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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 272 Regular City Council Meeting March 27, 2003 Page 273 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. 273 Regular City Council Meeting March 27, 2003 Page 274 (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 274 Regular City Council Meeting March 27, 2003 Page 275 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. 275 Regular City Council Meeting March 27, 2003 Page 276 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. 276 Regular City Council Meeting March 27, 2003 Page 277 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. 277 Regular City Council Meeting March 27, 2003 Page 278 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. 278 Regular City Council Meeting March 27, 2003 Page 279 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. 279 Regular City Council Meeting March 27, 2003 Page 280 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. 280 Regular City Council Meeting March 27, 2003 Page 281 (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 281 Regular City Council Meeting March 27, 2003 Page 282 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. 282 Regular City Council Meeting March 27, 2003 Page 283 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. 283 Regular City Council Meeting March 27, 2003 Page 284 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. 284 Regular City Council Meeting March 27, 2003 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, 285 Regular City Council Meeting March 27, 2003 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). 286 Regular City Council Meeting March 27, 2003 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. 287 Regular City Council Meeting March 27, 2003 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. 288 Regular City Council Meeting March 27, 2003 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. 289 Regular City Council Meeting March 27, 2003 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. 290 Regular City Council Meeting March 27, 2003 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. 291 Regular City Council Meeting March 27, 2003 Page 292 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. 292 Regular City Council Meeting March 27, 2003 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. 293 Regular City Council Meeting March 27, 2003 Page 294 (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 294 Regular City Council Meeting March 27, 2003 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 . 295 Regular City Council Meeting March 27, 2003 Page 296 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. 296 Regular City Council Meeting March 27, 2003 Page 297 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, 297 Regular City Council Meeting March 27, 2003 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. 299 Regular City Council Meeting March 27, 2003 Page 300 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. 300 Regular City Council Meeting March 27, 2003 Page 301 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 301 Regular City Council Meeting March 27, 2003 Page 302 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. 302 Regular City Council Meeting March 27, 2003 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. 303 Regular City Council Meeting March 27, 2003 Page 304 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). 304 Regular City Council Meeting March 27, 2003 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 305 Regular City Council Meeting March 27, 2003 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. 306 Regular City Council Meeting March 27, 2003 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. 307 Regular City Council Meeting March 27, 2003 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. 308 Regular City Council Meeting March 27, 2003 Page 309 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 309 Regular City Council Meeting March 27, 2003 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