of Lubbock and D.E. Rice Construction Company, Inc. of Borger,
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 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
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 27th day of March, 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 D.E. Rice Construction Company, Inc., of the City of Borger, County of
Hutchinson, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #015-03/DC - EXCAVATION & LINING OF CELL II AT THE WEST TEXAS
REGIONAL DISPOSAL FACILITY - $3,406,230.71
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,
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Page 286
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.
ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ John Cobb
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Mike Williams
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Marc McDougal
MAYOR
CONTRACTOR:
D.E. Rice Construction Company, Inc.
/s/ Mike Maxwell
PRINTED NAME: Mike Maxwell
TITLE: Vice -President
COMPLETE ADDRESS:
D.E. Rice Construction Company, Inc.
PO Box 3344
Borger, TX 79008-3344
This project is for excavation and lining of Cell II at the West Texas
Regional Disposal Facility MSW # 2252. Beginning March 2004, this Cell
will be used for disposal of refuse from the City of Lubbock and citizens
and businesses of Lubbock and 16 surrounding counties. The West Texas
Regional Disposal Facility is open to the public from 7:00 A.M. until 5:00
P.M. Monday through Friday, from 7:00 A.M. until 12:00 noon on
Saturdays during the winter, and from 7:00 A.M. until 1:00 P.M. during
the summer. Time for completion of this project is 280 days and liquidated
damages are $500 per day. Eleven local contractors were notified of this
Invitation to Bid.
FISCAL IMPACT:
A total of $4,600,000 was appropriated and $4,222,500 is available in
project number 243.9183.8302.30000 (Cell II Construction) for this
purpose.
Staff recommended approval of this resolution by awarding a contract to
D.E. Rice Construction, Inc. of Borger, Texas for $3,406,230.71.
(27.) Resolution No. 2003-110124/13I1) #049-03/BM—for Eyewitness
Industrial Grade In -car Video Systems (Police Department).
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Page 287
RESOLUTION NO.2003-RO124
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
eyewitness industrial grade in -car video systems, by and between the City of Lubbock
and Kustom Signals, Inc. of Lenexa, Kansas 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 March, 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/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2003-R0124.
This is a sole source purchase for thirteen in -car video cameras for marked
police units to be used by officers while on duty during routine police
calls. State racial profiling statutes require agencies to have recorders or
face -repressive record keeping requirements. The Police Department
currently employs Kustom Signals equipment in its patrol cars.
Equipment from other sources would not be compatible with current
equipment. The City of Lubbock Radio Shop installed and maintains the
Kustom Signals video systems currently in use. Adding thirteen more of
the same system would have little to no impact on the Radio Shop.
FISCAL IMPACT:
A total of $94,000 was appropriated and $59,995 is available in project
number 5735.9226 (Equipment Capital Outlay -Other Equipment) for this
purpose.
Staff recommended approval of this resolution by awarding a bid to
Kustom Signals, Inc. of Lenexa, Kansas for $59,995.
The next item considered was Item 23.
ORDINANCES FOR PASSAGE
Second Reading
(28,) ORDINANCE #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) (second and final reading).
This item was considered following Item 15.
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Page 288
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 was read for the first time at the March 5, 2003 City
Council Meeting. At this meeting, the staff recommended an amount due
of $43,179.50 for the right-of-way being closed. There was discussion
between the City Council and the City Attorney about the possibility of in -
kind services contributing toward a portion or all of the value of the right-
of-way being closed.
The Right -of -Way Department recommended the approval of the second
reading of this ordinance with the acceptance of the contribution of
services from the First Methodist Church as per the City Attorney's
recommendation.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass on second and final reading Ordinance No.
2003-00023 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Council Member Martin was away from the dais.
(29.) ORDINANCE #2003-00024—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).
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.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to pass on second and final reading Ordinance No.
2003-00024 as recommended by staff. Motion carried: 4 Yeas, 1 Nay.
Council Member Hernandez voted Nay.
Council Member Martin was away from the dais.
The next item considered was Item 33.
11:00 A.M. PUBLIC HEARINGS
Zoning
(30.) Ordinance No. 2003-00025 - ZONE CASE NO. 2962 (1313 Itasca
Street): Hold a public hearing to consider request of John M. Hall for
Charles M. Hall for a zoning change from R-2 to M-1 for a warehouse
on Lot 7, Block 12, Country Club Addition.
This item was considered following Item 40.
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Page 289
ORDINANCE NO. 2003-00025
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2962; A ZONING CHANGE FROM R-2 TO M-1
ZONING ON Lot 7, Block 12, COUNTRY CLUB ADDITION LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:05 a. in. John Hall,
President of CMH Manufacturing Company, appeared on behalf of
Charles M. Hall. No one appeared in opposition. Mayor McDougal
closed the hearing at 11:09 a. in.
The proposal will add one lot to a series of lots to the west that are zoned
M-1. The additional land will be used to expand the warehouse building
that exists to the west.
Adjacent land uses:
North
— industrial
South
— industrial and residential
East —
residential
West
— industrial
The proposal is consistent with the Comprehensive Land Use Plan and
zoning policies. The remaining R-2 zoned lots in the area and the
remaining residential units are remnants of a neighborhood that existed
prior to the area being converted to a combination of heavy commercial
and industrial uses.
The proposal will have no effect on the thoroughfare system.
Unless waived, the industrial construction on the single lot will be
required to construct a solid screening fence, because of the duplex zoning
remaining in place to the east. Mr. Hall requested the waiver (which is
available within the context of any zone case), because he feels the
adjacent duplex will be better served by not having an additional screening
fence. The unit has a high turnover of tenants. The Commission
requested that Mr. Hall provide the Council with written agreement from
the owner of the unit before finalizing the waiver. That letter was
included in Council backup.
The Planning Commission recommended approval of the request with a
condition (subject to verification at the Council meeting):
The screening fence on the east side of Lot 7 shall not be required.
Staff recommended approval of this ordinance.
Randy Henson, Senior Planner, gave staff comments.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2003-00025 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(31.) Ordinance No. 2003-00026 - ZONE CASE NO. 2719-C (north of 82nd
Street and east of University Avenue): Hold a public hearing to
consider request of Halle Properties for a zoning change from C-2 to
C-3 for a tire, battery and accessories store on an unplatted 1.34-acre
tract of land out of Section 4, Block E.
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Page 290
ORDINANCE NO. 2003-00026
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2719-C; A ZONING CHANGE FROM C-2 TO C-3
ZONING ON AN UNPLATTED 1.314 ACRE TRACT OF LAND OUT OF SECTION
4, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor McDougal opened the public hearing at 11:12 a. in. Gordon
Wilkerson, Wilkerson Properties, appeared on behalf of Halle Properties.
No one appeared in opposition. Mayor McDougal closed the hearing at
11:14 a. in.
The request will accommodate construction of a tire store as permitted by
the zoning code in the C-3 District. The proponent requests that the C-3
be limited to the one use and all permitted C-2 uses, as well as the request
being tied to a proposed site plan and building elevation.
Adjacent land uses:
North — commercial and a 45-foot section of alley adjacent to residential
South — commercial
East — commercial
West — commercial
The project is consistent with the Comprehensive Land Use Plan and
zoning policies. Based on the shape of the parcel, and had the corner been
developed with a major department store or grocery store, the parcel
would have been originally zoned C-3 (versus the current C-2). Two of
the other corners at this intersection are zoned C-3.
The proposal should have no greater impact than expected on the
thoroughfare system. The proponent is requesting approval with a
condition for a site plan that will face the bay doors to the west, with the
showroom and front of the structure facing 82"d Street. No bay doors will
face the thoroughfare (south), the east, or the north (toward the adjacent
residential). The parcel to the west remains undeveloped.
One adjacent business owner submitted a lengthy objection, along with
several of the tenants of the same building. That office building on the
south side of 82°d is on a parcel zoned C-3. It is adjacent to a parcel zoned
C-3 and an area to the south of the office is zoned C-4 Specific Use for a
mini -warehouse project. The owner of the office building indicated a
concern for the fact that Discount sells a line of tires or rims popular with
owners of low riders, which would create a nuisance in the area. No such
issues have been reported at the two other Discount business locations in
Lubbock.
Several of the returns indicated a concern for noise. Discount provided a
noise assessment from an acoustical engineer for the proposed project.
The results indicate that noise from the work area will dissipate to
ordinary conversation levels between two persons at the perimeter of the
lot. All of the noise will be projected in a half cylinder shape toward the
west, since the bay doors open only to the west. Noise from 82°d Street is
a much greater issue for adjacent residents on 81S` Street.
The Planning Commission discussed the comments from both the adjacent
residential and commercial owners/tenants at length and did not find the
concerns as having a credible basis. It was obvious the Commission did
not doubt the sincerity of the comments. None of the individuals in
opposition attended or spoke at the meeting. The Planning Commission
recommended approval of the request with two conditions:
1. Tied to the site plan and elevation as presented to the Planning and
Zoning Commission.
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Page 291
2. Limited to a tire and accessory store and all unconditionally
permitted C-2 uses.
Staff recommended approval of this ordinance.
Motion was made by Council Member Boren, seconded by Council
Member Patterson to pass on first reading Ordinance No. 2003-00026 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
10:50 A.M. PUBLIC HEARING
Special
(32.) Conduct a public hearing on the proposed rate increase filed with the
City of Lubbock by Atmos Energy on December 3, 2002, and take
appropriate action.
No action was taken on this item.
Mayor McDougal opened the public hearing at 11:15 a. in. No one
appeared on behalf of Atmos Energy. No one appeared in opposition.
Mayor McDougal closed the hearing at 11:16 a. in.
Late last year, Atmos Energy, the natural gas supplier in Lubbock,
submitted a request to raise a variety of service fees, such as the fee for
reconnection after an account is delinquent and cut off. On December 19,
2002, the City Council adopted a resolution suspending the effective date
of the proposed implementation of increased rates within the City of
Lubbock by Atmos Energy for 90 days and ordered this hearing.
The City Council employed Geoffrey Gay of Llovd, Gosselink, Blevins,
Rochelle, Baldwin & Townsend, P.C., an attorney specializing in utility
rate matters, to represent the City of Lubbock in this case. Mr. Gay
presented the results of his analysis of Atmos Energy's request during the
public hearing. A representative of Atmos Energy was given the
opportunity to present the company's request. The Mayor also allowed
time for those citizens wishing to address the Council on the rate request.
The City Council has the option of considering action on Atmos Energy's
request at this or the next Council meeting if they wished to deny or
amend the request. Atmos Energy could then appeal the Council action to
the Railroad Commission of Texas. If the Council takes no action before
the 90-day period expires, Atmos Energy's service fee increases will go
into effect.
Staff withheld any recommendation on Atmos Energy's request pending
the outcome of Mr. Gay's analysis.
11:16 A.M. CITY COUNCIL RECESSED
11:28 A.M. CITY COUNCIL RECONVENED
The next item considered was Item 42.
ADMINISTRATIVE SERVICES
Purchasing
(33.) Resolution No. 2003-110126/13I1) #004-03/DC—for City Vehicles (Fleet
Services —Grant Funded).
This item was considered following Item 29.
RESOLUTION NO. 2003-RO126
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 bids for four one -ton single rear wheel cab and chassis vehicles and
award the bid for one four -door utility vehicle authorizing the Mayor to execute for and
on behalf of the City of Lubbock, a Purchase Order for a city vehicle, by and between the
City of Lubbock and Shamrock Chevrolet of Lubbock, 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.
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Passed by the City Council this 27th day of March, 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/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2003-R0126.
This bid was for the purchase of a Chevrolet Suburban vehicle for the
Emergency Management Department, which will be used by the Health
Department, and for the purchase of four Chevrolet Silverado 2500
vehicles to be used in a new row crop program for the Land Application
Site. Thirty-seven local companies were notified of this Invitation to Bid.
FISCAL IMPACT:
A total of $35,000 was appropriated and $35,000 is available in project
number 81030.9225 (Bio Terrorism Grant) for this purpose. A total of
$361,000 was appropriated and $312,434 is available in project number
6415.8704 for the acquisition of four Chevrolet Silverado 2500 vehicles.
Staff recommended awarding bid for the purchase of one four -door utility
vehicle to Shamrock Chevrolet, of Lubbock, Texas for $30,320 (Federal
funds) and reject all bids for the purchase of four one -ton single rear wheel
cab and chassis vehicles, or such alternative action as the City Council
deemed appropriate.
Victor Kilman, Purchasing Agent, gave staff comments.
Council Member Hernandez requested that written documentation
justifying the need for the type of vehicle be furnished to Council in order
to possibly reduce costs.
Council Member Martin returned to dais.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to pass Resolution No. 2003-R0126 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
COMMUNITY SERVICES
Community Development
(34.) Resolution No. 2003-RO127 authorizing and directing the Mayor to
execute for and on behalf of the City of Lubbock a Loan Agreement
and all related documents between the City of Lubbock and Mr.
Asaad Mousavijam dba MLK Burger, from the Economic
Development Funds Program.
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Page 293
RESOLUTION NO.2003-RO127
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Loan Agreement, by and
between the City of Lubbock and Mr. Asaad Mousavijam d.b.a. MLK Burger Restaurant,
from the Economic Development Funds Program and all related documents. Said
Agreement is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 27th day of March, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Todd Steelman
Todd Steelman
Interim Community Development Director
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2003-RO 127.
The Economic Development Subcommittee of the Community
Development Services Board (CDSB) met on Wednesday, March 12,
2002, to discuss a loan packet that had been submitted by Mr. Asaad
Mousavijam. The subcommittee approved the loan for $75,000. The
funds are to be used for the renovation of his building, the purchase of
equipment, and working capital for his new restaurant located at 107
Beech Avenue.
The Economic Development Funds Program was established during a
previous allocation of Community Development Block Grant (CDBG)
funds. The purpose of the program is to provide needed capital for area
businesses at a reduced interest rate. By agreeing to the terms of this loan,
the business owner accepts his/her responsibility of retaining or creating
one job for every $35,000 borrowed. This job must be made available to
persons of low -to -moderate income.
A copy of the Promissory Note was provided in Council backup.
Community Development recommended approval of this resolution.
Todd Steelman, Interim Community Development Director, gave staff
comments.
_ Motion was made by Council Member Patterson, seconded by Council
Member Hernandez to pass Resolution No. 2003-RO127 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
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(35.) Resolution No. 2003-RO128 to approve an Interlocal Agreement
between the City of Lubbock and the City of Shallowater for the City
of Lubbock Community Development Department to write a grant
application to be submitted to the Texas Department of Housing and
Community Affairs (TDHCA) to apply for State HOME Funds for
rehabilitation and reconstruction activities to be conducted in
Shallowater and if approved, for the City of Lubbock to implement
and administer the program.
RESOLUTION NO.2003-RO128
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 Interlocal Agreement
between the City of Lubbock and the City of Shallowater for the City of Lubbock
Community Development Department to write a grant application for State of Texas
HOME Funds for rehabilitation and reconstruction activities to be implemented in
Shallowater and implement and administer said program, if approved 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 March, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Todd Steelman
Todd Steelman
Interim Community Development Director
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2003-RO128.
The City of Shallowater has requested assistance from the Community
Development Department of the City of Lubbock to write a grant
application to the Texas Department of Housing and Community Affairs
(TDHCA) for State HOME funds to conduct a rehabilitation and
reconstruction program in Shallowater. This program would identify low -
to -moderate income owner occupied households with homes in need of
rehabilitation due to substandard conditions. Houses deemed to be too
dilapidated to rehabilitate would be torn down and reconstructed with the
same grant funds.
There is a maximum grant allowed of $500,000 with a maximum
household allowance of $55,000. The grant application is due to TDHCA
on April 2, 2003.
If approved for the grant, the City of Lubbock Community Development
Department will also implement the program for Shallowater. Since the
City of Lubbock's Community Development Department implements the
Entitlement Home Program locally, there are already qualified and
experienced staff to implement this program for Shallowater. If approved
for the maximum amount, the City of Lubbock will take the maximum
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Page 295
allowable administrative fee, currently 4% of the grant, which is $20,000
(4% of $500,000)
In addition, the City of Lubbock administers the Community Services
Block Grant (CDSB). Part of the objective of this grant is to work with
cities in the county. By working with Shallowater, the objective of this
grant would be met, as well. Any uncovered administrative costs by the
State Home funds would be eligible under the CDSB Grant.
A copy of the letter from the City of Shallowater requesting that staff
write this grant and a copy of the Interlocal Agreement were provided in
Council backup.
Community Development Department recommended approval of this
resolution.
Todd Steelman, Interim Community Development Director, gave staff
comments.
Motion was made by Council Member Patterson, seconded by Council
Member Hernandez to pass Resolution No. 2003-RO128 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
Parks and Recreation
(36.) Resolution No. 2003-RO129 to name the accessible playground at
Maxey Park the AMBUCS HUB City Playground.
RESOLUTION NO.2003-RO129
WHEREAS, Section 2-259 of the Code of Ordinances of the City of Lubbock
requires the Parks and Recreation Board to submit recommendations to the City Council
with regard to the naming of park facilities; and
WHEREAS, a Park Naming Subcommittee, a subcommittee of the Parks and
Recreation Board, met on February 19, 2003, to discuss name recommendations for the
new accessible playground to be located at Maxey Park; and
WHEREAS, the three AMBUCS chapters, Caprock, Lubbock Downtown and
Lubbock Monterey, have formed a Lubbock AMBUCS Joint Project Board to act as a
fundraising and organizing unit for the project; and
WHEREAS, the Park Naming Subcommittee submitted three names to be
considered by the Parks and Recreation Board, which were approved by the Board on
February 25, 2003; and
WHEREAS, the recommended names were approved in the following priority:
1) AMBUCS HUB City Playground
2) HUB City Playground, and
3) HUB City Playground by AMBUCS; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the citizens of the City of Lubbock to name the new accessible playground at
Maxey Park as follow: NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the new accessible playground to be constructed at Maxey Park with the
assistance of the three Lubbock AMBUCS chapters is hereby named the AMBUCS
HUB City Playground .
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Resolved by the City Council of the City of Lubbock this 27th 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, Park and Recreation Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
A Park Naming Subcommittee, consisting of Parks and Recreation
Advisory Board members, Jerry Ramirez (Subcommittee Chairman), Suzi
King and Steve Locke, was charged with providing recommendations for
the naming of park facilities and areas for any items coming up in 2003.
The Subcommittee met on February 19, 2003 to discuss name
recommendations for the new accessible playground, which will be
located at Maxey Park. The park is located at 4020 30t' Street. The
Subcommittee was given the following items to review: Park Naming
Policy, Park Naming Criteria and background information on the
playground.
The new playground is a play structure that will allow all children, both
able-bodied and challenged, to play together. The playground will feature
a rubberized surface, which will allow full access with a wheelchair,
walker or crutches.
The three AMBUCS chapters, Caprock, Lubbock Downtown and Lubbock
Monterey, have formed the Lubbock AMBUCS Joint Project Board to act
as a fundraising and organizing unit for the project. The AMBUCS
chapters have raised $320,000. In March of 2002, based on the Matching
Funds Policy, AMBUCS requested that the City of Lubbock match
$60,000 for the playground. This request was approved and supported by
the Parks and Recreation Board in March of 2001. The City Council
approved $180,000 in October of 2001. The total cost of the project is
estimated at $500,000.
Because of the joint effort on behalf of the three AMBUCS chapters, the
Lubbock AMBUCS Joint Project Board requested the playground be
named "AMBUCS HUB City Playground".
As per the Park Naming Policy, the Park Naming Subcommittee
recommended three names to be considered by the Parks and Recreation
Advisory Board. The names are as follows:
1. AMBUCS HUB City Playground
2. HUB City Playground
3. HUB City Playground by AMBUCS.
On February 25, 2003, the Parks and Recreation Advisory Board
considered the recommendation of the Park Naming Subcommittee. The
Park Board approved the recommendation of the three names submitted by
the Subcommittee, with the name "AMBUCS HUB City Playground" as
the top priority.
Randy Truesdell, Parks and Recreation Director, gave staff comments.
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Motion was made by Council Member Martin, seconded by Council
Member Boren to pass Resolution No. 2003-RO129 with the name of
AMBUCS HUB City Playground as recommended by staff. Motion
carried: 6 Yeas, 0 Nays.
(37.) Resolution No. 2003-RO130 authorizing the Mayor to execute a
License Agreement with the Remington Park Neighborhood
Association for improvements at the Stormwater Detention Basin
(playa lake #30) in the Remington Park Subdivision.
RESOLUTION NO.2003-RO130
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 license agreement, by and
between the City of Lubbock and Remington Park Neighborhood Association 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 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
Parks and Recreation Director
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2003-RO130.
On November 21, 2002, representatives of the Remington Park
Neighborhood Association (RPNA) made a presentation to the City
Council with regard to improvements to the playa lake located at 73rd
Street and Albany Avenue. The RPNA has raised $5,000 for the work
they plan to have done. City Council asked that an agreement for the
improvements be developed and brought back to Council for
consideration. Below you will find a description of what the RPNA plans
to do:
1. The RPNA has been approved by the U.S. Fish and Wildlife
Service for $17,886 to develop the playa lake area into a migratory
bird habitat. The federal funds are anticipated to be released
shortly.
2. The grant funds will be used for the following:
a. Planting of buffalo grass sprigs on the flat areas with the
highest elevations (adjacent to the houses).
b. Incorporate blue and side oats grama into the buffalo grass
on the edge of the flat area and sloping down into the
wetland area.
C. On the slopes, plant a diverse native species mix including
mid and tall grasses (plains bristle grass, switch grass,
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Page 298
Indian grass, little bluestem), forbs (annual or Maximilian
sunflower, Englemann daisy, coreopsis, coneflowers, bee
balm/horse mint, bundleflower), and a few shrubs (4-wing
salt bush, aromatic sumac).
d. Adjacent to the wetland and in the drainage areas, moist
soil plants will be planted, including Japanese millet and
smartweeds.
e. Remove plastic erosion control material.
f. Grade slopes to smooth surface and prepare site for
plantings.
g. Install erosion material (Geojute) on slopes to control
erosion.
h. The RPNA will provide the labor and materials for the
improvements.
Some of the highlights of the agreement are as follows:
• The term is for one year.
• The City must approve all work to be done.
• Applicable clearance must be made by the Texas Parks and
Wildlife, Texas Historical Commission, the U. S. Fish and Wildlife
Service and U. S. Corps of Engineers.
• RPNA shall keep records of expenditures
• Indemnity language is included.
• Insurance requirements for the contractor are included.
On April 23, 2002 the Remington Park Neighborhood Association
presented a request to the Parks and Recreation Advisory Board for
improvements to the playa lake area at Remington Park. The Parks Board
supported their request.
Staff recommended approval of this resolution.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass Resolution No. 2003-RO130 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
(38.) Resolution No. 2003-RO131 authorizing the Mayor to execute the
necessary documents for a Naming Rights Agreement with Wells
Fargo for the Mackenzie Amphitheater.
RESOLUTION NO. 2003-RO131
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 Mackenzie Amphitheatre Naming
Agreement with Wells Fargo Bank Texas, National Association, and any associated
documents, which Agreement is attached hereto and which shall be a part of this
Resolution as if fully copied herein in detail.
Regular City Council Meeting
March 27, 2003
Page 299
Passed by the City Council this 27th 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, Parks and Recreation Director
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
A copy of the Agreement is filed with Resolution No. 2003-R0131.
On April 25, 2002, Wells Fargo announced its support for the Mackenzie
Amphitheater, by pledging $500,000 and a sculpture to be valued at
$100,000 for the Mackenzie Amphitheater, in exchange for the naming
rights to the facility. The amount was to be paid at $16,666.67 annually
for a thirty-year period. Shortly before the contract was to be signed by
Wells Fargo, the Securities and Exchange Commission (SEC) changed the
guidelines for contributions made by publicly traded companies. In effect,
long-term contracts for these companies now have to be expensed in the
first year of the contract. The SEC changed the guidelines in response to
the scandals exposed at Enron, WorldCom and others.
This Naming Rights Agreement is performance based and is similar to the
first agreement that was not signed last spring. The most significant
change is in the length of the contract. Instead of one thirty-year
agreement, the agreement now consists of unlimited three-year terms that
are automatically renewable, with annual contributions of $16,000.
Again, this change was made so that Wells Fargo would not have to
expense the $500,000 contribution all in one year. Like the previous
version of the agreement that was reviewed last Spring by the City
Council, but not signed by Wells Fargo, the contributions are tied to the
annual production of a historical drama that is planned to attract visitors to
the city each summer.
The first payment will be due in the year that the annual historical drama
opens at the amphitheater. The annual historical drama can open with one
act, but must be in full production for a period of approximately three
months by 2009, and each year thereafter. The frequency of productions
must not decline significantly from the three-month benchmark. The
drama and facility will be marketed on a local, regional, statewide and
national level.
Other provisions of the agreement include the following:
o Either party can terminate the agreement by giving at least 120
days' notice prior to the automatic extension date.
o City will require that stationery, brochures, and correspondence for
the advertising material and all events for the facility include the
"Wells Fargo Amphitheater" and/or trademarks provided by Wells
Fargo.
o Wells Fargo will pay for the costs associated with any name
change that they require of the facility.
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o If the first term is not automatically extended, Wells Fargo will pay
for all costs, losses and expenses incurred by the City of Lubbock
related to stationary, advertising and promotional materials on
hand, changing signage and any other materials that contain the
Amphitheater Marks.
Wells Fargo's public pledge of $500,000 was instrumental in
demonstrating a public/private partnership and assisted in securing
$447,075 from the federal government in February 2003.
As it is contrary to the spirit of the Naming Rights Agreement, it is not
recommended that these funds be utilized for the construction of the
facility at this time. The funds generated by this agreement can be utilized
for the purchase of land from Lubbock County.
With Council approval, these funds from the first term, and the interest
that they generate, can be utilized to pay Lubbock County for
approximately half of the value of the 37.42 acres that are leased to the
City Of Lubbock in Mackenzie Park.
In 1938, Lubbock County leased approximately forty acres to the State of
Texas for 100 years. The land became part of what was then known as
Mackenzie State Park. In 1992, a property exchange between the State of
Texas and the City of Lubbock occurred. In effect, Lubbock Lake
Landmark was traded to the State in exchange for Mackenzie State Park.
At that time, there were forty-six years remaining on the lease. Thus, the
acreage is now being leased from the County to the City of Lubbock. In
2001, the County sold 3.87 acres on the western rim of the property to the
South Plains Fairgrounds. The lease on this property was transferred at
that time. Currently, the City of Lubbock leases 37.42 acres from the
County and 3.87 from the South Plains Fair Grounds.
In September 1999, the citizens of Lubbock approved a $14.675 million
bond package for park improvements with $1.7 million slated for an
amphitheater in Mackenzie Park on the land leased from Lubbock County.
Currently, thirty-five years remain on the lease. It is estimated, that the
useful life expectancy of the amphitheater is thirty years.
In response to the request of several City Council Members, staff has
pursued the acquisition of the land. Last year, the County had the land
appraised for $2,700 per acre, which totals $101,034 for the 37.42 acres.
The other half could be paid for by the Coca Cola Enterprises, Inc.
Sponsorship.
Staff recommended approval of this resolution.
Corbin Pemberton, Community Projects Manager, gave staff comments.
Council Member Martin stated that Council was being asked to approve
the naming rights in this resolution, but in Item 41, was also being asked
to reject the construction bids for the amphitheater, because they are too
high. It has also been recommended that rebidding be delayed due to the
City's financial situation.
After discussion, motion was made by Council Member Morrison,
seconded by Council Member Hernandez to take Item 41 out of order.
Motion carried: 6 Yeas, 0 Nays.
At this time, Item 41 was considered.
This item was reconsidered following Item 41.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass (Item 38) Resolution No. 2003-R0131 as
recommended by staff. Motion carried: 5 Yeas, 1 Nay. Council Member
Martin voted Nay.
(39.) Resolution No. 2003-RO132 authorizing the Mayor to execute the
necessary documents for a Naming Rights Agreement with
FINA/ALON USA for the "Crossroads in Time" Sculpture Garden.
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RESOLUTION NO. 2003-R0132
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement with Alon
USA, L.P., entitled "Crossroads in Time Sculpture Garden Naming Agreement" and all
related documents. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 27th 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/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2003-R0132.
In December 1999, the City Council appointed the Millennium Advisory
Committee, a seventeen member diverse group of Lubbock citizens. This
Committee was tasked with recommending ways in which the new
amphitheater could become a world -class, multi -dimensional facility
meeting meets the needs of numerous user groups and celebrating the new
millennium by reflecting the art, architecture, heritage, and history of
Lubbock and the Llano Estacado.
The Millennium Advisory Committee was also charged with
recommending a project and funding source to commemorate the past 100
years of art, architecture, heritage, and history of Lubbock and the Llano
Estacado.
In September 2002, the Millennium Advisory Committee presented its
recommendations to the City Council. A sculpture garden with the theme
"Crossroads in Time" was chosen by the Committee to be placed adjacent
to the Mackenzie Amphitheater. In November 2002, the City Council
approved a professional services contract with Parkhill, Smith and Cooper
and local artist Steve Teeters for the fabrication of the sculpture garden.
The artwork is to be installed by November 30, 2003.
FINA/ALON USA announced its support for the Mackenzie Amphitheater
by pledging $150,000 for the venue in exchange for the naming rights to
the adjacent sculpture garden. The first payment of $50,000 will be paid
upon the official opening of the sculpture garden. A second payment of
$50,000 will be paid by January 15, 2004, after a fundraiser gala is held
prior to January 1, 2004. The final payment of $50,000 will be paid upon
the official opening of the Mackenzie Amphitheater.
The City will be responsible for installing a sculpture garden at the site of
the historic County Precinct Building on East Broadway and for
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coordinating support services for the fundraiser gala. Phyllis Jones and
Don Caldwell have already been planning the fundraiser gala for the
amphitheater to be held on December 31, 2003. Their event will satisfy
the provisions of the Naming Rights Agreement. The gala will bring
attention to a community art project that FINA/ALON USA will be
undertaking in the next few months, as well as the "Crossroads in Time"
sculpture garden and the Mackenzie Amphitheater.
Staff recommended approval of this resolution.
Corbin Pemberton, Community Projects Manager, gave staff comments.
Council Member Martin asked staff to determine the nature of the
corporate ownership of FINA.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to pass Resolution No. 2003-RO132 as recommended
by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Martin voted
Nay.
(40.) Resolution No. 2003-RO133 authorizing the Mayor to execute a
sponsorship agreement for the Mackenzie Amphitheater with Coca
Cola Enterprises, Inc.
RESOLUTION NO. 2003-RO133
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 Sponsorship Agreement for the
Mackenzie Amphitheater with Coca Cola Enterprises, Inc., and any associated
documents, which Sponsorship 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 27th 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, Parks and Recreation Director
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
A copy of the Sponsorship Agreement is filed with Resolution No. 2003-R0133.
Coca Cola Enterprises has agreed to pay $5,000 per year for ten years to
the City Of Lubbock as a sponsorship of the Mackenzie Amphitheater.
With Council approval, these funds and the interest that they generate can
be utilized to pay Lubbock County for approximately half of the value of
the 37.42 acres that are leased to the City of Lubbock in Mackenzie Park.
In 1938, Lubbock County leased approximately forty acres to the State of
Texas for 100 years. The land became part of what was then known as
Mackenzie State Park. In 1992, a property exchange between the State of
Texas and the City of Lubbock occurred. In effect, Lubbock Lake
Landmark was traded to the State in exchange for Mackenzie State Park.
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Page 303
At that time, there were forty-six years remaining on the lease. Thus, the
acreage was now being leased from the County to the City of Lubbock. In
2001 the County sold 3.87 acres on the western rim of the property to the
South Plains Fairgrounds. The lease on this property was transferred at
that time. Currently, the City of Lubbock leases 37.42 acres from the
County and 3.87 from the South Plains Fair Grounds.
In September 1999, the citizens of Lubbock approved a $14.675 million
bond package for park improvements with $1.7 million slated for an
amphitheater in Mackenzie Park on the land leased from Lubbock County.
Currently, thirty-five years remain on the lease. It is estimated, that the
useful life expectancy of the amphitheater is thirty years.
In response to the request of several City Council Members, staff has
pursued the acquisition of the land. Last year, the County had the land
appraised for $2,700 per acre, which totals $101,034 for the 37.42 acres.
The $50,000 contribution over ten years, and the interest that it generates,
can pay for half of the value of this land. The other half could be paid for
by the Wells Fargo Naming Rights Contract.
Staff recommended approval of this resolution.
Motion was made by Council Member Morrison, seconded by Council
Member Hernandez to pass Resolution No. 2003-R0133 as recommended
by staff. Motion carried: 5 Yeas, 1 Nay. Council Member Martin voted
Nay.
The next item considered was Item 30
(41.) Resolution No. 2003-R BID #010-02/RS—for the Mackenzie Park
Amphitheater (Park Development).
This item was considered following Item 38.
This project involves the construction of the Mackenzie Outdoor Theater
that was approved by voters in the September 1999 General Obligation
Bond election. At that time, $1.7 million was earmarked for the project.
The original concept for the multi -use facility was a concrete stage,
restrooms, and seating area for approximately 3,000. In March 2000, the
architectural engineering team of Carter & Burgess, Inc and Parkhill,
Smith and Cooper, Inc. was hired to design the theater.
Many cultural groups were interviewed to ensure that the theater would
meet their production needs. To ensure that this facility was not a
duplication of the private amphitheater, the concept was changed to
feature theatrical, dance and symphonic productions. Consequently, a
building with dressing rooms, adequate storage, a production office and
restrooms was added to the scope of the project. The seating capacity for
the venue was defined as 1,000 hard seats and 1,000 lawn seats.
In accordance with the Texas Antiquities Code, the archaeological survey
at the theater site began in August 2000. Preliminary testing indicated a
high concentration of cultural artifacts at the original site. Over the next 14
months, through extensive testing, a site was cleared approximately 200
yards south of the original site. The new site was chosen to avoid the high
concentration of artifacts, while still maintaining the integrity of the new
concept. In September 2001, the City Council amended the original
design contract to include the expanded concept at the new site.
The theater is meant to annually host the Summer Melodrama, numerous
musical events, and a new theatrical drama that is currently being written
by Andy Wilkinson. This project responds to a high priority as
established in the Goals of Lubbock: A Vision into the 21" Century, the
City Council Goal to implement the Canyon Lakes Master Plan, the
Lubbock Comprehensive Parks/Recreation and Open Space Master Plan.
This site was also chosen by the Millennium Committee as the site for the
Centennial project.
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As mentioned earlier, archaeological delays caused the construction to
begin in 2002, a year later than originally anticipated. To account for
inflation and the additional amenities that have been added during the
planning stages, the construction budget was supplemented with transfers
from related general obligation bond funded projects such as Park
Benches/Seating Areas and Irrigation/Lighting Automation to account for
the expanded scope of the project.
Time for completion of this project is 365 days and liquidated damages are
$500 per day. Thirty-three local contractors and subcontractors were
notified of this Invitation to Bid.
FISCAL IMPACT:
A total of $2,036,068 was appropriated and $1,686,914 is available in
project number 9145.9246.30000 (Mackenzie Outdoor Theater) for this
purpose.
The low bid is $2,765,000 from Sandia Construction Inc. of Lubbock,
Texas. Staff recommended that City Council reject all bids. Even though
additional funding has been secured to move forward with this project,
because of the fiscal strain on the City organization at this time, staff
thinks that it is imprudent to move forward on this project. Staff
recommended that the project be rebid at a later date.
Council Member Martin asked why staff recommended rejecting all bids?
Corbin Pemberton, Community Projects Manager, stated that when the
City first sold the bonds for the project, $1.7m was allocated. But through
the long process of designing the project and the Council charging the
Millennium Committee to make this project a first-class facility, the
project was bid out at $2.7m.
He pointed out that the $500,000 from Wells Fargo for naming rights of
the amphitheater is not to be used for construction.
Mr. Pemberton suggested that by pushing this matter to a July -August _
timeframe and awarding it in September, operations would not begin until
the spring of 2005. Hopefully by that time, finances would be back in
order.
He also stated the contractor had faxed a letter stating they would hold
their bid until September 30, 2003. They also have a bid bond with the
City.
Victor Kilman, Purchasing Agent, stated Council could request soliciting
bids for a project of a smaller scope.
Motion was made by Council Member Hernandez to accept Bid 4010-
02/RS at $2.7. Motion died for lack of second.
Motion was made by Council Member Martin to reject Bid 9010-02/RS,
instruct staff to never bid it again and kill the project. Motion died for
lack of second.
Motion was made by Council Member Patterson, seconded by Council
Member Boren to continue this item to the first City Council meeting in
September and to direct staff to solicit bids for a project of a smaller scope
of $2.3m or less. Motion carried: 5 Yeas, 1 Nay. Council Member Martin
voted Nay.
At this time, Item 38 was reconsidered. --
DEVELOPMENT SERVICES
Right -of -Way
(42.) Ordinance No. 2003-0 abandoning and closing portions of 51h
Street, 6th 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 5th Street) (first reading).
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Page 305
This item was considered following Item 32.
No action was taken on this item.
This ordinance abandons and closes a portion of 5th Street and a portion of
61h Street between Avenue E and Avenue G and a portion of Avenue F
between 51h Street and 7th 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. As Mr. Zahn was not the original
dedicator of these areas being closed, there will be a charge. The total
area of these street and alley portions being closed amounts to 133,729.20
square feet and this area has been appraised at $00.30 per square feet 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.
Mr. Zahn addressed the City Council on his proposed plan for this area
and answered questions.
If the City Council approved these right-of-way closures, the Right -of -
Way Department recommended the approval of the first reading of this
ordinance.
Motion was made by Council Member Morrison to approve first reading
of this ordinance. Motion died for lack of second.
Ed Bucy, Right -of -Way Agent, gave staff comments.
Council Member Morrison mentioned that Kyle Zahn, owner of the above
property, stated that this area would be used for landscaping and for
artisans to bring their work to show outdoors. Mr. Zahn also stated he is
contemplating a restaurant.
Council Member Hernandez stated that he was concerned about what
might happen. Some other cities, i.e. Eastern Market in Washington D.C.
was an "artsy" area, which throughout the years changed in character and
turned into a flea market.
Randy Henson, Senior Planner, gave staff comments. He suggested
Council continue the closure process and request Mr. Zahn to file a zone
case on the property tied to conditions, which at a certain point would
lapse back to interstate commercial.
Motion was made by Council Member Hernandez, seconded by Council
Member Patterson to continue this item with directives to staff to work out
the zone case with specific conditions.
Council Member Hernandez stated he would like to have some sort of
mechanism placed in where there is actually a yearly review as to
compliance.
Anita Burgess, City Attorney, suggested that Council take no action on
this item and staff would work on this item and bring it back to Council.
Council Members Hernandez and Patterson withdrew their motion.
(43.) Resolution No. 2003-RO134 authorizing the Mayor to execute a street -
use license with American International Management L.L.C. d/b/a
Hub City Brewery for the use of a City street in Block 231, Original
Town Addition to the City of Lubbock for an outdoor dining area
with tables (1807 Buddy Holly Avenue).
RESOLUTION NO.2003-RO134
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 for an
outdoor dining area with tables, by and between the City of Lubbock and American
International Management, L.L.C., dba Hub City Brewery, and related documents. Said
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Page 306
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 March, 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-R0134.
Andrew Goh, one of the owners of Hub City Brewery, desires to fence in a
portion of Buddy Holly Avenue right-of-way with a decorative three-foot
tall wrought iron fence and have tables set in this area for dining. Directly
across the street to the west, Tom's Daiquiri and Clousseau's were issued
a street use license for this same reason. The area to be fenced measures
8.42 feet east to west by 50 feet north to south and is located in the
concrete portion (8.60 feet in width) of the east parkway of Buddy Holly
Avenue. The parkway area of the east side of Buddy Holly Avenue is
19.6 feet in width and will leave 11.2 feet of pedestrian walkway area.
The cost for this license area will be as follows: 8.42 feet X 50 feet = 421
square feet of parkway to be fenced. Using the street -use license formula
and adjacent land values per square foot, the cost for this license per year
will be: 421 square feet X $2.00 per square foot = $842 X 10% = $84.20
or $421 per five year term of this 20 year license.
Right -of -Way Department recommended approval of this resolution
Motion was made by Council Member Martin, seconded by Council
Member Boren to pass Resolution No. 2003-RO134 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
MISCELLANEOUS
Communications/Legislation
(44.) Resolution No. 2003-RO136 adopting items to be added to the
previously approved legislative priorities for the 781h Legislative
Session defining the position of the City of Lubbock and taking
appropriate action.
RESOLUTION NO.2003-RO136
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby adopts the following items
to be added to the previously approved legislative priorities for the 78`h State Legislative
Session defining the position of the City of Lubbock, subject to the Omnibus Legislative
Policy as set forth in Resolution 2002-R0525. Said additional Legislative priorities 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.
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Page 307
Passed by the City Council this 27th day of March 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tony Privett
Tony Privett
Director of Communications and Legislation
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the additional Legislative priorities is filed with Resolution No. 2003-R0136.
The state legislative package passed by Council at the November 21, 2002
meeting provided a basis for the City's position on issues during the 2003
Legislative Session. Since the beginning of the session, there are
numerous additional bills pending before the Legislature that could have
an impact on the City.
The most important of these bills was provided in Council backup.
Staff requested Council's direction on these bills.
Tony Privett, Director of Communications and Legislation, gave staff
comments.
Council Member suggested a roll call vote as to the Council's position on
each bill.
Mr. Privett asked for votes on the following items:
House Bill 1606. Mayor McDougal and Council Members Boren, Martin
Morrison and Patterson opposed this bill. Council Member Hernandez
requested that this bill be monitored.
House Bill 1942. Mayor McDougal and Council Members Boren, Martin
Morrison and Patterson opposed this bill. Council Member Hernandez
requested that this bill be monitored.
Council Member Martin suggested finishing the rest of the agenda and
getting back with Item 44 after Executive Session.
Motion was made by Council Member Hernandez, seconded by Council
Member Boren to continue Item 44 until after Executive Session. Motion
carried: 5 Yeas, 1 Nay. Council Member Patterson voted Nay.
This item was reconsidered following Item 46.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to pass Resolution No. 2003-R0136, subject to the
Omnibus legislation. Motion carried: 4 Yeas, 0 Nays.
Council Members Boren and Martin were away from the dais.
(45.) Resolution No. 2003-R0135 authorizing the Mayor to execute a change
order in the amount of $4,282,421 to the contract between the City of
Lubbock and Barnard Construction Company, Inc., for construction
of the South Central Lubbock Drainage Improvements Project.
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Page 308
RESOLUTION NO.2003-RO135
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 Change Order No. 5 for
South Central Lubbock drainage improvements, by and between the City of Lubbock and
Barnard Construction Company, Inc. of Boseman, Montana and related documents. Said
change order is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 27th day of March, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Change Order is filed with Resolution No. 2003-R0135.
After contract approval in June 2001, the South Central Lubbock Drainage
Improvements Project began construction in October 2001. The
Contractor, Barnard Construction Company, Inc., is currently ahead of the
contract construction schedule. The good news is that everything is on
schedule and we have been able to make design changes in the field that
have saved the taxpayers money. However, the bad news is that we can't
always know for sure what will be encountered when digging at depths of
25' to 53' along a 14-mile corridor. There have been a number of issues
that have caused the need for additional tunneling operations along Line
Al (the outfall line from Clapp Park to the Canyon) of this project. The
project has encountered rock excavation, utilities, and some realignment
due to right-of-way restrictions.
During the design phase of the project, the Engineering Team, led by
Parkhill, Smith and Cooper, Inc., did a soil investigation in 48 test holes
along the project corridor. These tests did not show that the project would
encounter rock excavation to the degree necessary to require special
equipment or methods of construction. The Contractor also did their own
test holes prior to bidding the project and found no rock in the areas of
excavation.
As construction got underway, rock was encountered at various depths and
locations causing more work and special equipment by the Contractor,
which no one could have predicted. Since the rock was encountered on
the project, the City and the Contractor have spent additional time and
money drilling another 15 to 20 holes in the area along Line Al to
determine the rock limits. There appears to be a wide and varying rock
layer at depths as shallow as 20' — 25' causing equipment failure with
machines having more than 400hp with special rock excavators attached to
their stems.
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The Staff, Engineer, and Contractor considered several options including
blasting and additional tunneling. Since much of this area is within
residential neighborhoods, the blasting option is realistic and could cause
damage to neighboring properties. It was decided that additional
tunneling would be the best option.
The additional tunneling along Line Al provided a much lower risk to the
City of Lubbock. The cost of tunneling would be higher. However, the
cost of the actual rock excavation would be lower and there would be
much less disturbance to affected residents. With the tunneling operation,
the material encountered must have a standard penetration resistance of
100 blows/2 inches to qualify as rock. The open cut definition of rock
was related to the type of equipment needed to excavate the material and
left it more to field judgment. By allowing the additional tunneling, it
would guarantee that the only rock to be paid would be in an 88" tunnel.
The rock for the open cut could possibly be a 10' wide trench at depths of
16' to 20'. At these depths, it is impossible to know the exact limits of the
rock and by tunneling we lower that risk as much as we possibly can.
Even with the additional costs associated with it, the additional tunneling
saved an estimated $1.3 million in rock excavation
Rock was not all that caused some additional tunneling along Line Al.
There was additional tunneling done along Line Al for utilities that had
been installed along Ave. P after the project design was complete. City
Staff, including the legal department, requested reimbursement from these
utility companies for this cost, but the utility companies have refused
citing state law that allows them to place lines in public rights -of -way.
The cost of this change was an additional $52,400.
After the project design was complete, there had to be some project
realignment in the Ave. L corridor for right-of-way conflicts found. This
realignment added approximately 600 feet to the total length of tunnel for
this line and an additional cost of $609,000.
There are a number of line items included with the change order that are
shown to be deducts. Continual design/field changes allowed the City to
save approximately $1.6 million. These items included such things as
small realignments, allowing additional open cut operations, and removal
of unnecessary manholes. One thing not found the project, but which had
been expected, was the excavation and handling of contaminated soils.
Even though the project went through areas where the groundwater was
being cleaned due to leaking storage tanks, no problems were encountered.
This item is being deleted with this change order.
The summary of the change order costs are as follows:
Additional rock excavation
$2,838,000
Additional tunneling due to rock on Line Al
$2,773,995
Deduct for open cut on Line Al
($ 961,920)
Additional open cut on other lines from field change
$ 243,490
Deduct from tunnel items due to field changes
($ 13,482)
Deducts for contaminated soils
($ 19,005)
Deducts for unnecessary manholes
($ 60,000)
Additional paint costs for park building
$ 5,000
Other miscellaneous dewatering
($ 23,657)
Total Change Order #5
$4,282,421
The original contract amount was $29,600,000. There have been four (4)
minor change orders prior to this one that amounted to a deduction of
$2,643.03. The total of all change orders amounts to a 14.5% increase to
the contract.
FUNDING:
City Council approved the addition of $4,000,000 to the South Central
Lubbock Drainage Improvements project in the FY 2002-03 budget
bringing the total project budget to $39,010,000. The $4,000,000 was to
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Page 310
be funded with revenue bonds to be sold in 2003. With the bond sale
being postponed, and with Council having approved a "Resolution
Declaring Expectation to Reimburse Expenditures with Proceeds of Future
Debt" on January 23, 2003, the change order will be funded initially from
the Storm Drainage Capital Projects Fund Balance and reimbursed with
future bond proceeds.
The Storm Drainage Capital Projects Fund Balance was $6,563,505 on
January 31, 2003. This temporary cash flow of funds would leave a
balance of $2,563,505 in the fund balance.
Staff recommended approval of this resolution.
Motion was made by Council Member Hernandez, seconded by Council
Member Boren to pass Resolution No. 2003-RO135 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
(46.) Consider six appointments to the Entertainment Lubbock Task Force.
Purpose: 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.
Motion was made by Council Member Martin, seconded by Council
Member Hernandez to appoint Jim Bertram, Don Caldwell, Tina Fuentes,
Phyllis Jones, Dick Milam and Phil Price to the Entertainment Lubbock
Task Force. Motion carried: 6 Yeas, 0 Nays.
12:05 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
4:50 P. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council
Member Frank W. Morrison, Council Member T. J. Patterson
Absent: Council Members Boren, Cooke and Martin.
Mayor McDougal called the meeting to order at 4:50 P. M.
The next item considered was Item 44.
4:59 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Council Member
Patterson moved to adjourn. Mayor McDougal adjourned the meeting.
Read and approved this ; i 41)day of 0 Lr'1 Vh W , 2005.
CDOUGAL, MAYOR
ATTEST:
becca Garza, City Secretary
310