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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/24/2003CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JULY 24, 2003 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 24th day of July, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:33 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T.J. Patterson Absent: Council Member Gary Boren Council Member Boren arrived at 7:37 A. M. CITIZEN COMMENTS Three citizens expressed comments to the Council. They were: Karen Slay, Executive Director of Injury Prevention Coalition, spoke concerning the elimination of two health educator positions. Mayor McDougal stated that since this item was not on the agenda, Council could not comment. He further stated a public hearing would be held August 6, at which time she could readdress Council for their input. Vance Scoggin, 3407 — 37`h, expressed his appreciation to Council for their efforts in the reduction of property taxes. Sharon Judd, President of the North Overton Neighborhood Association appeared to discuss issues related to North Overton. Larry Noland was present to discuss issues related to the downfall of the North Overton area, but asked not to speak at the time. EXECUTIVE SESSION Mayor McDougal stated: "City Council will 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, 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." 7:41 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding operation, financial and capital statements and budgets, revenue and expense projections, strategic and business plans and studies of Lubbock Power and Light; Regular City Council Minutes July 24, 2003 Page 58 to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency; to deliberate, vote and take final action on a competitive matter regarding wholesale energy sales/contracts by the City of Lubbock; to deliberate, vote and take final action on a competitive matter regarding a contract to sale certain sulfur dioxide emission allowances; to discuss, vote and take final action on a competitive matter regarding marketing and advertising agreements related to retail energy sales by the City of Lubbock's electric utility, Lubbock Power & Light. (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation. (Police, Right -of -Way) (4.) 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 (Water, Right -of -Way). (5.) 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). 10:21 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary 0. Boren, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson; Tommy Gonzales, Interim City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: No one. Mayor McDougal called the meeting to order at 10:21 A. M. (6.) Invocation by Council Member T. J. Patterson. (7.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. CONSENT AGENDA (Items No. 8-13, 17-22) Motion was made by Council Member Gilbreath, seconded by Council Member Patterson to approve Items 8-13, 17-22 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. (8.) Approval of Minutes: Regular Council Minutes July 10, 2003 (9.) ORDINANCE ##2003-00075 Consider abandoning and closing a 10-foot wide drainage easement located in Lots 86 and 87, Ridgewood 11 Addition to the City of Lubbock and a 10-foot wide drainage easement and a 20-foot wide drainage easement located in Lot 7, Commanders Addition in Block AK, Section 43, Lubbock County, Texas (6504 21St Street). Second and Final Reading 58 Regular City Council Minutes July 24, 2003 Page 59 ORDINANCE NO.2003-00075 AN ORDINANCE ABANDONING AND CLOSING A 10 FOOT DRAINAGE EASEMENT LOCATED IN LOTS 86 AND 87, IN THE RIDGEWOOD II ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND A 10-FOOT WIDE DRAINAGE EASEMENT AND A 20-FOOT WIDE DRAINAGE EASEMENT LOCATED IN LOT 7, COMMANDERS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND 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 July IOth City Council meeting as a routine consent agenda item. The Right -of -Way Department recommended approval of the second reading of this ordinance. (10.) Ordinance 2003-00076 Amendment of Chapter 28 of the Code of Ordinance of the City of Lubbock Wastewater Ordinance with regard to address new specific pollutant limitations, wastewater contribution permits and compliance activities. Second and Final Reading ORDINANCE NO.2003-00076 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE WASTEWATER SYSTEM OF THE CITY OF LUBBOCK; DEFINITIONS OF AFFECTED TERMS; ABBREVIATIONS AND DESIGNATED MEANINGS; GENERAL DISCHARGE PROHIBITIONS; SPECIFIC POLLUTANT LIMITATIONS; NATIONAL CATEGORICAL PRETREATMENT STANDARDS; AFFIRMATIVE DEFENSE -ACT OF GOD; REGULATION OF WASTE RECEIVED FROM OUTSIDE MUNICIPAL JURISDICTION; INDUSTRIAL PERMITTING; PERMIT APPLICATION; PERMIT CONDITIONS; WASTEWATER DISCHARGE PERMIT REVOCATION; COMPLIANCE DATA REPORT; BASELINE MONITORING REPORTS; RECORD KEEPING; SAMPLE COLLECTION; SEARCH WARRANTS; ADMINISTRATIVE PROCEDURES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The City of Lubbock has an Environmental Protection Agency (EPA) approved Pretreatment Program that monitors industrial and commercial wastewater discharges to the Southeast Water Reclamation Plant (SEWRP). In April 2001, the SEWRP was issued a Texas Pollution Discharge Elimination System (TPDES) permit. This permit required staff to reassess the pollutant limits for industrial and commercial facilities that discharge into Lubbock's sewer system. The purpose of the reassessment is to ensure that wastewater discharged into the sewer system can be treated to at least stream quality water and will meet stream quality standards. The purpose of this amendment is to amend the current wastewater quality parameters and to addresses other changes required as a result of a review performed by the Texas Commission on Environmental Quality (TCEQ). The changes include updating terminology and other minor changes to bring the pretreatment program up to federal code. FISCAL IMPACT: No new fiscal impact. Staff recommended approval of this ordinance. (11.) Resolution No. 2003-R0275 authorizing the Mayor to execute a lease with Lubbock Blues, Inc. for use of a City parking lot (1802 Avenue F). 59 Regular City Council Minutes July 24, 2003 Page 60 RESOLUTION NO.2003-RO275 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Lease between the City of Lubbock and Lubbock Blues, Inc., and related documents. Said Lease 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 24th day of July, 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/ John Knight John Knight, Assistant City Attorney A copy of the Lease is filed with Resolution No. 2003-R0275. Located at the northeast corner of 180' Street and Avenue G is a restaurant/bar owned by Lubbock Blues, Inc. They will be opening soon as JFKS. They do not have enough parking at this location per the zoning ordinance for customers of the club during the evening and nighttime hours and desire to lease 45 parking spaces from the City at the northeast corner of the Buddy Holly Center (South of 18`h Street, west of Avenue F). The City will lease these 45 spaces (North '/z of Lot 22 and all Lots 23 and 24, Block 232, Original Town Addition) to Lubbock Blues, Inc. for $225.00 per month. This was calculated as follows: $15 per space (typical monthly downtown parking lot space rental rate) X 45 spaces = $675. They will be open 7 days a week but only need the spaces from 6:00 P.M. to 2:00 A.M. or one-third of day so $675 X 1/3 = $225 due the City per month. The Right -of -Way Department recommended approval of this resolution. (12.) Resolution No. 2003-RO276 authorizing the Mayor of the City of Lubbock to execute a Memorandum of Understanding defining Roles and Responsibilities of the City of Lubbock and the Lubbock Metropolitan Planning Organization. RESOLUTION NO.2003-RO276 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 Memorandum of Understanding defining roles and responsibilities of the City of Lubbock and the Lubbock Metropolitan Planning Organization and other related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. E1 Regular City Council Minutes July 24, 2003 Page 61 Passed by the City Council this 24th day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Assistant City Manager Administrative Services APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0276. The Lubbock Metropolitan Planning Organization (MPO) and the City of Lubbock currently have a Memorandum of Understanding outlining the roles and responsibilities of each entity as they relate to the Lubbock Metropolitan Planning Organization. The current MOU expires on September 30, 2003 and the Lubbock Metropolitan Planning Organization is requesting that the City of Lubbock City Council continue the Memorandum of Understanding. The MPO is requesting that this MOU be entered into early, as no changes are necessary and the MOU has worked well for both parties. Also, the MOU is scheduled to be renewed during the month that the Council considers the City Budget and this item may take up time that may be needed for the City Budget. It is also requested that this MOU be automatically renewed each year unless canceled as provided in the MOU. The Lubbock Metropolitan Planning Organization (MPO) is the organization that is responsible for the cooperative, comprehensive, and continuing transportation planning process for the Lubbock Metropolitan Area. MPOs are required by Federal Law to be established within urban areas that have a population of 50,000 or greater by federal law (U.S. Title 23 or as it is commonly referred "The Transportation Equity Act of the 21 st Century — TEA-21). MPOs are governed by a Transportation Policy Committee, which, in the case of the Lubbock MPO, contains representatives from the City of Lubbock, City of Wolfforth, County of Lubbock, the Texas Department of Transportation and Citibus. The Memorandum of Understanding outlines the roles and responsibilities _ of each entity as they relate to the Lubbock Metropolitan Planning Organization. On adoption of new bylaws on October 3, 2002, the Transportation Policy Committee of the Lubbock Metropolitan Planning Organization committed to establishing fiscal and personnel management agreements between the City of Lubbock and itself to identify respective relationships, roles and responsibilities. 61 Regular City Council Minutes July 24, 2003 Page 62 The City of Lubbock is the fiscal agent for the MPO and an agreement needs to be in place that clearly outlines its roles and responsibilities in support of the MPO for fiscal responsibilities. The Lubbock MPO Transportation Policy Committee requests that the City of Lubbock City Council adopt the resolution and continue this agreement. (13.) Resolution No. 2003-RO277 authorizing the Mayor to execute for and on behalf of the City of Lubbock, an amendment to the original contract for Professional Services and any associated documents by and between the City of Lubbock and Landress Architecture (LA), _ Inc. for the development of contract documents for Security Measures at Mahon Library and Fleet Services. RESOLUTION NO.2003-RO277 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the Architectural Services Agreement executed on January 18, 2002, between the City of Lubbock and Landress Architecture, Inc., and any associated documents, a copy of which Amendment is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 24th day of July, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Harlan D. Stauffer, PE, Facilities Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Amendment is filed with Resolution No. 2003-R0277. A contract was signed between the City of Lubbock and Landress Architecture, Inc. to develop the plans and specifications for the implementation of security measures at several City facilities. This contract was approved by Resolution No. 2002-RO051, February 14, 2002, Item No. 21. The original scope included installation of bollards, installation of infrared detection system, installation of bullet resistant film, installation of fresh air sensors and other security related items. The facilities involved are as follows: Auditorium/Coliseum, Civic Center, Health Department, Lubbock Business Center, Municipal Building, Municipal Square, and the Water Reclamation Plant. Security measures were requested at two additional facilities with the scope for these facilities as follows: 1. Mahon Library Security Measures: The security measures at Mahon Library will include the following items: 62 Regular City Council Minutes July 24, 2003 Page 63 Wireless Camera System to include four (4) fixed color cameras, one (1) digital recorder and one (1) color monitor or television. a. b. Additional Lighting for the north parking lot (for increased safety as workers leave after dark) will include one (1) 30' pole with four (4) 1000-watt floodlights. C. Exterior lighting to illuminate the perimeter of Mahon Library will include nine (9) ground flood lights to be trenched around the perimeter of the building, conduit will be brought into the mechanical room in the northwest basement. d. Related motion sensors and equipment to control lighting as required. 2. Fleet Services Security Measures: The security measures at Fleet Services will include the following: a. Seven (7) fixed black and white exterior cameras with infrared technology. b. Seven (7) transmitters with distance capabilities between 1,500-3,000 feet. C. One (1) digital recorder and one (1) monitor or television. d. Two (2) 4-channel receivers. e. One (1) Dual-Quad-8-camera splitter. f. Related equipment to obtain a workable system. Facilities Management Department recommended approval of this resolution. (14.) Resolution No. 2003-RO285 establishing the Lubbock Water Advisory Commission. This item was moved from consent agenda to regular agenda and was considered following Item 22. RESOLUTION NO. 2003-RO285 WHEREAS, the City Council of the City of Lubbock desires to establish the Lubbock Water Advisory Commission to review and evaluate various water and wastewater related issues; WHEREAS, the Lubbock Water Advisory Commission shall be appointed and serve as set forth below; WHEREAS, the goal of the Lubbock Water Advisory Commission is to evaluate the below described water and wastewater related matters, and to advise and make recommendations to the City Council on such matters; WHEREAS, the creation of the Lubbock Water Advisory Commission to review the water and wastewater related matters described below is important to ensure the future of a consistent supply of potable water to the citizens of the City of Lubbock; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT the Lubbock Water Advisory Commission is hereby created by the City Council of the City of Lubbock, which shall perform its duties in accordance with the following criteria: A. The primary objective of the Commission shall be to assist the City Council in reviewing the following issues: a. Acquisition and utilization of water resources b. Conservation, reuse of water resources, and related educational programs C. Operating budgets 63 Regular City Council Minutes July 24, 2003 Page 64 d. Facilities and infrastructure needs, replacement, and planning e. Major capital expenditures and the priorities of the completion of water related projects f. Regional water needs and requests from other entities for water and wastewater services g. Water and wastewater rates and fees h. Water and wastewater rate structures i. Long range water and wastewater planning efforts j. Water supply, pumping capacity, and demand projections k. Potential impact of state and federal water and wastewater regulations and mandates 1. Bonded indebtedness in. Operating efficiencies n. Other water and wastewater related matters, as designated by the City Council B. The Commission shall present their recommendations regarding the matters described above to the City Council for their review and implementation as deemed appropriate by the City Council. 2. THAT the Commission shall consist of nine (9) members, who shall be comprised of. one (1) member being a representative of the Brazos River Authority; one (1) member being a representative of the Canadian River Municipal Water Authority; one (1) member being a representative of the High Plains Underground Water Conservation District No. 1; one (1) member being a representative of the Llano Estacado Regional Water Planning Group; and five (5) members at -large. The City Council of the City of Lubbock shall appoint all Commission members. The City Council of the City of Lubbock shall designate the Chairperson and the Vice Chairperson from the appointed members of the Commission. The City Manager of the City of Lubbock shall appoint one (1) City employee to act as a liaison to the Commission. 3. THAT regular meetings will be held at times and locations established by a majority of the Commission members once every three (3) months, unless otherwise deemed necessary by the Commission. A simple majority shall constitute a quorum, and a majority vote of the quorum shall be required for any action to be taken by the Commission. All meetings and procedures shall be consistent with the policies of the City of Lubbock concerning advisory Commissions and Boards. 4. THAT the Commission members shall serve as follows: Four (4) Commission members shall serve for a term of one (1) year and five (5) Commission members shall serve for a term of two (2) years, said terms to be determined by the Lubbock Water Advisory Commission by a drawing of straws. At the expiration of the terms of the initial Commission members, all terms shall be for two (2) years, or until such time as their successors are appointed, as provided above. 5. THAT all Commission members shall serve at the pleasure of, and may be removed by, the City Council of the City of Lubbock. There shall be no limit upon the number of terms, including successive terms, that a Commission member may serve. 6. THAT reports shall be presented by the Chairperson of the Commission to the City Council as requested by the City Council. ZI Regular City Council Minutes July 24, 2003 Page 65 Passed by the City Council this 24th day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez Interim City Manager /s/ Terry Ellerbrook Terry Ellerbrook Director of Public Works APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney Staff was requested by Council to contact other cities and research the possibility of establishing a water board or commission. Staff contacted all large cities in Texas and smaller communities around Lubbock. Only one city was found to have a formal Council appointed board. Several cities have informal boards that are brought together as needed. One city conducts a Town Hall meeting once every three months and all directors are required to attend in order to address citizen's concerns. On July 9, 2003, staff presented it's finding to the Council. Council then requested that a resolution be prepared for their consideration. FISCAL IMPACT: Undetermined Motion was made by Council Member Boren, seconded by Council Member Morrison to pass Resolution No. 2003-R0285, with amendments Council Member Gilbreath read into the record as follows: "to include nine members rather seven, all of whom will be named by the City Council and include a representative from each of the boards of the High Plains Underground District No. 1, Brazos River Authority, Canadian River Municipal Water Authority and Llano Estacado Regional Water District". Council Member Martin offered a friendly amendment stating as follows: "There's a provision right now that's written in here that says that it has to be a citizen of the city and I'm just wondering — some of these entities, for example, the Brazos River Authority. Right now the BRA representative up here lives in the City of Lubbock. But the BRA representation could just as easily live in Slaton. Would it be possible to accept amendment on that, that said, either just eliminate that, I mean you virtually are going to appoint people that live in the City, but there are times that there might be some appointees that need this that actually don't live in the City." Council Members Boren and Morrison accepted the friendly amendment. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 23. 65 Regular City Council Minutes July 24, 2003 Page 66 (15.) Resolution No. 2003-R authorizing the Mayor to execute an Amendment of Oil and Gas Lease, by and between the City of Lubbock and Texland Petroleum, L.P., conditioned upon prior execution by the working interest owners of the Lease, as defined below. This item was deleted. (16.) Resolution No. 2003-R authorizing the Mayor to execute a Settlement Agreement with Texland Petroleum, L.P. This item was deleted. (17.) Resolution No. 2003-RO278 authorizing the Mayor to execute a grant application from the Department of Justice — C.O.P.S. office, in the amount of $511,653. This grant will be used by the Police Department to purchase mobile data computer hardware (laptops). RESOLUTION NO.2003-RO278 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with the United States Department of Justice, and any associated documents, for a grant in the amount of $511,653.00 to be used for the purchase of mobile data computer hardware (laptops). Said Grant Agreement required no local cash match. Passed by the City Council this 24th day of July, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Grant Agreement is filed with Resolution No. 2003-R0278. The Police Department is upgrading its Computer Aided Dispatch (CAD) and Records (RMS) systems. The new CAD/RMS system is a Windows NT graphics -based system. This upgrade will require an upgrade of the current Police Mobile Data (MDS) system. For continuity, the new MDS system must support Windows NT applications. Our current MDS technology prohibits this continuity. The Police Department has 222 mobile computers. The Police Department identified the need to replace a number of these mobile units with a rugged laptop computer that will be compatible with the CAD/RMS system upgraded. This C.O.P.S. grant will permit the Police Department to purchase an allotment of 71 rugged laptop computers to meet this need. The upgraded MDS will continue to free up an officer's time in the field, allowing them to spend more time in their assigned areas, working more closely with residents. The end result is better police services provided to the community. :. Regular City Council Minutes July 24, 2003 Page 67 The Police Department plans to perform this mobile laptop computer upgrade in a 12-month time period, in accordance with Department of Justice guidelines. There is no cash match requirement. The Police Department strongly recommended approval of this resolution. (18.) Resolution No. 2003-110279/13I1) #093-03/DC —for Armored Car Service. (Finance) RESOLUTION NO.2003-RO279 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 armored car services, by and between the City of Lubbock and H & K Armored Service, Inc., of Odessa, 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 24th day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Manager A copy of the Contract is filed with Resolution No. 2003-R0279. This contract provides for safe and efficient pickup and delivery of daily cash collections for deposit into our financial institution. These services are provided at various locations such as, the Accounting Department, Lubbock Power & Light, Civic Center, Municipal Court, the Landfills, Parks and Recreation and Lubbock International Airport. Three bids were received as follows: 1) H & K Armored Service, Inc. $18,600 annually 2) Loomis, Fargo & Co. $31,500 annually 3) Brink's US $32,460 annually FISCAL IMPACT: _ A total of $14,200 was appropriated and $14,200 is available in account number 8305 (Armored Services) for this purpose. The balance of funds will be absorbed in each department's operating budget. Award bid/contract to H & K Armored Service of Odessa, Texas for $18,600, or such alternative action as the City Council may deem appropriate. Council Member Morrison had concerns that this would exceed the budget. 67 Regular City Council Minutes July 24, 2003 Page 68 Victor Kilman, Purchasing Agent, stated the City would be cutting back on the number of pickups and therefore, would not go over budget. (19.) Resolution No. 2003-110280BI1) #068-03BM—for Refuse Container Refurbishing — Annual Pricing. (Solid Waste Services) RESOLUTION NO. 2003-RO280 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for refuse container refurbishing — annual pricing, by and between the City of Lubbock and S & H Metal Works & Manufacturing, Inc. of Lubbock, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24th day of July, 2004. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2003-R0280. This project is for the complete renovation/refurbishing of dumpsters that are no longer in useable condition. In addition, dumpsters are repaired and repainted as needed. It is estimated that approximately 3,380 dumpsters will need to be refurbished and repaired. Four bids were submitted and evaluated. Circle L Welding of Lorenzo, Texas was Not Quoted As Specified as this was an "all or none bid" and Circle L Welding bid on only six of the twelve items. Although Steelform Industries of Phoenix, Arizona was the low bid at $507,209.80, Texas Government Code, Title 10, Subtitle D, Section 2252 requires that bids from bidders who reside in states that grant resident bidder preference for that state's purchases must be reciprocated in the same manner when bidding against a Texas bidder. Under Title 34, 34-242 of the Arizona Statutes, Arizona awards a 5% preference to local bidders. The bid submitted by S & H Metal Works, of Lubbock, Texas of $509,790 is well within five percent of that submitted by Steelform Industries. FISCAL IMPACT: A total of $492,000 was appropriated and $415,108 is available in project number 244-8466 (Container Refurbishing 02-03) for this purpose. Award bid to S & H Metal Works & Manufacturing, Inc. of Lubbock, Texas for $509,790.00 or such alternative action as the City Council may deem appropriate. 68 Regular City Council Minutes July 24, 2003 Page 69 Council Member Morrison also questioned exceeding the budget on this item. Victor Kilman, Purchasing Agent, stated the City would just handle the number of container to fit with the budget. (20.) Resolution No. 2003-110281/11I1) #083-03/RS—for Uniform Rental and Laundry Services -Annual Pricing. (Various Departments) RESOLUTION NO.2003-RO281 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for uniform rental & laundry services — annual pricing, by and between the City of Lubbock and Ameripride Linen & Apparel of Lubbock, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24th day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2003-R0281. This bid establishes annual pricing for rental and laundry services for various departments. The contract will be for an initial period of two years with an additional one-year renewal option. The budget amount shown below is for one year. The bid amount shown on the tab sheet is for the two-year initial term. The various departments budget $1.50 per uniform. The cost per uniform from Ameripride Linen and Apparel is approximately $0.96 depending upon the type and style selected by the departments. FISCAL IMPACT: A total of $207,508 was appropriated and $207,508 is available in .8123 (Supplies -Uniforms) for this purpose. Award bid/contract to Ameripride Linen & Apparel of Lubbock, Texas for $317,564.20, or such alternative action as the City Council may deem appropriate. Council Member Morrison also questioned exceeding the budget on this item. Victor Kilman, Purchasing Agent, stated the frequency of the number of uniforms for individuals would be changed to meet the budget. Regular City Council Minutes July 24, 2003 Page 70 (21.) Resolution No. 2003-110282; Resolution No. 2003-110283/13ID #041- 03/VK — Authorizing the Mayor to execute a contract for Sale of Scrap Metal. (Various Departments) RESOLUTION NO.2003-RO282 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for sale of scrap metal, by and between the City of Lubbock and Jarvis Metals Recycling, Inc., of Lubbock, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24th day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR IN81MU /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2003-R0282. RESOLUTION NO. 2003-RO283 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for sale of scrap metal, by and between the City of Lubbock and Commercial Metals of Lubbock, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 70 Regular City Council Minutes July 24, 2003 Page 71 Passed by the City Council this 24th day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight Assistant City Attorney A copy of the Letter of Award is filed with Resolution No. 2003-R0283. This contract establishes annual pricing for the sale of ferrous and non- ferrous scrap metal accumulated at Solid Waste, LP&L, Water Utilities, and various other City locations. Bid prices are quoted for various categories of scrap metal as a fixed amount either above or below the Consumer Buying Price High of the Houston market price as quoted in the American Metal Market on the date of delivery. In order to ensure adequate coverage for remote locations, the City solicited all -or -none bids as follows: • Scrap metal delivered by the City to the contractor from locations within the city limits of Lubbock • Scrap metal delivered by the City to the contractor from the West Texas Regional Disposal Facility • Scrap metal picked up by the contractor within the city limits of Lubbock • Scrap metal picked up by the contractor an the West Texas Regional Disposal Facility In determining the highest revenue offered for scrap metal delivered by the City to the contractor from locations within the city limits and from the West Texas Regional Disposal Facility, the location of the contractor's facility affects transportation costs. The locations of Electric Utilities at 304 Municipal Drive and the West Texas Regional Disposal Facility were used to determine delivery distances from those points to the contractor's receiving facility. For evaluation purposes, the bids were tabulated using a distance factor of $3.00 per loaded mile (one way), with an average load of five tons, and using the Consumer Buying Price as quoted in the American Metal Market on Tuesday, July 8, 2003. The distance factor was deducted from the amount of revenue bid as the cost of delivering the materials to the contractor. The highest evaluated revenue for scrap metal delivered to the contractor from Electric Utilities is $27,407 from Jarvis Metals Recycling, Inc. of Lubbock, Texas. The highest evaluated revenue for scrap metal delivered to the contractor from the West Texas Regional Disposal Facility is $27,175 from Commercial Metals of Lubbock, Texas. Bid award for scrap metal picked up by the Contractor is based on the best net revenue and/or least cost to the City. For evaluation purposes, the bids 71 Regular City Council Minutes July 24, 2003 Page 72 were tabulated using the Consumer Buying Price as quoted in the American Metal Market on Tuesday, July 8, 2003. The highest evaluated revenue for scrap metal picked up by the contractor within the city limits is $27,610 from Jarvis Metals Recycling, Inc. of Lubbock, Texas. The highest evaluated revenue for scrap metal picked up by the contractor at the West Texas Regional Disposal Facility is $25,825 from Commercial Metals of Lubbock, Texas. The actual revenue amount will depend on the quantity of scrap metal and the Consumer Buying Price on the date of delivery. FISCAL IMPACT: $84,254 is budgeted in account 241.7208 Solid Waste Fund - Recycle Material. Bid award to Jarvis Metals Recycling, Inc. of Lubbock, Texas for sale of scrap metal located within the city limits and bid award to Commercial Metals of Lubbock, Texas for sale of scrap metal located at the West Texas Regional Disposal Facility, or such alternative action as the City Council may deem appropriate. Council Member Morrison questioned the price per loaded mile for scrap metal and asked if this could be done cheaper. Victor Kilman, Purchasing Agent and Debra Frankhouser, Solid Waste Collection, stated that for regulatory reasons, it was better to haul their own scrap metal. (22.) Resolution No. 2003-110284/13ID #094-03/RS - for Stubbs Skate Park Construction (Park Development) RESOLUTION NO.2003-RO284 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 Stubbs Skate Park construction, by and between the City of Lubbock and Southwest Parks & Playground, LLC of Denton, 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 24th day of July, 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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/Office Practice 72 Regular City Council Minutes July 24, 2003 Page 73 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 24th day of July, 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 Southwest Parks & Playgounds, L.P., of the City of Denton, County of Denton, 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 #094-03/RS - STUBBS SKATE PARK CONSTRUCTION - $147,463.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Owner's Representative APPROVED AS TO FORM: /s/ John Knight City Attorney ATTEST: Corporate Secretary /s/ CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: Southwest Parks & Playgounds, L.P. : /s/ John E. Caldwell PRINTED NAME: John E. Caldwell TITLE: President COMPLETE ADDRESS: Southwest Parks & Playgounds, L.P. PO Box 50048 Denton, TX 76206-0048 This project involves furnishing and installing skate park equipment at Stubbs Park and is in response to the growing popularity of the sport as expressed to the Parks Department and the City Council. The project will provide a modern facility at low cost by utilizing the existing tennis courts at Stubbs Park. These tennis courts are used infrequently and their elimination should not present an inconvenience to the neighborhood. In 73 Regular City Council Minutes July 24, 2003 Page 74 addition, the skate park will be located on the north side of the park, away from residential areas. FISCAL IMPACT: A total of $200,000 was appropriated and $199,704 is available in project number 80013.8815.08279 (Skate Park) for this purpose. Award bid to Southwest Parks & Playgrounds of Denton, Texas for $147,463, or such alternative action as the City Council may deem appropriate. The next item considered was Item 14. 10:35 A. M. PUBLIC HEARING Zoning (23.) Ordinance No. 2003-00077/ZONE CASE NO. 2374-C (East of Ave. S and South of S. Loop 289) Hold a public hearing to consider request of Ronald Key for Brian Miles for a zoning change from A-1 and A-2 to C-4 for R.V. sales & service on an unplatted 2.20-acre tract of land out of Section 4, Block E. This item was considered following Item 14. ORDINANCE NO.2003-00077 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2374-C; A ZONING CHANGE FROM A-1 AND A-2 TO C-4 ZONING ON A 2.2 ACRE TRACT 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 10:35 a. m. No one appeared on behalf of Ronald Key for Brian Miles. No one appeared in opposition. Mayor McDougal closed the hearing at 10:36 a. m. The owner of the property is requesting zoning the same as the parcel to the east to expand the existing RV business. Adjacent land uses: N — Loop 289 S — vacant, zoned for quadraplex development E — an existing RV sales facility W — vacant, zoned A-2 limited to church development The request would extend the commercial boundary in this area to the west into a parcel currently zoned for quadraplex units and a portion of a tract zoned for church use. Initially, the staff recommended Interstate Commercial as the new zone. After discussion and the fact that the adjacent RV owner is expanding, a decision was made to alter the request to be styled after the current parcel zoned by Ordinance 8353 (C-4 with a list of permitted uses). Using the list from Ordinance 8353 will give the entire parcel uniform zoning. The request will leave a strip of A-1 (quadraplex) and A-2 (for church use) zoned property on the west facing Avenue S approximately 195 feet deep as a buffer for the single-family area west of Avenue S. The request is consistent with both Comprehensive Land Use Plan and Zoning Policies. The proposed ordinance will contain a "minor change" paragraph regarding the slight encroachment of commercial into the high- density apartment area now shown on the Plan. The project will have little or no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request subject to the following conditions (same list as in Ordinance 8353): 74 Regular City Council Minutes July 24, 2003 Page 75 Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2003-00077 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Martin was away from the dais. (24.) Ordinance No. 2003-00078/ZONE CASE NO. 2816-B (1800 block of 82"d Street) Hold a public hearing to consider request of Joe Stettheimer for a zoning change from GO to R-2 limited to duplexes on an unplatted 0.803-acre tract of land out of Section 4, Block E. ORDINANCE NO.200?-00078 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2816-B; A ZONING CHANGE FROM GO TO R-2 ZONING LIMITED TO DUPLEXES, ON AN UNPLATTED 0.803 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 10:3 7 a. m. Joe Stettheimer appeared on behalf of himself. He stated that the initial recommendation and request was for garden offices zoning to be changed to A-1 limited to duplexes. He requested that this again be addressed as opposed to R-2 limited to duplexes. R-2 zoning would have some limitations that he felt like that if the City wished to enforce that code, it should be a restriction within the City and not something that is required of the builder and developer to comply with. No one appeared in opposition. Mayor McDougal closed the hearing at 10:41 a. m. The request would rezone a portion of property along 82nd Street for duplex construction. The parcel is currently zoned Garden Office. Adjacent land uses: N — single family S — 82" Street E — zoned commercial, vacant W — zoned Garden Office, vacant The project is consistent with the concept of buffering single family to the north from heavier uses, in this case 82"d Street. The down side of this request, other than the comments from adjacent owners to the north who may not know it is not zoned single family, is that it isolates an equal portion of Garden Office to the west. The staff suspects a zone case will be filed on that area if this request is approved since the demand for duplex lots seems to exceed the demand for Garden Office property. The original case was styled similar to several others recently, as A-1, because A-1 allows the owner to avoid conflict with the "not more than two unrelated" issue that exists in R-1 and R-2. Residents in homes to the north expressed concern about several homes in the subdivision having been rented by more than two unrelated individuals. After the builder described the quality of construction, which is not the style for a number of units east of Avenue P that have created comments about both style and tenants (see proposed conditions below), the adjacent residents seemed satisfied with the amendment of the request to R-2 versus the A-1. As with units built to the east of Avenue P on 82"d, the staff requested that the off street parking be designed such that each pair of duplex structures share a single drive and the driver does not have to back into 82"d to leave the property. This will allow two drive cuts to 82"d and diminish conflict with traffic. W Regular City Council Minutes July 24, 2003 Page 76 The Planning and Zoning Commission recommended approval of the request subject to the following conditions: 1. That there be a minimum of 1000 square feet of living space per side. 2. That there be a two car garage per side. 3. That the exterior be primarily brick veneer. 4. That the curb cuts off 82nd Street be limited to one for each two units. Staff recommended approval of this ordinance. Council Member Hernandez stated that a number of reply forms were attached to council backup with each being opposed to this zone change He asked Randy Henson, Senior Planner, if those issues had been addressed. Mr. Henson stated they were addressed at the Planning Commission and he felt the issues were resolved. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00078 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (25.) Ordinance No. 2003-00079/ZONE CASE NO. 2979 (South of 8th Street between Ave. W and Ave. X). Hold a public hearing to consider request of David Miller for McCanton Woods L.C. for a zoning change from A-2 and R-2 to A-3 Specific Use for a multifamily residential complex on proposed Tract 4, Overton Park Addition, and to consider ordinance. ORDINANCE NO. 2003-00079 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2979; A ZONING CHANGE FROM A-2 AND R-2 TO A-3 SPECIFIC USE FOR A MULTIFAMILY RESIDENTIAL COMPLEX ON TRACT 4, OVERTON PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Hernandez opened the public hearing at 10:45 a. m. No one appeared on behalf of McCanton Woods L. C. No one appeared in opposition. Mayor Pro Tern Hernandez closed the hearing at 10:46 a. in. The request will provide for a second phase of student housing being built by the Dinerstein group from Houston. Adjacent land uses: N — vacant or remaining residential S — residential E — the existing Sterling University project W — vacant The project is styled as A-3 Specific Use. The Specific Use Permit will accommodate several site -specific items: a. The proposed site plan moves the buildings to the perimeter with no parking adjacent to a street except for a limited amount on Avenue X. The objective of the structures being located on the perimeter is to create the "urban" feel that is the overall objective for redevelopment of the area. b. The site plan illustrates setback that is somewhat less than standard A-3, thus the need for the Specific Use Permit. C. The site plan, building elevation and photo of the roof material are specific to the construction materials requested by the developer and supported by the staff as being consistent with the overall development. 76 Regular City Council Minutes July 24, 2003 Page 77 d. The exterior of Buildings 1, 2 and 9 (those walls facing Avenue X, Avenue W, 8`h Street and the portion adjacent to the main entrance) are noted as solid masonry or stucco. The Bch Street "front" of the project is the primary focus. e. The balance of the building faces are composed of a mixture of brick, stucco, painted wood fascia and trim, and painted fiber cement siding. f. The roof is a clay or concrete tile with a trade name "Spanish Antique". The color is similar to the tiles used on the Tech campus on various projects. The project is consistent with the recently amended Comprehensive Land Use Plan for the redevelopment area, as well as zoning policies. The project will have no more than the anticipated effect on the thoroughfare system. Dinerstein is working with Texas Tech to include the properties on the Tech bus route. Such efforts should help reduce a lot of City and Tech traffic and parking issues. The Planning and Zoning Commission recommended approval of the requested with a Specific Use permit that outlines: 1. The Site Plan 2979 for building and parking locations. 2. The building elevations labeled Elevation Plans 2979. 3. The exterior of buildings 1, 2, and 9 adjacent to Avenue X, Avenue W, 8`h Street and the portions fronting the main entry from 8`h Street shall be only masonry or stucco. 4. The balance of the building faces is detailed in the elevations adopted in # 2 above. 5. The roof tile has a trade name of "Spanish Antique" and is required on the entire project. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00079 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. Transportation (26.) Hold a public hearing to consider alternatives to mitigate freeway noise at the intersection of Toledo Avenue and Marsha Sharp Freeway: 1) closing Toledo Avenue at the Marsha Sharp Freeway westbound frontage road when the sound walls along this area of the Marsha Sharp Freeway are constructed and provide for an emergency vehicle only gated entrance from the Marsha Sharp Freeway frontage road at approximately Raleigh Avenue; 2) Alternate #2 "Y" alignment of Toledo Avenue; 3) Alternate #3 "dog -leg" alignment of Toledo Avenue. Jere Hart, Traffic Engineer, presented the following slides: 77 Regular City Council Minutes July 24, 2003 Page 78 #1 X . e ltPrnnte 42 - - 412 `=\\N � LLL; VVV At this time, Mayor McDougal recognized John Ysouda, who was attending the City Council Meeting to earn a Citizenship Merit Badge for Boy Scouts. public hearing at 10:52 a. m. Citizens Mayor McDougal opened the speaking at this public hearing were: 1) Kevin Elmore, President, Coronado Area Neighborhood Association; 2) Don Berry, a resident of the area in question; 3) Jack Randolf, retired Acoustical Engineer; 78 Regular City Council Minutes July 24, 2003 Page 79 4) Sue Morrow, resident of Cain Terrace area and member of PID (Public Improvement District); 5) Randy Hoffman, District Engineer, TxDOT; 6) Emerson Tucker, landlord of rental property in neighborhood; Mayor McDougal had left the dais. Mayor Pro Tem Hernandez closed the hearing at 12:22 p. in. The Citizens Traffic Commission by a 6-1 vote at its June 17th meeting, following a public meeting where all the property owners were notified, recommended that the City Council close Toledo Avenue in accordance with #1 above. This decision was primarily based on a petition from the majority of the residents in the neighborhood (155 out of 233 residents in favor) immediately north of the Marsha Sharp Freeway and Toledo Avenue (from MS Fwy. to 19th Street and from Raleigh Avenue to Slide Road). The neighborhood hired a sound expert that testified that #1 was the best sound abatement solution. Staff was opposed to #1 due to the problems with emergency access and traffic circulation. The gated emergency entrance was opposed due to staffs previous problems with gates and their controls not working. Also the Police Department does not have Opticom transmitters on all their vehicles, an alternative would cost approximately $30,000-$40,000 to equip 150 vehicles. If the gate fails, the access time will be substantially reduced. Also #1 does not provide the Police Department with an exit to the south, which they recommended. Staff was in support of alternate #2 or #3. These two options do not have any access problems. Toledo Avenue is a designated collector street on the City's Thoroughfare Master Plan and as such will impact more than just this neighborhood if it is closed. Staff sent a letter on July 15th to all property owners in this area advising them of the public hearing. Citizens Traffic Commission recommended that #1 be approved by City Council. Staff recommended #2 or #3. Staff recommended holding a public hearing to get additional input, because more than just this neighborhood will be affected by the closure of Toledo Avenue. PLANNING AND TRANSPORTATION Streets (27.) Instruct City Manager to coordinate with TxDOT the closure of Toledo Avenue at the Marsha Sharp Freeway frontage road without vacating the public right-of-way and provide an emergency vehicle only entrance near Raleigh Avenue; or instruct the City Manager to coordinate an alternate #2 or #3 alignment of Toledo Avenue with TxDOT based on the preference of the immediate neighborhood. An ordinance is not required if no public right-of-way is vacated. This action would be similar to the closure of the streets around Tech Terrace Park several years ago. If Toledo Avenue is not closed, staff can meet with the neighborhood in the next 30 days and decide on alternate #2 or #3. If Toledo Avenue is closed, a decision on how to pay for the transmitters ($30,000-$40,000) needs to be made. Also if the neighborhood wants to form a Public Improvement District to build and maintain a park between the frontage road and 22"d Place, between Raleigh Avenue and Toledo Avenue, and move the sound wall adjacent to the frontage road, the PID will have to pay for the increased wall costs of approximately $85,000 and the PID will need to be formed in the next 60 days to meet TxDOT's schedule. Citizens Traffic Commission recommended closing Toledo. Staff recommended leaving Toledo open and letting the neighborhood choose Alternate #2 or Alternate #3. Motion was made by Council Member Gilbreath to approve the recommendations of the Citizens' Traffic Commission at their June 17th meeting, which is to close Toledo and basically use the No. 1 option as 79 Regular City Council Minutes July 24, 2003 Page 80 presented in council backup, seconded by Council Member Patterson to pass Item 27. Council Member Martin proposed a friendly amendment. "I'd like to propose that as part of the motion, that we direct the City Traffic Engineer to close Toledo at the north side of the old railroad right-of-way immediately by temporary measures. Number two, direct the Traffic Engineer to begin working with TxDOT immediately in conjunction with closing Toledo to close Toledo on the north side of the Brownfield Highway intersection, so that people don't try to drive up over the old railroad right-of-way off the Brownfield Highway. Number three, that the Traffic Engineer and staff immediately discuss with TxDOT the removal of the traffic signal at Salem and Brownfield Highway. With Toledo being closed, there is no need to have a traffic signal there at that location anymore and that would help traffic move faster on the Brownfield Highway, which is problematic at this point until the freeway is finished. Fourth, that we set a deadline of December 1st to give the people in the neighborhood a chance to get their PID petition, Public Improvement District petition, filed with the City. There is a lot of work to do to get a PID petition filed. There has to be a lot of cost estimates and we would also direct the staff to give priority to working with that group, because there are going to be costs involved if they do form a PID and if they get it filed by December Ist, that we will request TxDOT to move the sound wall toward the freeway, release the park land and allow emergency access at Raleigh. The PID will pay all the costs and maintain the park. If they are unable to get their PID petition filed by December I", we will inform TxDOT to leave the wall as it currently planned, obviously closing across Toledo and the City will pay for the emergency gate at Raleigh and will pay for paving the Toledo cul-de-sac, but there will be no park there and I would like to offer those amendments." NOTE: Due to the volume of discussion following the motion and amendment, a transcript of the discussion followed: Hernandez: There's a friendly amendment. Is that acceptable to you, Councilman Gilbreath? Gilbreath: It's acceptable, except I want to ask one question. You said remove the traffic light. Does that give staff heartburn about Salem? We are closing Toledo, which the neighborhood wants to do. But Salem is still open. Hart: I would say on that issue, I think I would have to look up the numbers on how many people are turning left into Salem and the impact that would have on that neighborhood. I would be, I've got those numbers, but I don't have them with me today. I could furnish those to ya'll. Martin: Well, my motion said — Gilbreath: Well, I don't want to hold the thing up, but you know, I can understand a safety concern at Salem. So, can we — Martin: Well, my motion said to begin discussing with TxDOT to remove that traffic signal. Obviously, if there's some reason — but the point is with no cross traffic across the Brownfield Highway, you may have an occasional car wanting to turn left. There are other streets that come out there that don't have left turn access. So and there are, and obviously when the freeway is built, they aren't going to be able to turn left anyway. So, that was my point, that without the cross traffic access of Brownfield Highway, it's really problematic whether a traffic signal is needed. Gilbreath: Under those circumstances, I accept the friendly amendment. Thank you. Hernandez: Is it acceptable to you, Councilman Patterson? Patterson: No problem. Hernandez: All right. Could we go ahead and have some staff input at this point, then? 80 Regular City Council Minutes July 24, 2003 Page 81 Farmer: Yes, sir. There would be only one other issue. It would be beneficial to staff if the wording could be such that we initiate closing the crossing as soon as possible. It appears that there will be few days when they close Quaker to work on the freeway, when that entrance at Toledo is going to be needed. My understanding is just a few days, but it's a secondary access. So, we would like to work with TxDOT and then as soon as that is completed, then we would like to close it. So, if the wording is to work with TxDOT on closing it as soon as possible, that would work better for US. Martin: Well, the intent of my suggestion or amendment to Mr. Gilbreath's motion was that, gosh, I hate to quote a former President, that we do it "sooner rather than later". That we not study it for another three years. That we get it closed. In the meantime, until the PID issue is resolved over, because if the PID gets filed and they get done, they will be paying the cost of building that cul-de-sac. But in the meantime, to go ahead and close it. Put up barricades, get some old broken power poles and put them in the pavement. I mean, whatever it takes. I understand the need with the construction going on, we are certainly reasonable. I think, at least, my, the intent of my idea was that we not drag this thing out and take years to get it closed. Gilbreath: And that's the intent of the motion also and let the record reflect that, please. McDougal: We have a motion and second, we have an amendment that's been accepted. Is there any further discussion? Hernandez: I do want to have on the record the Fire Chief and the Police Chief, as to, concerning what is being proposed, whether they are in favor of it or not. So, if we could get them to come up and say, this will work, it's still our recommendation not to do it this way, or we feel comfortable with it. And the reason I'm wanting that Chiefs is because there are two extremely important issues. One is the noise mitigation issue and the second is the safety issue. Chief Jones: Councilmen, Mayor, it has been stated up here that people were unclear on my particular position. I have always been against closing Toledo. I believe that it needs to be open. I think it's more sensibly, because it is more central into the neighborhood to have officers respond into and also out of. That's why we need an exit. We don't always respond to just areas inside that neighborhood. This is consistent with my testimony with the Traffic Commission. Councilman Gilbreath was present at that time and I certainly put it on the record now that that's my opinion. Gated issues were some of the problems that I had on how we get in and out of that particular neighborhood. We don't have Opticom. That was some — I would suggest that maybe a keypad with a combination. That might be a little bit better for our troops. Opticom would probably work very good with the Fire Department. We could have a keypad override. But certainly, as far as anybody being unclear on my position, I think it's sensible to have the Toledo open. It's in the center of the neighborhood, instead of having to go to one end or the other end for entrance or an exit, Quaker or Slide or 19`h. I base that on the opinion of different areas of town that I worked in patrol, where they were closed off. San Jose Drive was mentioned during Traffic Commission, as well as Green Fair. In and out of those areas sometimes would be cumbersome for police departments. This is a low crime area that we're talking about. Will it have an impact on crime? I don't believe so. Is it going to impact our priority one call response? I rather doubt, because it depends on where the closest unit is going to be at that time. We are going to respond at a priority one response. So I don't see that deteriorating that much. It's certainly the will of the council to meet the citizens as far as the noise barrier and I understand that. But to say it's unclear where my position is, is just not so. 81 Regular City Council Minutes July 24, 2003 Page 82 Hernandez: So your position has not wavered. You're against closing Toledo and that remains your position today? Jones: That's true. Hernandez: Thanks, Chief. Chief Hailey. Hailey: Morning or afternoon, Mayor and Council Members. I would echo what Chief Jones has said and I think my letter from October 25`h has been referenced and I think in looking at that, you will see I listed priorities. The number one priority or preference in my mind was to leave Toledo open as it was. Based on if that did not occur, then I built in a condition that if Toledo was closed, we would need some point of access on the south to maintain a response time. It was pointed out that our primary response station or what we termed the first "in -station" is from 2nd and Slide, which is north of that area. It won't impact them. However, there's many times that they're on another call, they're out of service because of training and that makes one of the two stations to the south the primary access station. And that's where I have a concern is that if we don't have that access on the south and they basically have to go all the way to the north and then turn to the south and come back to it, or come in off of Slide Road, run a long distance through a neighborhood, that's going to slow us down. Because we can't go through there as quick as we're going to go down the freeway or what we would term a "collector" street. But again, I think my position has been consistent that my number one preference would be that Toledo remain open. However, if it's closed, as long as we come up with an emergency -gated access or an emergency access that's been talked about this morning, then we can accept that. Hernandez: And if I could ask Jere Hart, unless somebody has a question. McDougal: No, I would, before we do that, I would ask that somebody would make a motion to table this for a few minutes while we take up items 31-36. Because we have someone here waiting to catch an airplane. At this time, motion was made by Mayor Pro Tern Hernandez, seconded by Council Member Patterson to table this item until items 31-36 were heard. Motion carried: 7 Yeas, 0 Nays. At this time, Council considered Item 31. After motion on items 31-36, Item 27 was reopened. McDougal: Okay, back to item no. 27 and I believe pulling that back off the table, we did have a motion and a second. Hernandez: I did have some discussion. McDougal: We had a friendly amendment that I believe was accepted as well and back to discussion. Victor. Hernandez: I just have really two more questions. Just to recap again, just like the Mayor did. The Police Chief, I guess his position is not to close Toledo. The Fire Chief, his first preference is not to close Toledo, but if you are going to do that make sure you leave an emergency outlet, if you will. Jere, what is your all's recommendation? Hart: That was basically our recommendation based on the emergency access. In talking to the EMS, they had basically the same position that the Fire Department had. And the whole issue was that the safety issue of protecting the public and that's why staff was opposed to closing Toledo. But if Council so chooses to close Toledo as the Citizens Traffic Commission recommended, then we recommend that it not be closed unless an emergency access point at Raleigh, which would be at the end of the wall, is also included. Gilbreath: And the motion includes that. 82 Regular City Council Minutes July 24, 2003 Page 83 Hart: Correct. Hernandez: Thank you. That's all I had, Mayor. McDougal: Any other questions? All in favor of the motion. 6 Yeas. Opposed. 0 Nays. Motion carries: 6-0. Council Member Martin was away from the dais. Street Drainage Engineering (28.) ORDINANCE No. 2003-00067 abandoning and closing two 20-foot alleys located in Blocks 87 and 128, Overton Addition and a portion of 91h Street and 101h Street between Avenue W and Avenue X in the Overton Addition to the City of Lubbock (2302 91h Street). Second and Final Reading ORDINANCE NO.2003-00067 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF TWO 20 FOOT ALLEYS LOCATED IN BLOCKS 87 AND 128, OVERTON ADDITION AND A PORTION OF 9TH STREET AND IOTH STREET BETWEEN AVENUE X AND AVENUE W IN THE OVERTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK, LUBBOCK COUNTY, TEXAS, ALL OF WHICH ARE 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 PUBLICATON. This ordinance was read for the first time at the June 16`h City Council meeting as a regular agenda item. The Right -of -Way Department recommended approval of the second reading of this ordinance. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass on second and final reading Ordinance No. 2003-00067 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself and Council Member Martin was away from the dais. Other (29.) Resolution No. 2003-R0286 authorizing the execution of an Agreement between the City of Lubbock and McCanton Woods, Ltd. regarding the funding of public improvements in Phase One, Project Two, Bond Issue One of the Project Plan for the North Overton Tax Increment Finance Reinvestment Zone. RESOLUTION NO. 2003-R0286 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Senior Council Member of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and McCanton Woods, Ltd. regarding the funding of public improvements in Phase One, Project Two, Bond Issue One of the Project Plan for the North Overton Tax Increment Finance Reinvestment Zone. 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. 83 Regular City Council Minutes July 24, 2003 Page 84 Passed by the City Council this 24th day of July, 2003. /S/ T.J. PATTERSON T.J. PATTERSON, SENIOR COUNCIL MEMBER ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director of Planning and Transportation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2003-R0286. This agreement is between the City of Lubbock and McCanton Woods (McDougal Companies/Developer). With this contract, the City agrees to dedicate and pledge the use of revenue in the Tax Increment Fund to participate in the cost of the public improvements for Phase One, Project Two, Bond Issue One of the Project Plan as recommended by the Board of Directors of the North Overton Tax Increment Finance (TIF) Reinvestment Zone and approved by the City Council in June, 2003. This Agreement delineates the division of funding for the public improvements as represented in Exhibit D (TIF participation) and Exhibit E (Developer participation). The total amount of tax increment financing for public improvements shown in Exhibit D is $1,642,358. This Developer's Agreement will be presented to the North Overton TIF Board on July 22, 2003 for action and staff will present the results at the July 24, 2003 Council meeting. A copy of the agreement was provided in council backup. Implementation of the first three public improvement projects will be funded through the issuance of Certificate of Obligation Bonds. The three projects will require $3.8M. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO286 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Mayor McDougal and Mayor Pro Tern Hernandez recused themselves. Council Member Martin was away from the dais. (30.) Resolution No. 2003-RO287 approving a Memorandum of Understanding (MOU) between the Board of Directors of the North Overton Tax Increment Financing Reinvestment Zone (TIF) and McCanton Woods, Ltd. RESOLUTION NO. 2003-RO287 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Senior Council Member of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock approval of a Memorandum of Understanding between the North Overton Tax Increment Financing Regular City Council Minutes July 24, 2003 Page 85 Reinvestment Zone (TIF) Board of Directors and McCanton Woods, Ltd. regarding public improvements within the TIF District. Said Memorandum of Understanding 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 24th day of July, 2003. /S/ T.J. PATTERSON T.J. PATTERSON, SENIOR COUNCIL MEMBER ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director of Planning and Transportation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Memorandum of Understanding is filed with Resolution No. 2003-R0287. This agreement is between the North Overton TIF Board and McCanton Woods (McDougal Companies/Developer). With this contract, the TIF Board agrees to dedicate and pledge the use of revenue in the Tax Increment Fund to participate in the cost of the public improvements for Overton Park as described in the Project Plan approved by the Board of Directors of the North Overton Tax Increment Finance (TIF) Reinvestment Zone and the City Council in June, 2003. This Agreement incorporates a model agreement that delineates the division of funding for the public improvements with Secondary Developers as represented in Exhibit D (TIF participation) and Exhibit E (Secondary Developer Participation). The Developer's intent is to include the issues addressed in the MOU in all purchase contracts with Secondary Developers. A copy of the MOU was provided in council backup. Staff recommended approval this resolution. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO287 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Mayor McDougal and Mayor Pro Tern Hernandez recused themselves. Council Member Martin was away from the dais. The next item considered was Item 37. ADMINISTRATIVE SERVICES Finance (31.) Ordinance No. 2003-00080 authorizing the issuance of $11,885,000 "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2003" and all necessary documents related to the issuance. First and Only Reading Item 27 was tabled and this item was considered. 85 Regular City Council Minutes July 24, 2003 Page 86 ORDINANCE NO. 2003-00080 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2003"; specifying the terms and features of said certificates; providing for the payment of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. On May 22, 2003, City Council approved the first step in the issuance process. Resolution #2003-R0213, dated May 22, 2003 was to approve and authorize publication of Notice of Sale with respect to the issuance of the General Obligation Bonds. Senate Bill 1759 of the 77th Legislative Session amends Subchapter B, Chapter 1201, of the Texas Government Code under Section 1201.028(3) allowing the authorization of a public security with only one reading of the ordinance. Therefore, this will be the only reading of this ordinance that authorizes the issuance of these bonds. Upon approval of this ordinance, the City will sell these bonds on a negotiated basis on July 24, 2003. On July 22, 2003, the City and First Southwest, the City's Financial Advisor, negotiated a purchase price for the bonds with the City's chosen underwriters. City Council will be asked to award the bonds as well as approve the reading of the ordinance and make final approval of all necessary documents related to the issuance at this meeting. Staff recommended approval of this ordinance. Vince Vialle, First Southwest, gave comments. Council Member Martin read the following motion: "I move to adopt the Ordinance authorizing the issuance of `CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATIONS BONDS, SERIES 2003" in the aggregate principal amount of $11,855,000; and approving and authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract in relation to such Bonds and the approval and distribution of an Official Statement." Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass on first and only reading of Ordinance No. 2003-00080 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 33. (32.) Ordinance No. 2003-00085 authorizing the issuance of $3,800,000 "CITY OF LUBBOCK, TEXAS, TAX & TAX INCREMENT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003" and all necessary documents related to the issuance. First and Only Reading. This item was considered following Item 36. ORDINANCE NO.2003-00085 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, TAX AND TAX INCREMENT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003 (NORTH OVERTON TAX INCREMENT FINANCING REINVESTMENT ZONE)"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the certain tax increment revenues; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement; and providing an effective date. 86 Regular City Council Minutes July 24, 2003 Page 87 On May 22, 2003, City Council approved the first step in the issuance process. Resolution #2003-R0203, dated May 22, 2003 was to approve and authorize publication of Notice of Intent to Issue and Notice of Sale with respect to the issuance of the Certificates of Obligation. Senate Bill 1759 of the 77 h Legislative Session amends Subchapter B, Chapter 1201, of the Texas Government Code under Section 1201.028(3) allowing the authorization of a public security with only one reading of the ordinance. Therefore, this will be the only reading of this ordinance that authorizes the issuance of these bonds. Upon approval of this ordinance, the City will sell these bonds on a negotiated basis on July 24, 2003. On July 22, 2003, the City and First Southwest, the City's Financial Advisor, negotiated a purchase price for the bonds with the City's chosen underwriters. City Council will be asked to award the bonds as well as approve the reading of the ordinance and make final approval of all necessary documents related to the issuance at this meeting. Staff recommended passage of this ordinance. Vince Vialle, First Southwest, gave comments. Council Member Martin read the following motion: "I move to adopt the Ordinance authorizing the issuance of `CITY OF LUBBOCK, TEXAS, TAX & TAX INCREMENT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003 (NORTH OVERTON TAX INCREMENT FINANCING REINVESTMENT ZONE) in the aggregate principal amount of $3,795,000; and approving and authorizing the execution of a Paying Agent/Registrar Agreement and resolving other matters incident and related thereto." Motion was made by Council Member Martin, seconded by Council Member Gilbreath, to pass on first and only reading of Ordinance No. 2003-00085 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Mayor Pro Tern Hernandez recused themselves. At this time, Council returned to Item 27, which had previously been tabled. (33.) Ordinance No. 2003-00081 authorizing the issuance of $685,000 "CITY OF LUBBOCK, TEXAS, TAX & SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003" and all necessary documents related to the issuance. First and Only Reading This item was considered following Item 31. ORDINANCE NO.2003-00081 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, TAX AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the net revenues from the operation of the City's Sewer System; and resolving other matters incident and related to the issuance, sale, security, payment and delivery of said certificates, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. On May 22, 2003, City Council approved the first step in the issuance process. Resolution #2003-R0211, dated May 22, 2003 was to approve and authorize publication of Notice of Intent to Issue and Notice of Sale with respect to the issuance of the Certificates of Obligation. 87 Regular City Council Minutes July 24, 2003 Page 88 Senate Bill 1759 of the 77 h Legislative Session amends Subchapter B, Chapter 1201, of the Texas Government Code under Section 1201.028(3) allowing the authorization of a public security with only one reading of the ordinance. Therefore, this will be the only reading of this ordinance that authorizes the issuance of these bonds. Upon approval of this ordinance, the City will sell these bonds on a negotiated basis on July 24, 2003. On July 22, 2003, the City and First Southwest, the City's Financial Advisor, negotiated a purchase price for the bonds with the City's chosen underwriters. City Council will be asked to award the bonds as well as approve the reading of the ordinance and make final approval of all necessary documents related to the issuance at this meeting. Staff recommended passage of this ordinance. Vince Vialle, First Southwest, gave comments. Council Member Martin read the following motion: "I move to adopt the Ordinance authorizing the issuance of `CITY OF LUBBOCK, TEXAS, TAX AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003" in the aggregate principal amount of $680,000; and approving and authorizing the execution of a Paying Agent/Registrar Agreement and resolving other matters incident and related thereto." Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass on first and only reading of Ordinance No. 2003-00081 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (34.) Ordinance No. 2003-00082 authorizing the issuance of $3,595,000 "CITY OF LUBBOCK, TEXAS, TAX & SOLID WASTE DISPOSAL SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003" and all necessary documents related to the issuance. First and Only Reading ORDINANCE NO.2003-00082 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, TAX AND SOLID WASTE SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the net revenues from the operation of the Solid Waste Disposal System; and resolving other matters incident and related to the issuance, sale, security, payment and delivery of said certificates, including the approval of a Paying Agent/Registrar Agreement and Purchase Contract and the approval and distribution of an Official Statement; and providing an effective date. On May 22, 2003, City Council approved the first step in the issuance process. Resolution #2003-R0212, dated May 22, 2003 was to approve and authorize publication of Notice of Intent to Issue and Notice of Sale with respect to the issuance of the Certificates of Obligation. Senate Bill 1759 of the 77 h Legislative Session amends Subchapter B, Chapter 1201, of the Texas Government Code under Section 1201.028(3) allowing the authorization of a public security with only one reading of the ordinance. Therefore, this will be the only reading of this ordinance that authorizes the issuance of these bonds. Upon approval of this ordinance, the City will sell these bonds on a negotiated basis on July 24, 2003. On July 22, 2003, the City and First Southwest, the City's Financial Advisor, negotiated a purchase price for the bonds with the City's chosen underwriters. 88 Regular City Council Minutes July 24, 2003 Page 89 City Council will be asked to award the bonds as well as approve the reading of the ordinance and make final approval of all necessary documents related to the issuance at this meeting. Staff recommended passage of this ordinance. Vince Vialle, First Southwest, gave comments. Council Member Martin read the following motion: "I move to adopt the Ordinance authorizing the issuance of `CITY OF LUBBOCK, TEXAS, TAX AND SOLID WASTE SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003" in the aggregate principal amount of $3,590,000; and approving and authorizing the execution of a Paying Agent/Registrar Agreement and resolving other matters incident and related thereto." Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass on first and only reading of Ordinance No. 2003-00082 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (35.) Ordinance No. 2003-00083 authorizing the issuance of $9,775,000 "CITY OF LUBBOCK, TEXAS, TAX & WATERWORKS SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003" and all necessary documents related to the issuance. First and Only Reading ORDINANCE NO.2003-00083 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, TAX AND WATERWORKS SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the net revenues from the operation of the City's Waterworks System; and resolving other matters incident and related to the issuance, sale, security, payment and delivery of said certificates, including the approval of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. On May 22, 2003, City Council approved the first step in the issuance process. Resolution #2003-R0207, dated May 22, 2003 was to approve and authorize publication of Notice of Intent to Issue and Notice of Sale with respect to the issuance of the Certificates of Obligation. Senate Bill 1759 of the 77a' Legislative Session amends Subchapter B, Chapter 1201, of the Texas Government Code under Section 1201.028(3) allowing the authorization of a public security with only one reading of the ordinance. Therefore, this will be the only reading of this ordinance that authorizes the issuance of these bonds. Upon approval of this ordinance, the City will sell these bonds on a negotiated basis on July 24, 2003. On July 22, 2003, the City and First Southwest, the City's Financial Advisor, negotiated a purchase price for the bonds with the City's chosen underwriters. City Council will be asked to award the bonds as well as approve the reading of the ordinance and make final approval of all necessary documents related to the issuance at this meeting. Staff recommended passage of this ordinance. Vince Vialle, First Southwest, gave comments. Council Member Martin read the following motion: "I move to adopt the Ordinance authorizing the issuance of `CITY OF LUBBOCK, TEXAS, TAX AND WATERWORKS SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003" in the aggregate principal amount of $9,765,000; and approving and authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract 89 Regular City Council Minutes July 24, 2003 Page 90 in relation to such Bonds and the approval and distribution of an Official Statement." Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass on first and only reading of Ordinance No. 2003-00083 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (36.) Ordinance No. 2003-00084 authorizing the issuance of $40,135,000 "CITY OF LUBBOCK, TEXAS, TAX & MUNICIPAL DRAINAGE UTILITY SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003" and all necessary documents related to the issuance. First and Only Reading ORDINANCE NO.02003-00084 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, TAX AND MUNICIPAL DRAINAGE UTILITY SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the net revenues from the operation of the City's Municipal Drainage Utility System; and resolving other matters incident and related to the issuance, sale, security, payment and delivery of said certificates, including the approval of a Paying Agent/Registrar Agreement and Purchase Contract and the approval and distribution of an Official Statement; and providing an effective date. On May 22, 2003, City Council approved the first step in the issuance process. Resolution #2003-R0205, dated May 22, 2003 was to approve and authorize publication of Notice of Intent to Issue and Notice of Sale with respect to the issuance of the Certificates of Obligation. Senate Bill 1759 of the 77`h Legislative Session amends Subchapter B, Chapter 1201, of the Texas Government Code under Section 1201.028(3) allowing the authorization of a public security with only one reading of the ordinance. Therefore, this will be the only reading of this ordinance that authorizes the issuance of these bonds. Upon approval of this ordinance, the City will sell these bonds on a negotiated basis on July 24, 2003. On July 22, 2003, the City and First Southwest, the City's Financial Advisor, negotiated a purchase price for the bonds with the City's chosen underwriters. City Council will be asked to award the bonds as well as approve the reading of the ordinance and make final approval of all necessary documents related to the issuance at this meeting. Staff recommended passage of this ordinance. Vince Vialle, First Southwest, gave comments. Council Member Martin read the following motion: "I move to adopt the Ordinance authorizing the issuance of `CITY OF LUBBOCK, TEXAS, TAX AND MUNICIPAL DRAINAGE UTILITY SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003" in the aggregate principal amount of $40,135,000; and approving and authorizing the execution of a Paying Agent/Registrar Agreement and resolving other matters incident and related thereto. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass on first and only reading of Ordinance No. 2003-00084 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 32. a Regular City Council Minutes July 24, 2003 Page 91 Human Resources (37.) Resolution No. 2003-RO288 to authorize the Mayor to execute Agreements by and between Sanford Insurance Agency, Lubbock, TX/Palmer and Cay of Texas LLC of Dallas, TX and the City of Lubbock to provide Property/Casualty Insurance Broker and Consulting Services. This item was considered following Item 30. RESOLUTION NO.2003-R0288 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 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 property/casualty insurance broker and consulting services, by and between the City of Lubbock and Palmer and Cay of Texas, LLC of Dallas, Texas, and Sanford Insurance Agency, 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 24th day of July, 2003. /s/ Marc McDougal Marc McDougal, Mayor ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Scott Snider Scott Snider Interim Director of Human Resources APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the contract is filed with Resolution No. 2003-R0288. At the request of Council, staff solicited proposals for Property/Casualty Insurance Broker and Consulting Services. This request was made when the City had only completed one year of a potential three-year contract at a cost of $75,000 annually. Five responses were received and reviewed by an appointed committee of City staff that included Leisa Hutcheson, Risk Management Coordinator, Harlan Stauffer, Facilities Manager, Jeffery Snider, Chief Accountant and Victor Kilman, Purchasing Manager as ex- officio member. The following organizations submitted proposals: ■ Grimes Insurance Agency, Inc. of Lubbock, TX partnered with McGriff Seibels & Williams, Inc. of Dallas, TX ■ Merit Insurance Services of Frisco, TX ■ Wm, Rigg Co. Insurance of Dallas, Texas ■ Sanford Insurance Agency of Lubbock, TX partnered with Palmer & Cay of Texas, LLC of Dallas, TX ■ Upshaw Insurance Agency of Amarillo, TX partnered with Arthur J. Gallagher & Co. of Dallas, TX 91 Regular City Council Minutes July 24, 2003 Page 92 The proposals were evaluated on Service, Broker Experience, Financial Capacity and Cost. The average evaluation results were as follows: Sanford Insurance Agency/Palmer and Cay of Texas LLC, 96.1; McGriff Seibels & Williams, Inc./Grimes Insurance Agency, Inc. 94; Upshaw Insurance Agency/Arthur J. Gallagher & Co., 79.4; Merit Insurance Services, Inc., 68; Wm. Rigg Co., 67.6. Commercial insurance rates continue to rise and be in the spotlight. The City of Lubbock is paying in excess of $3,596,000 in insurance premiums in this current fiscal year. This amount represents an approximate 3 1 % increase from the $2,727,000 paid in fiscal year '02, however this is $385,000 less than originally budgeted. This savings was passed along to all cost centers. Included in the $385,000, the City was able to save a net $102,139 in commissions by entering into a broker agreement. It is anticipated that premiums will increase by an additional $375,208 for the fiscal year '04, making premiums as high as $3,971,208. The selection of Sanford Insurance Agency/Palmer and Cay of Texas, LLC as the Property/Casualty Insurance Broker and Consulting Service at an annual fee of $80,000 will provide the City with the ability to obtain the best possible quotes and information about the best possible manner to insure/self-fund its risks. Even with the expected increase in premium dollars, there will still be a net savings over the broker fee because of savings in commissions. The $80,000 fee is an annual increase of $5,000 that will result in a total increase from the existing contract of $10,000 for the remaining two years for identical services provided by the current vendor. Staff recommended signing contracts with Sanford Insurance Agency/Palmer and Cay of Texas, LLC to provide Property/Casualty Insurance Broker and Consulting Service from July 24, 2003 through July 24, 2004, or to reject all proposals and renew the existing contract with Palmer and Cay of Texas, LLC. Motion was made by Council Member Gilbreath, seconded by Council Member Patterson to pass Resolution No. 2003-RO288 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. COMMUNITY SERVICES rivie Ci-ntPr (38.) Resolution No. 2003-RO289 authorizing the Mayor to execute an Amendment to the Coliseum Lease Agreement between the City of Lubbock and the South Plains Professional Hockey Club, Ltd. with regard to reducing the facility rent and shared parking requirements and changing the ticketing services options for FY 2003/2004. RESOLUTION NO.2003-RO289 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the Coliseum Lease Agreement executed on November 12, 1998, between the City of Lubbock and South Plains Professional Hockey Club, Ltd., and any associated documents, a copy of which Amendment is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. 92 Regular City Council Minutes July 24, 2003 Page 93 Passed by the City Council this 24th day of July, 2003. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Vicki Key Vicki Key, Civic Services Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2003-R0289. The hockey club has requested changes in their Coliseum Lease Agreement in order to continue providing ice hockey in the Municipal Coliseum. This Amendment would make the following changes to the lease agreement for the 2003/2004 season and fiscal year: 1. The rental fee of $50/hr for practices and other skating activities would be reduced to $1.00/year. 2. The hockey club would have the option of contracting with Civic Lubbock, Inc., who now operates Select -a -Seat, for their ticket sales or handle their tickets themselves through their office only. 3. The hockey club's share of the paid parking from hockey games would increase from 50% to 100% and the hockey club would be responsible for 100% of the expenses related to paid parking. 4. The provision relating to the Club's ability to reserve 100 VIP parking spaces for hockey games that are not included in the 50/50 share was eliminated, as it is no longer applicable with the changes listed in item #3 above. 5. As a housekeeping item, an updated Operational Policies and Procedures document that is included with all rental leases is attached to the Amendment. This amendment would impact the 5`h and final year of the hockey club's lease of the Coliseum. Negotiations for a 5-year renewal of the lease, beginning with the 2004/2005 season, will be conducted and presented to Council during FY 2003/2004. FISCAL IMPACT: The financial impact would be approximately $40,000, based on historical figures, however due to the transfer of excess Hotel Motel Tax funds to offset 2003/2004 operating and maintenance expenses of the Civic Center department, there would be no impact to the Civic Center and Auditorium/Coliseum combined budgets. Staff recommended approval of this resolution. Vicki Key, Civic Services Director, gave staff comments. Murray Hensley, Civic Lubbock, Inc., also gave comments. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2003-R0289 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. 93 Regular City Council Minutes July 24, 2003 Page 94 Council Member Boren recused himself. Mayor Pro Tern Hernandez was away from the dais. (39.) Resolution No. 2003-RO290 authorizing the Mayor to execute an Amendment to the Coliseum Advertising Display Agreement between the City of Lubbock and the South Plains Professional Hockey Club, Ltd. with regard to eliminating the commission requirement on temporary advertising for FY 2003/2004. RESOLUTION NO.2003-RO290 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the Coliseum Advertising display Agreement executed on December 10, 1998, between the City of Lubbock and South Plains Professional Hockey Club, Ltd., and any associated documents, a copy of which Amendment is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 24th day of July, 2003. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Vicki Key Vicki Key, Civic Services Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2003-R0290. The hockey club has requested a change in their Coliseum Display Advertising Agreement in order to continue providing ice hockey in the Municipal Coliseum. Currently the hockey club pays the City a commission of 10% of all temporary advertising signage that they sell in the Municipal Coliseum, less production expenses of the signage and a 10% employee commission. The agreement also provides that they pay the City a commission of 50% on all permanent advertising signage, less production expenses of the signage and a 10% employee commission. This Amendment would eliminate the 10% commission paid to the City on temporary advertising signage sold by the hockey club requirement for the 2003/2004 Season. The hockey club would still be required to pay the City a commission of 50% of any permanent advertising sold by the hockey club, less production expense and employee commission for the 2003/2004 season. This amendment would impact the 5`h and final year of the hockey club's lease of the Coliseum. Negotiations for a 5-year renewal of the agreement, in conjunction with a renewal of their lease of the Municipal Regular City Council Minutes July 24, 2003 Page 95 Coliseum, would be conducted and presented to City Council during FY 2003/2004. FISCAL IMPACT: The financial impact would be approximately $10,000, based on historical figures, however due to a transfer of excess Hotel Motel Funds to offset operating and maintenance expenses of the Civic Center department, there would be no impact to the Civic Center/Auditorium/Coliseum combined budgets. Staff recommended approval of this resolution. Vicki Key, Civic Services Director, gave staff comments. Murray Hensley, Civic Lubbock, Inc., also gave comments. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2003-R0290 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Boren recused himself. Mayor Pro Tern Hernandez was away from the dais. (40.) Resolution No. 2003-R0291 authorizing the Mayor to execute an Amendment to the Agreement between the City of Lubbock and Civic Lubbock, Inc. with regard to reducing concession commissions and salary reimbursements for FY 2003/2004 and a change in Civic Lubbock, Inc.'s annual audit requirement. RESOLUTION NO.2003-R0291 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the License Agreement executed on April 25, 2002, between the City of Lubbock and Civic Lubbock, Inc., and any associated documents, a copy of which Amendment is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 24th day of July, 2003. /s/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Vicki Key Vicki Key, Civic Services Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2003-R0291. The provisions in this amendment will allow Civic Lubbock, Inc. to expand their participation in cultural and entertainment programs as well as expand their Select -a -Seat operation to include regional ticket outlets and sustain adequate cash flow to accomplish these projects for 2003/2004. Regular City Council Minutes July 24, 2003 Page 96 As per the current agreement, Civic Lubbock, Inc. pays a commission to the City of 5% on concession food/soft drinks, 20% on alcohol sales and 30% on beer sales from hockey games. Civic Lubbock, Inc. also reimburses the City for salaries/benefits for 7.75 FY employees associated with the concession and ticketing operations. The current agreement also states that Civic Lubbock, Inc. agrees to conduct and pay the cost of an annual audit performed by the City's designated external auditor. The key provisions in the proposed amendment to the agreement are as follows: 1. Concession commissions would be reduced from $136,611 to zero for the 2003/2004 fiscal year. 2. Salary and benefits reimbursements would be reduced by $290,000 for the 2003/2004 fiscal year. 3. Civic Lubbock, Inc. would retain 100% of any profits from Select -a -Seat generated for the 2002/2003 fiscal year. 4. Civic Lubbock, Inc. would contract independently with an external auditor to perform their annual financial audit. The audit would be provided to the City of Lubbock within 60 days of completion. The concessions commissions and the salary/benefits reimbursements would resume with the 2004/2005 fiscal year. FISCAL IMPACT: There would be no financial impact to the Civic Center and Auditorium/Coliseum combined budgets due to the transfer of excess Hotel Motel funds to offset 2003/2004 operating and maintenance expenses of the Civic Center. Staff recommended approval of this resolution. Vicki Key, Civic Services Director, gave staff comments. Murray Hensley, Civic Lubbock, Inc., also gave comments. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO291 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Boren recused himself. Mayor Pro Tem Hernandez was away from the dais. The next item considered was Item 43. 2:02 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers All council members were present except Council Members Boren and Patterson. Health (41.) Resolution No. 2003-RO293 authorizing the Mayor to execute for and on behalf of the City of Lubbock, a contract for Public Health Services (TDH Document No. 7560005906-2004) and any associated documents by and between the City of Lubbock and the Texas Department of Health for annual funding of various cooperative programs between the Texas Department of Health and the City of Lubbock Health Department. This item was considered following Item 43 and first item after Council reconvened at 2:02 P. M. RESOLUTION NO.2003-RO293 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for Public Health Services (TDH Document No. 7560005906 2004) and any associated documents by and between Regular City Council Minutes July 24, 2003 Page 97 the City of Lubbock and the Texas Department of Health for annual funding of various cooperative programs between the Texas Department of Health and the City of Lubbock Health Department, a copy of which Contract and associated documents is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 24th day of July, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract and associated documents is filed with Resolution No. 2003-R0293. GENERAL INFORMATION Contract Attachment 01 to TDH Document 7560005906-2004 is continuation and new funding to be used for staff, equipment, supplies and training to enable the City of Lubbock to upgrade our local public health jurisdictions' preparedness for and response to bioterrorism, other outbreaks of infectious disease, and other public health threats and emergencies. These funds shall enable major city/county laboratories receiving grants to develop the capability and capacity to conduct rapid and accurate diagnostic and reference testing for select biologic agents likely to be used in a terrorist attack. This project also specifies that our Lubbock Bioterrorism Response Laboratory shall also maintain extensive collaboration with all local law enforcement, hazardous material and other emergency responders, and hospitals located in our service area plan for response activities for bioterrorism threats. Our laboratory will also present laboratory -oriented training to hospital and reference laboratories in our service area as well as advance our food testing capability for disease causing organisms. BUDGET NUMBERS The total amount of $993,655.00 covers salary and fringes ($87,713) for two full time microbiologist positions (one new position is created) provides for the purchase of a BAX Detection System ($35,000), other equipment ($11,000), and supplies ($29,639). The majority of the contract allows for a total of $827,303 in other funding. $8,670 in other funding is for continued service and maintenance agreements for the Light Cycler and Victor 2 instrumentation received in a prior contract. $818,633 in other funding is for the construction of the BSL-3 laboratory in the existing unfinished area of the Health Department. CDC, in collaboration with the Association of Public Health Laboratories and the Federal Bureau of Investigation (FBI), established 97 Regular City Council Minutes July 24, 2003 Page 98 the Laboratory Response Network (LRN) to develop federal, state, and local public health laboratory capacity to respond to bioterrorism events. Lubbock is part of the Laboratory Response Network established by the Centers for Disease Control and Prevention. This multi -level network of public health laboratories will provide essential diagnostic capabilities in all state, territorial, and large metropolitan areas; regional capability to ensure quality through strategically selected labs; and a centralized, state- of-the-art national quality control laboratory located at CDC to rapidly and accurately identify any agent used in a biological terrorism attack. The BSL-3 lab is projected to cost $1.3 million. A summary of the available funding is listed below: Preliminary Design cost and Funding from FY 02-03 TDH Bioterrorism Grant $ 42,000 Metropolitan Medical Response System Contract Funding for Generator 100,000 Biosafety Level 3 Capital Project 945-90244 (up to $400,000) 225,000 FY 03-04 TDH Bioterrorism Grant Funding (pending approval) 55,000 TDH Lab Preparedness Grant FY 03-04 818,633 TOTAL FUNDING $1,300,000 BSL-3 LAB Initial work on bioterrorism preparation and the BSL-3 lab began in April 1999. The Lubbock City Council also adopted a strategic goal in March 2000 for weapons of mass destruction (WMD) preparation and training. This took place prior to the terrorist attacks of September 11, 2001. Preparation activities were accelerated with the subsequent anthrax attacks of mid -October 2001 and Council approval of Lab Bioterrorism Preparedness contracts on January 23, 2002, June 26, 2002, and September 17, 2002. A RFQ for laboratory design was send out December 17, 2002 with responses on January 6, 2003. A contract with Parkhill, Smith, and Cooper (PSC) was finalized on January 22, 2003. The conceptual design was then completed by the end of February 2003. Detailed design with PSC is currently being discussed. The lab is currently a biological safety Level 2 (BSL-2) facility employing biological safety Level 3 (BSL-3) work practices. To protect lab personnel and the environment, the Center of Disease Control and Prevention strongly recommended laboratory facilities meet BSL-3 engineering and design criteria when working with agents such as Bacillus anthracis, which can cause serious illness when inhaled. The City of Lubbock Health Department's Bioterrorism Response Laboratory facility does not meet design specification for a BSL-3 laboratory. In addition, the size of the facility restricts the capacity to handle a large influx of samples/specimens should an act of bioterrorism occur within the City or with the service area. Secure, adjacent work areas and storage areas are needed to safely process and store samples/specimens. Our BSL-3 project was also presented to the Citizens Advisory Committee (CAC) and the Public Safety Subcommittee for consideration. The Public Safety Subcommittee voted this project #1 priority on March 26, 2003 and presented this information to the CAC Executive Committee on April 23, 2003. Between April 23 and the final project recommendations to Council on June 11, 2003, the decision was made to reduce the funding due to pending grant money and subsequent elimination of the project for consideration on the bond election package. Regardless, this was still Regular City Council Minutes July 24, 2003 Page 99 identified as the # 1 priority for Public Safety by the Council -appointed Citizen Committee. TEXAS TECH Meetings with Texas Tech to discuss collaboration issues were conducted on November 11, 2002 and June 10, 2003. Considerable input from the Texas Department of Health Bureau of Laboratories, Center for Disease Control's Laboratory Response Network, and Texas Tech activities were discussed. The Lubbock Health Department will be working with Texas Tech to develop surge capacity Memorandum of Understandings to address significant increased workloads during a public health emergency. LUBBOCK BOARD OF HEALTH RECOMMENDATIONS The Lubbock Board of Health met on July 11, 2003 and made the following recommendations and motions which passed unanimously 5-0 in favor of the following: (1) Council should approve the contract and proceed with the building of the BSL-3 laboratory at the Health Department; (2) Health Dept should continue to pursue other local, state, and federal monies to complete this project and better prepare this community for responding to disasters; (3) Health Department should development Interlocal Agreements or Memorandums of Understanding between the City and Texas Tech for surge capacity in the event of testing overloads during emergencies. This program fulfills the Core Mission of Public Health as it relates to essential public health laboratory services. Without the funding from the Texas Department of Health contract, local public health efforts will be greatly impaired and the risk of illness in Lubbock citizens will increase and our ability to protect the public's safety will decrease. Therefore, staff recommended approval of the contract. Motion was made by Council Member Hernandez, seconded by Council Member Morrison to pass Resolution No. 2003-RO293 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (42.) Resolution No. 2003-RO294 authorizing the Mayor to execute for and on behalf of the City of Lubbock, a contract for Professional Services and any associated documents by and between the City of Lubbock and Parkhill, Smith, & Cooper (PSC), Inc. for the development of contract documents for the construction of a Bio-Safety Level-3 (BSL-3) Facility. RESOLUTION NO.2003-RO294 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute on behalf of the City of Lubbock an Architectural Services Agreement and any associated documents with Parkhill, Smith & Cooper, Inc., for architechural services relating to a finish out of existing space and an emergency power generator for the City Health Department Building, which Agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Regular City Council Minutes July 24, 2003 Pate 100 Passed by the City Council this 24th day of July, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Harlan Stauffer Harlan Stauffer, Facilities Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney A copy of the Agreement is filed with Resolution No. 2003-R0294. Contract between the Texas Department of Health (TDH) and the City of Lubbock provides for upgrading local public health jurisdictions' preparedness for and response to bio-terrorism, other outbreaks of infectious disease, and other public health threats and emergencies. These funds shall enable the City of Lubbock to develop the capability and capacity to conduct rapid and accurate diagnostic and reference testing for select biologic agents likely to be used in a terrorist attack. This item will provide funding for Architectural and Engineering services to develop the plans and specifications for the 2,400 square foot facility. There are 2 components to the proposed project. First is the design of a BSL-3 Bio-Terrorism Laboratory located in the existing Health Department Building located at 1902 Texas Avenue. The floor plan layout for the proposed Lab will be based on the work presented in the PSC submitted Lab Report on February 26, 2003. The anticipated size of the Lab is approximately 2,400 square feet located in currently vacant shell space within the building. The project budget includes $135,000 for fixed equipment in the lab. The second component to this project is the design of an emergency generator that is definitely required for a BSL-3 facility and will be sized to support the entire Health Department Building. Areas beyond the identified BSL-3 Lab space are not anticipated to be part of this project. Building entry card key system and security monitoring is included as part of the project. PSC anticipates that work described above will be performed as one project and will result in one construction project. The combined construction cost is anticipated to be approximately $1,030,000. This program fulfills the Core Mission of Public Health as it relates to essential public health laboratory services. Without the BSL-3 Facility local public health efforts will be greatly impaired and the risk of illness in Lubbock citizens will increase. Facilities Management Department recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2003-RO294 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 44. 100 Regular City Council Minutes July 24, 2003 Page 101 PUBLIC SAFETY Police (43.) Resolution No. 2003-RO292 authorizing the Mayor to approve the Lubbock Emergency Communication District Budget for Fiscal Year 2003-2004. This item was considered following Item 40. RESOLUTION NO.2003-RO292 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 Resolution to approve the Lubbock Emergency Communication District Budget for Fiscal Year 2003/2004. Said budget 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 24th day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude T. Jones Claude T. Jones, Chief of Police /s/ Steve Hailey Steve Hailey, Fire Chief APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the budget is filed with Resolution No. 2003-R0292. The Lubbock Emergency Communication District (LECD) is required to submit its annual budget for approval to governing bodies within the boundaries of the District. For that reason, the LECD Board of Managers is submitting its Fiscal Year 2003-2004 Budget. It was the opinion of the LECD Board of Managers that the proposed budget represents a fair and prudent financial plan to accomplish the LECD mission of providing Enhanced 9-1-1 service to the citizens of Lubbock County. It was further ordered, by the Board of Managers, that the service fee, as authorized by Texas Health and Safety Code Section 772.301 through 772.329, be continued at 5% of the base telephone rate on all service users in the District, The Lubbock Police Department and Lubbock Fire Department recommended approval of this resolution. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to pass Resolution No. 2003-RO292 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. 101 Regular City Council Minutes July 24, 2003 Page 102 1:20 P. M. CITY COUNCIL RECESSED TO EXECUTIVE City Council/City Manager's Conference Room SESSION All council members were present. The next item considered was Item 41. Emergency Management (44.) Resolution No. 2003-RO295 authorizing the Mayor to execute for and on behalf of the City of Lubbock, a contract for the award of a grant entitled "STATE HOMELAND SECURITY GRANT PROGRAM" from the U. S. Department of Homeland Security, Office of Domestic Preparedness, and the Texas Engineering Extension Service. This item was considered following Item 42. RESOLUTION NO.2003-RO295 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 contracts for the award of a grant entitled "STATE HOMELAND SECURITY GRANT PROGRAM" from the U.S. Department of Homeland Security, Office of Domestic Preparedness, and the Texas Engineering Extension Service ("TEEX"), and any other related documents. Said Contracts are 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 24th day of July 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ken Olson Ken Olson Emergency Management Coordinator APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney A copy of the Contracts is filed with Resolution No. 2003-R0295. GENERAL INFORMATION Contract Agreement Numbers: 2002 4500 and 2003 II 45000 This project will allow the jurisdiction to utilize State Homeland Security Grant Program sub -grant to improve the jurisdiction's ability to respond to potential terrorist use of a Weapon of Mass Destruction. This funding is from multiple grant years. There is a separate subrecipient agreement for each funding year. Matching funds are not required for the receipt of these funds. Authorized equipment purchases may be made in the following categories: Personal Protective Equipment Explosive Device Mitigation and Remediation Equipment 102 Regular City Council Minutes July 24, 2003 Page 103 Chemical, Biological, Radiation, Nuclear, Explosive (CBRNE) Search and Rescue Equipment Interoperable Communications Equipment Detection Equipment Decontamination Equipment Physical Security Equipment Terrorism Incident Prevention Equipment CBRNE Logistical Support Equipment Medical Supplies and Limited Types of Equipment CBRNE Reference Materials BUDGET NUMBERS 2002 Funding 2003 Part II funding (Amount added by Governor: $1,000,000.) Total Grant Award $ 186,337 1,212,181 $1,398,518 Note: $199,259 has been allocated from SPAG for Regional Response for All Funding Years and requires the Lubbock Jurisdiction to become a signed party to the Mutual Aid Agreement for the SPAG Region. This program will assist with the purchase of equipment required to enhance the City's ability to Mitigate, Prepare, Respond and Recover from all hazards that may occur within the jurisdiction without the requirement of matching funds. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2003-R0295 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. The next item considered was Item 46. MISCELLANEOUS (45.) Resolution No. 2003-R whereby the Mayor, on behalf of the City of Lubbock, resolves to support H.J.R. No. 16 and H.B. 136 before the Texas Legislature. This item was deleted. BOARD APPOINTMENTS (46.) Consider one appointment to Civic Lubbock, Inc. Motion was made by Council Member Martin, seconded by Council Member Morrison to reappoint William Lowell to Civic Lubbock, Inc. Motion carried: 5 Yeas, 0 Nays. (47.) Discussion of Actuarial Study conducted on the City of Lubbock Risk Fund. This item was deleted. (48.) Discuss City of Lubbock Proposed Operating Budgets for General and Enterprise Funds as well as Capital Projects for FY 2003-04. This item was deleted. 103 Regular City Council Minutes July 24, 2003 Page 104 2:05 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor McDougal adjourned the meeting. Read and approved this L. l �K day of Ddtb21' , 2005. ATTEST: Reb cca Garza, City Secretary 104