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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/6/2003*CORRECTED MINUTES* CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING AUGUST 6, 2003 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 6th day of August, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:34 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 Boren CITIZEN COMMENTS Debbie Cosgrove, President of South Overton Residential and Commercial Association, appeared and spoke in favor of Item 32, Tax Incentives for Historic Preservation. 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, pending or contemplated litigation, the purchase, exchange, lease, or value of real property, competitive matters of the public power utility, 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." 7:38 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 551.071(1)(A), to discuss pending or contemplated litigation (Information Technology, Right -of -Way, Water Utilities). ( 3.) 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. ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Community Development Services Board Community Relations Task Force Keep Lubbock Beautiful Advisory Board Lubbock Water Commission Reese Redevelopment Authority Urban Design/Historic Preservation Commission Youth Commission — Adults Youth Commission - Students Zoning Board of Adjustments ( 5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): Regular City Council Meeting August 6, 2003 Page 110 to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding operation, financial and capital statements and budgets, revenue and expense projections, strategic and business plans and studies of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency; to discuss, deliberate and take final action on a competitive matter regarding plans or contracts related to the acquisition and construction of transmission/distribution equipment and facilities; to discuss, deliberate and vote on a competitive matter regarding fuel hedging/risk management strategies and policies of Lubbock Power and Light; to deliberate, vote and take final action on a competitive matter regarding natural gas supply contracts and amendments thereto by the City of Lubbock. ( 6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.103, to review certified agenda from the prior executive session (City Secretary). 9:52 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member 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 9:52 A. M. ( 7.) Invocation by Pastor Jeff McCreight, Senior Pastor of New Life Family Center. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. BOARD APPOINTMENTS RECOGNITION Reese Redevelopment Authority Receiving: Terry Key Lubbock Housing Authority Receiving: Dale Joseph ( 9.) Presentation of a certificate of appreciation to Colonel Daniel Lee Hurst of the 40051h U.S. Army Hospital for his service to Lubbock and our great nation. This item was deleted. (10.) Presentation of a special recognition to Master Sergeant Tommy Combs in honor of his being awarded the Meritorious Service Medal from the United States Army. Captain Jeff Mason, of the 413th Civil Affairs Battalion, will assist the Mayor and Councilman Boren in making this presentation. Councilman Boren requested that the City Council recognize Master Sergeant Tommy Combs, who is currently the Deputy City Secretary for the City of Lubbock, in honor of his being awarded the Meritorious 110 Regular City Council Meeting August 6, 2003 Page 111 Service Medal from Major General Herbert L. Altshuler last week. This medal is for serving with distinction in numerous capacities during the period of 1976 through 2002. The citation presented with the medal stated that "Master Sergeant Combs' professionalism, leadership, organization skills, subject matter expertise in Civil Military Operations is a tribute to 413th Civil Affairs Battalion and reflects great credit upon himself, the United States Army Civil Affairs and Psychological Operations Command (Airborne), and the United States Army„ Captain Jeff Mason, of the 413d' Civil Affairs Battalion, read the citation and presented the medal to Master Sergeant Combs. Council Member Boren made a presentation of special recognition. CONSENT AGENDA (Items No. 11-13,15-22, 25-27, 28-29) Motion was made by Council Member Morrison, seconded by Council Member Patterson to approve Items 11-13, 15-22, 25-27, 28-29 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (11.) Approval of Minutes: Special Council Meeting July 7, 2003 Special Council Meeting July 9, 2003 Special Council Meeting July 22, 2003 (12.) ORDINANCE #2003-00077--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 and service on an unplatted 2.20-acre tract of land out of Section 4, Block E (east of Avenue S and south of South Loop 289) (Second and Final Reading). 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. (13.) ORDINANCE #2003-00078—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 (1800 block of 82nd Street) (Second and Final Reading). The next item considered was Item 15. ORDINANCE NO.2003-00078 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2816-13; 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. (14.) ORDINANCE #2003-00079--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 (south of 81h Street between Avenue W and Avenue X) (Second and Final Reading). III Regular City Council Meeting August 6, 2003 Page 112 This item was moved from consent agenda to regular agenda and was considered following Item 29. 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. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass on second and final reading Ordinance No. 2003-00079 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. The next item considered was Item 27A. (15.) Ordinance No. 2003-00087 abandoning and closing a portion of 83`d Street located adjacent to the Glen Gay addition to the City of Lubbock, and located in Section 15, Block E, Lubbock County, Texas (4610 83rd Street) (First Reading). This item was considered following Item 13. ORDINANCE NO. 2003-00087 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 83`d STREET LOCATED ADJACENT TO THE GLEN GAY ADDITION TO THE CITY OF LUBBOCK AND LOCATED IN SECTION 15, BLOCK E, 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 abandons and closes an 18,857 square foot section of 83`d Street between Salem Avenue and Toledo Avenue in the Glen Gay Addition. This 30-foot wide section of 83`d Street was dedicated several years ago, when this area was platted, and serves the requestor of this closure, Lakeridge United Methodist Church and the abutting property owner, Lakeridge Baptist Church. In the replat, the area being closed will be dedicated as a drainage easement. Two alley cutoffs will be dedicated adjacent to Salem Avenue, and a section of Toledo Avenue will be dedicated from 82°d Street to 83`d Street. There will be no charge for this street closure since the areas being dedicated more than offset the area being closed. FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the first reading of this ordinance. (16.) Resolution No. 2003-RO297 authorizing the Mayor to submit an application for a grant for the Growing Recruits for Urban Business (G.R.U.B.) Program to the office of the Governor, Criminal Justice Division. RESOLUTION NO.2003-RO297 WHEREAS, the City Council of the City of Lubbock finds it in the best interest of the Citizens of Lubbock that the Lubbock Urban Gardens (GRUB) program be operated for the 2004 year; and WHEREAS, the City Council of the City of Lubbock has authorized the Mayor to apply for, accept, reject, alter, or terminate the grant; and 112 Regular City Council Meeting August 6, 2003 Page 113 WHEREAS, the City Council agrees to provide the minimum matching percentage for the said project as required by the (Funding Source) grant application; and WHEREAS, the City Council has agrees that in the event of loss or misuse of the Criminal Justice Division funds, the City Council assures that such funds will be returned to the Criminal Justice Division in full; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves submission of the grant application for the Lubbock Urban Gardens (GRUB) Program to the office of the Governor, Criminal Justice Division. Passed by the City Council this 6th day of August, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ T.J. McAuley T.J. McAuley, Police Department APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Grant Application is filed with Resolution No. 2003-R0297. G.R.U.B. is a continuing program of the South Plains Food Bank enabling at -risk youth to learn life skills through work, marketing, and management training. Council approved the original contract. This is a new application for funding of the same program. FISCAL IMPACT: There is no budget impact for the City of Lubbock. G.R.U.B. is operated by the South Plains Food Bank. The in -kind match will be a time match by T.J. McAuley, who is assisting with the program. McAuley, and the grant, estimate that this equates to approximately $7,400 in in -kind services, based on his salary. This resolution contains the required wording requested by the Governor's Office in reference to the G.R.U.B. grant application. Staff recommended approval of this resolution. (17.) Resolution No. 2003-RO298 authorizing the Mayor to execute the necessary Fiscal Year 2003-2004 contract for renewal of the leasing of library books with Baker and Taylor, Inc. of Charlotte, North Carolina. RESOLUTION NO.2003-RO298 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Acceptance of Proposal for Lease Purposes, for lease of library books, by and between the City of Lubbock and Baker & Taylor, Inc. of Charlotte, North Carolina, and related documents. Said Contract 113 Regular City Council Meeting August 6, 2003 Page 114 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 6th day of August, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Jane Clausen Jane Clausen, Library Director 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-R0298. The leasing of library books for the Lubbock Public Library system has been in place since the 1970's and continues to provide new books for citizens in an economical and efficient way. Library patrons demand new titles quickly and this program provides that service. The cost of renewal for FY 2003-2004 will be $41,737.96. If the invoice is paid within 60 days, a 2% discount is received, for a total contract amount of $40,805.20. The program provides an inventory of current hardcover titles, which are selected by professional book buyers, based on reviews and anticipated general public demand. Monthly prepublication title lists are prepared with annotations to assist the Library staff with selections. The Library may also order titles not on the selection lists to be included in the leased books shipment. The Lubbock Public Library currently has a base collection of 2,170 volumes that are located in the four library facilities. Each month, the Library will receive 217 new titles and will return books that have been circulating for at least six months. For every five books returned to Baker and Taylor, the library is allowed to keep one book for free. During FY 2001-2002, there were a total of 31,268 leased books checked out throughout the library system. So far in the current fiscal year, there have been 29,241 checkouts through June. Library patrons rely on the Baker and Taylor Leased Plan to provide current and popular titles, both fiction and nonfiction. FISCAL IMPACT: $41,737.96 is the total cost for this service. If the invoice is paid within 60 days, a 2% discount is received. It is a budgeted item in cost centers 5214, 5215, 5216, and 5217, account number 8705. Because Library Services knows the total cost of the contract, $41,737.96 has been budgeted and divided into sub -accounts, whereby each Library pays 1/4 of the total cost of the contract. Staff recommended approval of this resolution. (18.) Resolution No. 2003-RO299 authorizing the Mayor to execute Contract No. 51305F6001 with the Texas Department of Transportation (TxDOT) to fund the purchase of replacement buses. 114 Regular City Council Meeting August 6, 2003 Page 115 RESOLUTION NO. 2003-RO299 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 between the City of Lubbock and the Texas Department of Transportation (TxDOT) of Lubbock, Texas for the purchase of replacement buses, and any other 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 Council. Passed by the City Council this 6th day of August 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer Managing Director of Planning & Transportation 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-R0299. TxDOT is allocating $499,388 of Federal Transit Administration —Section 5309 Capital Investment Program Funds. These funds are being provided for capital assistance to the City of Lubbock for the purchase of replacement buses. These funds can only be used to pay for buses, and cannot be converted to operating assistance like Section 5307 funds. With the allocation of 124,847 Toll Credits, there will be no local share of funds required. These funds will be used in conjunction with the Federal Section 5309 Discretionary Earmark that was awarded to the City of Lubbock/Citibus in February 2003. Citibus will be bringing that grant before the City Council for approval in August 2003. The grant agreement begins when fully executed by both parties or April 15, 2003, whichever is the latter. The grant agreement terminates on July 31, 2004. FISCAL IMPACT: Acceptance of this grant will result in no additional cost to the City of Lubbock. Citibus recommended approval of this resolution. (19.) Resolution No. 2003-RO300 amending resolution R2003-RO158 by clarifying the Youth Commission's youth membership eligibility and establishing the process by which youth members of the Commission will be appointed. RESOLUTION NO.2003-RO300 WHEREAS, the youth of Lubbock are an important and valuable part of the community with ideas and perspectives that offer unique insight into our City's quality of life; and 115 Regular City Council Meeting August 6, 2003 Page 116 WHEREAS, the City Council and City administrators of the City of Lubbock make decisions routinely that affect the youth in our community; and WHEREAS, the City Council wishes to provide the youth of Lubbock with an opportunity and a vehicle to respond to and provide input into the decisions and policies that are made that affect young persons; and WHEREAS, on April 24, 2003, the City Council adopted Resolution number R2003-R0158 amending Resolution number 6422 which created a Youth Commission for the City of Lubbock; and WHEREAS, it is the opinion of the City Council that the best interests of the citizens of the City of Lubbock would be served by amending Resolution R2003-R0158 revising the membership thereof; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. Resolution R2003-R0158, adopted by the City Council on April 24, 2003, is hereby amended to read as follows: Section 2. A Youth Commission is hereby established for the City of Lubbock. The goals and objectives of the Commission shall be to develop an alliance among youth, youth service agencies, city government, schools, and the community to secure for all children and youth the highest advantage in physical, mental, social, and moral development, and to advise on how to solve the problems encountered in providing services to the youth of the community. Furthermore, the Commission will work towards unifying the youth of Lubbock into a positive force for the good of the community. Section 3. The Commission will act as an advisory committee to the Mayor and City Council on youth issues. The Commission shall consist of 12 youth members which shall be residents of Lubbock County and which shall be younger than 18 years of age. No persons 18 years of age or older shall be eligible to serve as a youth member of the Commission. In addition to the 12 youth members, there will be 5 adults and 1 member of the City Council of the City of Lubbock appointed as advisors to the Commission for a total Commission membership of 18. Terms of office will be for two years. Students and adults desiring to serve on the Commission will complete an application for a position and will be interviewed and recommended by a panel appointed by the Commission. The recommendations for adult members will be submitted to the City of Lubbock Appointments Advisory Board and forwarded to the City Council for final consideration. The recommendations for youth members will be submitted to the City Secretary by the Commission and forwarded to the City Council for final consideration. Initial appointments prior to creation of the panel shall be made by the City Council based upon the recommendation of the Lubbock Appointments Advisory Board and the appointees shall have an initial term of either one year or two years as determined by a chance drawing for terms. Section 4. Regular meetings will be held during the school year at a time established by a majority of the Commission members. A simple majority of members shall constitute a quorum, and a majority vote of the quorum shall be required for any action to be taken by the Commission. Section 5. The Commission shall select a Youth Council consisting of a mayor, mayor pro tem, two secretaries, a public relations representative, a treasurer and a historian from among its membership at its initial meeting. Said officers shall serve for one year or until such time as their successors are appointed. Section 6. An annual report shall be presented by the chair of the Commission to the Mayor and City Council of the Commission's interactions, activities, and progress as related to its established purpose not later than June 30 of each year. Additional reports shall be submitted as requested by either the City Council or the Commission. — 116 Regular City Council Meeting August 6, 2003 Page 117 Passed by the City Council this 6th day of August 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzales, Interim City Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney Resolution R2003-RO158 was approved by the City Council on April 24, 2003, and amended Resolution 6422, which was adopted by the City Council on June 24, 1999, establishing the City of Lubbock Youth Commission. The proposed resolution allows 12 youth members, who are no older than 18 years of age and residents of Lubbock County, to be appointed to the Youth Commission. This resolution also calls for recommendations for youth members to be submitted by the Commission directly to the City Secretary, who then forwards these to the City Council for final consideration. This resolution provides that the youth members of the Commission will not be recommended by the Appointments Advisory Board. However, the Appointments Advisory Board will appoint the adult members of the Youth Commission. These changes were made to the existing resolution at Councilman Patterson's request. FISCAL IMPACT: None. In order to clarify the youth membership criteria and appointment process for the Lubbock Youth Commission, an amendment was proposed for Council approval. (20.) Resolution No. 2003-RO301 authorizing the Mayor to execute a lease agreement with South Plains College allowing the utilization of the fire training facilities owned by the City of Lubbock. RESOLUTION NO.2003-RO301 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 by and between the City of Lubbock and South Plains College, and any other 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 Council. 117 Regular City Council Meeting August 6, 2003 Page 118 Passed by the City Council this 6th day of August 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Steve Hailey Steve Hailey, Fire Chief 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-R0301. The Lubbock Fire Department has been working with South Plains College to develop a joint firefighter certification program. Once completed, this program will allow the Fire Department to hire only certified firefighters, which will provide a cost savings to the City by not having to pay new firefighters, while they are being trained, as well as other benefits. The concept is being utilized by more and more cities across the State. In order for the College to hold these classes, they must have, or have access to, an approved training facility, as per the Texas Commission on Fire Protection rules. This lease agreement will satisfy that requirement. FISCAL IMPACT: Terms of the lease agreement include the payment of $350 per month to the City of Lubbock. Also included is the lease of certain Personnel Protective Clothing, at the rate of $85 per semester, per student. The Fire Department estimates this will be $8,450 in revenue to the City of Lubbock. The Fire Department recommended approval of this resolution. (21.) Resolution No. 2003-RO302 authorizing the Mayor to execute a Quitclaim Deed in favor of W. Chris Boyer, wife Nancy S. Boyer, and Megan L. Boyer for an excess portion of Indiana Avenue street right- of-way (3402 38`h Street). RESOLUTION NO.2003-RO302 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 Quitclaim Deed in favor of W. Chris Boyer, and wife, Nancy S. Boyer and Megan L. Boyer, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 118 Regular City Council Meeting August 6, 2003 Page 119 Passed by the City Council this 6th day of August, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Is/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Senior Attorney/ Office Practice Section A copy of the Deed is filed with Resolution No. 2003-R0302. This resolution authorizes the Mayor to convey a 21.69-foot wide by 132.50-foot long strip of excess Indiana Avenue right-of-way to the adjacent property owners to the west, who are W. Chris Boyer and wife, Nancy S. Boyer and Megan L. Boyer. The City is selling this 21.69 front foot wide strip of Indiana Avenue right-of-way to the Boyers for $5 per front foot (City Council approved sales price) or $108.45 total due the City. FISCAL IMPACT: Income to the City of $108.45. The Right -of -Way Department recommended approval of this resolution. (22.) Resolution No. 2003-RO303 authorizing the Mayor to execute a Quitclaim Deed in favor of the Municipal Investment Corporation for Lot 8, Block 1, Sunrise Addition to the City of Lubbock (213 44`h Street). RESOLUTION NO. 2003-RO303 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 Quitclaim Deed in favor of Municipal Investment Corporation, and related documents. Said Deed is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the Council. 119 Regular City Council Meeting August 6, 2003 Page 120 Passed by the City Council this 6th day of August, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney A copy of the Deed is filed with Resolution No. 2003-R0303. In 1979, Municipal Investment Corporation deeded Lot 8, Block 1, Sunrise Addition to the City of Lubbock and the Lubbock Independent School District. The City never requested that this property be deeded to them, nor the School District. According to a representative of the Lubbock Central Appraisal District (LCAD), there is over $2,850 in back taxes due on a vacant residential lot valued at $1,256. By deeding this property back to the original grantor, the LCAD can get the title cleared and put the property up for public bid. FISCAL IMPACT: None. The Right -of -Way Department recommended approval of this resolution. The next item considered was Item 25. (23.) Resolution No. 2003-R authorizing the Mayor to execute an amendment to the Grant Management Agreement between the City of Lubbock and Market Lubbock Economic Development Corporation, and all related documents. This item was deleted. (24.) Resolution No. 2003-R authorizing the Mayor to execute an amendment to the Convention and Tourism Service Agreement between the City of Lubbock and Market Lubbock Economic Development Corporation and all related documents. This item was deleted. (25.) Resolution No. 2003-RO304 authorizing the Mayor to execute an Interlocal Agreement between the City of Lubbock and the Lubbock Emergency Communications District (LECD), adding the LECD to the City's 800MHz Radio System. This item was considered following Item 22. RESOLUTION NO.2003-RO304 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement by and between the City of Lubbock and the Lubbock Emergency Communication District of Lubbock, Texas. 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. 120 Regular City Council Meeting August 6, 2003 Page 121 Passed by the City Council this 6th day of August, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Yearwood Mark Yearwood Managing Director of Info Technology APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0304. In 1995, the City installed an 800MHz Radio System. This system supplies communications to the City's Public Works and Public Safety Departments, as well as external agencies, including the County Sheriffs Department, EMS, Red Cross, and LISD. The Lubbock Emergency Communications District, being a critical component in any emergency response, is requesting to subscribe to the City's radio system and to purchase two radios to aid their communications with other public safety agencies in the event of such an emergency. FISCAL IMPACT: This will increase Radio Shop revenue by $378 per year, as well as increase the infrastructure reserve by $490 per year. Staff recommended approval of this resolution. (26.) Resolution No. 2003-RO305 authorizing the Mayor to execute a Settlement Agreement with Texland Petroleum, L.P. RESOLUTION NO. 2003=110305 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 Settlement Agreement, by and between the City of Lubbock and Texland Petroleum, L.P., settling a dispute between the parties concerning an Oil and Gas Lease between City of Lubbock and Texland Petroleum, Inc., as described therein, and any associated documents. Said Settlement 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. 121 Regular City Council Meeting August 6, 2003 Page 122 Passed by the City Council this 6th day of August, 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/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Settlement Agreement is filed with Resolution No. 2003-R0305. On December 13, 1984, Texland Petroleum, L.P. (formerly known as Texland Petroleum, Inc.) entered into an Oil and Gas Lease with the City of Lubbock (Volume 55, Page 685, Oil & Gas Lease Records, Lubbock County, Texas) (the "Lease"). On January 29, 2003, and February 19, 2003, the City of Lubbock made a demand on Texland Petroleum, L.P. regarding the royalties being paid to the City of Lubbock. Representatives from the parties met and tentatively resolved their differences regarding the interpretation of the respective clauses contained in the Lease. As a result, the proposed settlement calls for (i) the payment of $250,000 to the City of Lubbock; (ii) an amendment to the Lease with the following provisions: Paragraph 2(a), Description of Land; Paragraph 6(a) and 6(b), Production Royalties; and Paragraph 28, Non Warranty and Proportionate Reduction Clause; and (iii) the commitment by Texland to additional development of the Lease with two infill wells and one lease line cooperative well. In return, the parties mutually release each other of all claims they may have against the other, which have accrued up to the effective date of the settlement. FISCAL IMPACT: The result of this settlement will be financially beneficial to the City of Lubbock. Detailed information will be provided during Executive Session. Staff recommended approval of this resolution. (27.) Resolution No. 2003-RO306 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. RESOLUTION NO.2003-RO306 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment of Oil and Gas Lease, by and between the City of Lubbock and Texland Petroleum, L.P., and other working interest owners, (collectively the "Texland Group"), and any associated documents, amending that certain Oil and Gas Lease, Resolution No. 1896, dated December 13, 1984 and recorded in Volume 55, Page 685, Oil & Gas Lease Records, Lubbock County, Texas. The execution of the Amendment of Oil and Gas Lease is 122 Regular City Council Meeting August 6, 2003 Page 123 conditioned upon the prior execution of same by the Texland Group. Said Amendment of Oil and Gas 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 6th day of August, 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/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2003-R0306. On December 13, 1984, Texland Petroleum, L.P. (formerly known as Texland Petroleum, Inc.) entered into an Oil and Gas Lease with the City of Lubbock (Volume 55, Page 685, Oil & Gas Lease Records, Lubbock County, Texas) (the "Lease"). On January 29, 2003, and February 19, 2003, the City of Lubbock made a demand on Texland Petroleum, L.P. regarding the royalties being paid to the City of Lubbock. Representatives from the parties met and tentatively resolved their differences regarding the interpretation of the respective clauses contained in the Lease. As a result, the proposed settlement calls for an amendment to the Lease amending the following provisions: Paragraph 2(a), Description of Land; Paragraph 6(a) and 6(b), Production Royalties; and Paragraph 28, Non Warranty and Proportionate Reduction Clause. This Amendment is part of the consideration for settling the disputes over interpretation between the City and Texland. FISCAL IMPACT: The result of this settlement will be financially beneficial to the City of Lubbock. Detailed information was provided during Executive Session. Staff recommended approval of this resolution. The next item considered was Item 28. (27A.) Resolution No. 2003-RO309 authorizing the Mayor to execute a Settlement Agreement with Cornell Corporation for the remaining 3/16`h interest in the Lease. This item was moved from consent agenda to regular agenda and was considered following Item 14. RESOLUTION NO.2003-RO309 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 Settlement Agreement, by and between the City of Lubbock and Cornell Corporation, settling a dispute between the parties concerning an Oil and Gas Lease between City of Lubbock and Texland Petroleum, Inc., as described therein, and any associated documents. The execution of 123 Regular City Council Meeting August 6, 2003 Page 124 the Settlement Agreement is conditioned upon the prior execution of that certain Amendment of Oil and Gas Lease by and between the City of Lubbock and Texland Petroleum, L.P., et al. Said Settlement Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 6th day of August, 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/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the Settlement Agreement is filed with Resolution No. 2003-R0309. Texland Petroleum, L.P. (formerly known as Texland Petroleum, Inc.) entered into an Oil and Gas Lease with the City of Lubbock on December 13, 1984 (Volume 55, Page 685, Oil & Gas Lease Records, Lubbock County, Texas) (the "Lease"). The City of Lubbock made a demand on Texland Petroleum, L.P. on January 29, 2003, and February 19, 2003, regarding the royalties being paid to the City of Lubbock. Representatives from the parties met and tentatively resolved their differences regarding the interpretation of the respective clauses contained in the Lease. As a result, the proposed settlement calls for (i) the payment to the City of Lubbock $250,000; (ii) an amendment to the Lease amending the following provisions: Paragraph 2(a), Description of Land; Paragraph 6(a) and 6(b), Production Royalties; and Paragraph 28, Non Warranty and Proportionate Reduction Clause; and (iii) the commitment by Texland to additional development of the Lease with two infill wells and one lease line cooperative well. In return, the parties mutually release each other of all claims they may have against the other that have accrued up to the effective date of the settlement. FISCAL IMPACT: The result of this settlement will be financially beneficial to the City of Lubbock. Detailed information was provided during Executive Session. Staff recommended approval of this resolution. Motion was made by Council Member Morrison conditioned upon and subject to the prior execution of Item 27 by the working interest owners of the lease as set forth therein, except Cornell Corporation, seconded by Council Member Hernandez to pass Resolution No. 2003-R0309 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 27B. 124 Regular City Council Meeting August 6, 2003 Page 125 (27B.) Resolution No. 2003-RO310 authorizing the Mayor to execute an Amendment of Oil and Gas Lease for the remaining 3/16ths interest, by and between the City of Lubbock and Cornell Corporation, conditioned upon prior execution by the working interest owners of the Lease, as defined below. This item was moved from consent agenda to regular agenda and was considered following Item 27A. RESOLUTION NO.2003-RO310 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment of Oil and Gas Lease (the "Cornell Amendment"), by and between the City of Lubbock and Cornell Corporation, and any associated documents, amending that certain Oil and Gas Lease, Resolution No. 1896, dated December 13, 1984 and recorded in Volume 55, Page 685, Oil & Gas Lease Records, Lubbock County, Texas. The execution of the Cornell Amendment is conditioned upon the prior execution of that certain Amendment of Oil and Gas Lease by and between the City of Lubbock and Texland Petroleum, L.P., et al. Said Cornell Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 6th day of August, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Buck_ Ed Bucy, Right of Way Agent APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the Cornell Amendment is filed with Resolution No. 2003-R0310. On December 13, 1984, Texland Petroleum, L.P. (formerly known as Texland Petroleum, Inc.) entered into an Oil and Gas Lease with the City of Lubbock (Volume 55, Page 685, Oil & Gas Lease Records, Lubbock County, Texas) (the "Lease"). On January 29, 2003, and February 19, 2003, the City of Lubbock made a demand on Texland Petroleum, L.P. regarding the royalties being paid to the City of Lubbock. Representatives from the parties met and tentatively resolved their differences regarding the interpretation of the respective clauses contained in the Lease. As a result, the proposed settlement calls for an amendment to the Lease amending the following provisions: Paragraph 2(a), Description of Land; Paragraph 6(a) and 6(b), Production Royalties; and Paragraph 28, Non Warranty and Proportionate Reduction Clause. This Amendment is part of the consideration for settling the disputes over interpretation between the City and Texland. 125 Regular City Council Meeting August 6, 2003 Page 126 FISCAL IMPACT: The result of this settlement will be financially beneficial to the City of Lubbock. Detailed information was provided during Executive Session. Staff recommended approval of this resolution. Motion was made by Council Member Morrison conditioned upon and subject to the prior execution of Item 27 by the working interest owners of the lease as set forth therein, except Cornell Corporation, seconded by Council Member Hernandez to pass Resolution No. 2003-RO310 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 34. (28.) Resolution No. 2003-R0307/BID #101-03/RS—for 25 Ton Off Road Articulated Dump Truck (Fleet Services). This item was considered following Item 27. RESOLUTION NO.2003-RO307 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid ITB # 101-03/RS for a 25 ton off road articulated dump truck, by and between the City of Lubbock and Associated Supply Company of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 6th day of August, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR GVO-Moll /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Purchase Order is filed with Resolution No. 2003-R0307. This bid is for the purchase of a 25-ton off -road articulated dump truck for use at the West Texas Regional Disposal Facility located near Abernathy, Texas. This truck will be used for various projects at the landfill, as required by State and Federal regulations, relating to covering trash and soil each day, erosion control, various excavation projects, and storm water retention projects. Twenty-two local businesses were notified of this Invitation to Bid. The recommended bidder has agreed to sell this item to other governmental entities, which have cooperative purchasing agreements with the City of Lubbock. 126 Regular City Council Meeting August 6, 2003 Page 127 FISCAL IMPACT: A total of $240,000 was appropriated and $240,000 is available in project number 5515.8704 (Lease Purchase Equipment) for the bid cost of $217,900. Award bid/contract to Associated Supply Company of Lubbock, Texas for $217,900, or such alternative action as the City Council may deem appropriate. (29.) Resolution No. 2003-110308/13I1) #108-03/RS—for Lubbock Municipal Auditorium Acoustical Enhancements (Civic Center). RESOLUTION NO. 2003-RO308 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 Lubbock Municipal Auditorium acoustical enhancements, BID 4108-03/RS, by and between the City of Lubbock and Wardroup & Associates, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 6th day of August, 2003. 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 /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 6th day of August, 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 Wardroup & Associates, Inc., of the City of Lubbock, County of Lubbock, 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 4108-03/RS - LUBBOCK MUNICIPAL AUDITORIUM ACOUSTICAL ENHANCEMENTS - $34,685.00 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 127 Regular City Council Meeting August 6, 2003 Page 128 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/ Freddy Chavez Owner's Representative APPROVED AS TO FORM: /s/ John M. Knight City Attorney ATTEST: Corporate Secretary /s/ Wallace C. Wardroup CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: Wardroup & Associates, Inc. By: /s/ Dennis W. Wardroup PRINTED NAME: Dennis W. Wardroup TITLE: President COMPLETE ADDRESS: Wardroup & Associates, Inc. 4408 Brownfield Drive Lubbock, TX 79410 This project involves the installation of sound reinforcing materials permanently mounted to the walls and balcony areas of the Municipal Auditorium. Acoustical enhancement is necessary to accentuate varying levels and types of sound produced by the diversified events occurring in the facility. The technology in the Auditorium must be capable of properly augmenting lessee's equipment, when applicable. Twenty-one local contractors were notified of the Invitation to Bid. Time for completion of this project is 90 calendar days and liquidated damages is $675 per day. FISCAL IMPACT: A total of $40,000 was appropriated and $40,000 is available in project number 90169.9210 (Auditorium Acoustical Enhancement -Buildings Municipal) for the bid cost of $34,685. Award bid to Wardroup & Associates, Inc. of Lubbock, Texas for $34,685 or such alternative action as the City Council may deem appropriate. The next item considered was Item 14. DEVELOPMENT SERVICES Streets and Drainage (30.) Resolution No. 2003-RO312 authorizing the Mayor to execute Amendment No. 2 to an Engineering Agreement with Parkhill, Smith & Cooper Inc., on the South Lubbock Drainage Improvement Project. This item was considered following Item 34. 128 Regular City Council Meeting August 6, 2003 Page 129 RESOLUTION NO.2003-RO312 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 No. 2 and any associated documents to the Engineering Services Agreement by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., for professional services with regard to the South Lubbock Drainage Improvement Project, including the redesign of the eastern end of the project due to right-of-way problems, separating the plans and specifications for the portion of the project west of Slide Road so that it may be included in the 981h Street paving project from Slide Road to Frankford Avenue, evaluation of possible modifications at Hoel Park, and extension of time to accommodate the extra work; a copy of which Amendment No. 2 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 6th day of August, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, PE, City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Amendment No. 2 is filed with Resolution No. 2003-R0312. In 2002, after preliminary utility investigations, aerial photography, digital orthography development, and a digital terrain model were completed; a preliminary route for the South Lubbock Drainage Improvements was agreed upon. The route primarily followed the lines of the feasibility study. However, the field data listed above was needed for confirmation. In January of 2003, an easement needed from one of the property owners along the proposed route was determined to be unachievable, which potentially affected the entire route east of US 87. A new outlet point had to be found, a new route investigated sufficiently for viability, and research was conducted on the availability of easements. Additional research found that a route down the section line of Guava would be feasible. Although more landowners will be affected, they are more amenable to granting storm sewer line easements. Also, during this time the 98`h Street widening project was being discussed. The Design Team was asked to break out a one -mile segment between Slide Road and Frankford Avenue to be inserted into the 98`h Street widening project. Originally, this segment was to be included in the regular storm sewer trunk line construction plans. Included in this attachment was additional hydrologic and hydraulic modeling for possible Hotel Park modification. The amendment covers new aerial photography, digital orthophotos Triangular Irregular Network (TIN) files, and digital terrain modeling, where coverage is not available under the original planned route. New photo -identification point surveys have to be performed for the TIN files 129 Regular City Council Meeting August 6, 2003 Page 130 to be developed based on on -the -ground point elevations. Existing utility coordination and documentation has to be performed. Hydrology and hydraulic analysis have to be re -analyzed for function. New section corners have to be surveyed for easement purposes and the reroute alignment. This includes all additional surveying required. The amendment covers the differential man-hours for breaking out the 981' Street widening segment into separate plans, duplicate details sheets, and developing duplicate specification sections. The schedule for the deliverables of this engineering contract is as follows: Plan and Specification package for main trunk line from Canyon west to Slide Road (less the one mile from University Avenue to Indiana Avenue previously delivered) is December 2003. This includes lateral lines to Crow Park, Lake 87, Guy Park and the two Lakeridge lakes. 98t' Street trunk line from Slide Road west will be dependent on the 981' Street paving schedule and geotechnical options. Other lateral line packages are due in July, 2004. FISCAL IMPACT: This amendment adds a "Not To Exceed" amount of $298,350 to the contract. Currently, there is $38,500,000 budgeted and $37,171,000 available for this project. Amendment No. 2 will add $298,350, for a total "Not To Exceed" contract amount of $3,683,431. Currently, there is $3,500,000 budgeted in the design and bid phases for this project. If this amendment is approved, approximately $200,000 will be transferred from the construction phase to the design phase with a budget change request (BCR). Staff recommended approval of this resolution. Council Member Martin asked Larry Hertel, City Engineer, if the areas would be paved and then dug up later for a storm sewer and repaved. He added that work on 98a' Street from Slide to Frankford should have been started earlier this year. Plans are to put the storm sewer in first and pave only one time. Is that how this will go? Mr. Hertel stated that part of the contract of this amendment requested is to actually split out that portion of the storm sewer from Slide Road west and to actually prepare a separate bid package that would be included in the 98 h Street paving. Although, the amendment today is not actually the 98'' Street project, but the South Lubbock Storm Sewer Program. Paul McMillan, a Design Engineer with Parkhill, Smith & Cooper, gave comments. Motion was made by Council Member Hernandez, seconded by Council Member Boren to pass Resolution No. 2003-RO312 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais at the time of the vote. (31.) Resolution No. 2003-R0313/RFQ #062-03NK—for Geotechnical Evaluation (Street Drainage Engineering). RESOLUTION NO.2003-RO313 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 for Engineering Services and any associated documents by and between the City of Lubbock and Fugro South, Inc., for evaluation of soil conditions with regard to backfill operations in the City of Lubbock, a copy of which Agreement is attached hereto and which shall be spread upon 130 Regular City Council Meeting August 6, 2003 Page 131 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 4th day of August, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, PE, City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Agreement is filed with Resolution No. 2003-R0313. This contract involves geotechnical engineering services to evaluate current backfill and paving repair standards used by utilities and other excavations in the public row. There is a perceived problem of current practices being used by utilities and other excavators in the public row related to the manner and quality of backfill operations of these excavations. This evaluation will look at current practices and recommended new practices and methods of backfill operations, if deemed necessary. The scope of work includes: a. Evaluation of typical, native soil conditions in the City of Lubbock, as they relate to excavations and backfill operations. b. Investigation and evaluation of current practices and procedures related to backfill of utility ditches in the City of Lubbock. This investigation will include current practices by City -owned utilities, public utility companies, their contractors, and subcontractors. C. Participation in meetings with City staff, representatives of City -owned utilities and public utility companies. A presentation to the City Council of the findings of the evaluation may also be included. d. Investigation of methods and practices of backfill of excavations in public right-of-way in other Texas cities. e. Preparation of a report related to the adequacy of current methods and practices of excavation backfills within the City of Lubbock right-of-way and a recommendation of appropriate revisions to these methods and practices. f. Evaluation of methods and practices, and recommendations of possible changes in these methods, of utility trenches in public alleys, with special emphasis on alley utility backfill practices in new subdivision developments. g. Preparation of a policy manual on standardized methods, practices, and specifications for backfill operations of excavations within the public right-of-way. These standards will also include possible differing methodology for unpaved street, paved minor street, or paved major street backfills. The standards may also address 131 Regular City Council Meeting August 6, 2003 Page 132 differing requirements for narrow, wide, shallow, and deep excavations. h. Assist in the preparation of a "draft" policy defining requirements for backfill of excavations in the public right-of-way of the City of Lubbock, based on the conclusions of the investigations and evaluations of the tasks detailed in the contract Scope of Work. i. Review the City of Lubbock's current paving cut repair details and specifications for adequacy of design to prepare an updated paving cut repair manual. Twenty-seven local firms were notified of the Request for Qualifications (RFQ). Statements of qualifications were evaluated by a Selection Committee using criteria outlined in the RFQ: 1) Team Organization and Expertise; 2) Design Ability; 3) Research Potential; 4) Program Responsiveness; and 5) Production Capability. Each member of the Selection Committee reviewed and scored the Statement of Qualifications (SOQ), with the exception of one member. That member, after reviewing the SOQs, did not feel he had adequate expertise in performing the evaluation based on the information submitted by the geotechnical engineering firms. Scores were then averaged based on the remaining Committee members performing their evaluations of the SOQs. The average scores of the firms responding to the RFQ, as determined by the Selection Committee, are as follow: Fugro South, Inc. of Austin, Texas 85.55 Professional Service Industries, Inc. of El Paso, Texas 83.23 Raba-Kistner Consultants, Inc. of San Antonio, Texas 83.03 Kleinfielder of Austin, Texas 80.16 Enprotec, Inc./ Hibbs & Todd, Inc. of Lubbock, Texas 69.10 It was the Selection Committee's opinion, based on their review of the SOQ, that all five of the firms were capable of performing these services. However, the only local firm, Enprotec, appears to be primarily an environmental engineering firm with civil engineering capabilities. In the opinion of the Committee, the other four firms are all primarily engaged in the area of geotechnical engineering services. The Selection Committee considered the advantages and disadvantages of utilizing a local firm. There is the potential for differences of opinion, not only between different City departments, but also public utilities and their contractors during the evaluation and resulting recommendations upon the completion of this consultant's work. This especially pertains to possible increased costs in performing backfill of trenches and paving cut repairs. The Committee believed it would be advantageous to have a firm that is not local, as well as a firm that does little work in the City of Lubbock, to perform these services. They could approach the project with an open, unbiased view of their analysis and recommendations without possible conflicts with past or future contracts with the different departments in the City. FISCAL IMPACT: A total of $75,000 was appropriated and $75,000 is available in project number 940.8470 (Compaction Study) for the bid amount of $70,500. Award contract to Fugro South, Inc. of Austin, Texas for $70,500, or such alternative action as the City Council may deem appropriate. Council Member Martin asked Larry Hertel, City Engineer, if in the policy revisions staff would look at the idea of requiring boring under all the streets rather than allowing paving cuts? 132 Regular City Council Meeting August 6, 2003 Page 133 Mr. Hertel stated: "Even though it was not specifically addressed in the request for qualifications, it did go to the consultants that did respond to this." He further stated this is something planned to be included in that scope of work, the overall scope, and staff would be looking at recommendations from the consultant. Motion was made by Council Member Hernandez, seconded by Council Member Gilbreath, to pass Resolution No. 2003-RO313 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. Planning (32.) ORDINANCE #2003-00063— Amending Chapter 26, "Taxation" of the Lubbock Code of Ordinances by adding "Article III. Tax Incentives for Historic Preservation" providing for partial property tax exemption for certain properties zoned Design -Historic and providing for a partial property tax exemption for restoration of historic structures (Planning) (Second and Final Reading). ORDINANCE NO.2005-00063 AN ORDINANCE TO BE KNOWN AS THE "CENTENNIAL HISTORICAL PRESERVATION INITIATIVE," AMENDING CHAPTER 26, "TAXATION" OF THE LUBBOCK CODE OF ORDINANCES BY ADDING "ARTICLE III. TAX INCENTIVES FOR HISTORIC PRESERVATION" PROVIDING FOR A PARTIAL TAX EXEMPTION FOR RESTORATION OF HISTORIC STRUCTURES ZONED DESIGN HISTORIC; PROVIDING FOR ENFORCEMENT THEREOF; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Council appointed the Urban Design and Historic Preservation Commission for historic preservation and the Lubbock Historic Landmark program. This Commission has proposed a Historic Preservation Tax Incentive program for properties zoned Design -Historic under the Urban Design and Historical Preservation section of the Zoning Ordinance. The Commission is very enthusiastic about this program and hopeful of its positive effect on older neighborhoods and downtown Lubbock. Lubbock is one of the few Texas cities with Historic Preservation programs, which is not already offering some sort of tax reduction incentive program. The Texas Historical Commission provides information about almost 30 cities and counties that currently provide such incentives. These cities are as small as Mineola and Pittsburg and as large as Dallas, Houston, and San Antonio. A study completed by the Center for Urban Policy Research for the Texas Historical Commission analyzed data from across the state, which indicated that the lost tax revenues from such incentive programs are more than returned by increased property values of rehabilitated buildings. For example, in Abilene, the average annual tax reduction of $23,000 for all landmark properties has helped spur more than $5,000,000 in reinvestment in Abilene's historic neighborhoods and downtown. The ordinance recommended by the Urban Design and Historic Preservation Commission includes three basic incentives: 1. Eliminating the $475 zoning fee for historic landmark designations for two months out of each year to encourage more owners of historic properties to participate in the program. 2. Providing a tax reduction program for properties designated as Lubbock Historic Landmarks that will reduce city property tax by 20% of the assessed value, except that owner occupied residential shall be reduced 30%. Program duration to be 10 years after the date of designation or 10 years beginning January 1, 2004, for those properties previously designated as Lubbock Historic Landmarks. As an example, if the proposed 20-30% reduction is 133 Regular City Council Meeting August 6, 2003 Page 134 put into place today for the 40 or so existing Lubbock Historic Landmarks, the total annual loss of revenue to the City of Lubbock will be about $8,300 annually at the current tax rate. 3. Providing an additional tax reduction incentive for rehabilitation projects that preserve and improve the historic integrity of landmark buildings. These improvement projects would be reviewed under the same process and guidelines to which landmark rehab projects are currently subject to. So there would be no change in the process, only an incentive to invest money in rehabilitation. The proposal for those properties designated as Lubbock Historic Landmarks, which are substantially rehabilitated, is a reduction of 50% of the city property taxes for a period not to exceed 10 years or an amount in excess of the total eligible project cost. The minimum project cost eligible for this incentive will be the lesser of $5,000 or 5% of the assessed value of the structure. Councilman Hernandez requested that this item be placed on the agenda. It previously passed on first reading and failed on second reading, when not all Council members were present. FISCAL IMPACT: If the proposed 20-30% reduction is put into place today for the 40 or so existing Lubbock Historic Landmarks, the total annual loss of revenue to the City of Lubbock will be less than $10,000 annually, at the current tax rate. If approved by the City Council, additional individual business and residential properties could qualify for the tax reduction. After the Urban Design Commission makes recommendation, the Historic Landmark Designation is handled as a zone case. Staff recommended approval of this ordinance. Council Member Boren returned to the dais. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00063 subject to the following modifications: First of all that the 20-30% provisions be eliminated; secondly, that we provide for a 50% tax break for permitible (eligible to get a permit) renovations to historic buildings; and third, that the time frame be five years rather than ten years and that it be reviewed after five years. Council Member Martin proposed a friendly amendment to entitle this the "Lubbock Centennial Historical Preservation Initiative". Council Members Gilbreath and Morrison agreed to the amendment. Motion carried: 6 Yeas, 0 Nays. Mayor Pro Tern Hernandez recused himself. Council Member Boren requested that all of the people who would qualify for this and the homeowners be sent a notice of what took place today. Craig Farmer, Managing Director of Planning & Transportation, agreed to do so. Parks and Recreations (33.) Resolution No. 2003-RO314 authorizing the Mayor to approve the recommendation of the Parks and Recreation Board regarding FY 2002-2003 use of in -kind services for the 2003 Buddy Holly Festival. RESOLUTION NO.2003-RO314 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby approves the recommendations of the Parks and Recreation Board with regard to FY 2004-2003 use of in -kind services by City of Lubbock departments as set forth in Exhibit "A" hereto, 134 Regular City Council Meeting August 6, 2003 Page 135 which said Exhibit "A" is attached hereto and made a part hereof as if fully copied herein in detail. Passed by the City Council this 6th day of August, 2004. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Corbin Pemberton Corbin Pemberton Parks and Recreation Director APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims Assistant City Attorney A copy of the Exhibit A is filed with Resolution No. 2003-R0314. At the January 9, 1997 City Council meeting, the City Council approved Ordinance #9965, which amended Chapter 2 of the Code of Ordinances of the City of Lubbock. In doing so, the duties of the Parks and Recreation Board were expanded to include review of requests for in -kind services for special/community events. The special events policy was developed in order to track special event support and monitor the increase of requests received from non-profit organizations for special events in the City of Lubbock. The policy allocates up to $200,000 annually for in -kind services. Of that amount, 90% ($180,000) is earmarked for existing events, while the remaining 10% ($20,000) is targeted for new events. Each year, City staff conducts at least two training sessions for local non- profit and civic organizations to familiarize them with the special events policy and the grant process. Applications for in -kind services are due at least forty-five days prior to the event. Once received, the application is reviewed by departmental staff to ensure that the request is appropriate. For example, the Police Department reviews requests for security and traffic control to ensure that the appropriate number of officers was requested. If needed, adjustments are made to the requests and the applicants are notified. The Parks and Recreation Board then rates the grant application for in -kind City services based on the applicant's response to 9 subjective questions for each event. Each subjective question is worth up to 5 points from the individual Parks and Recreation Board member. The individually graded applications are then returned to staff in order to determine the aggregate score. There are a total of 405 possible points on the subjective section and an additional 250 possible points on the objective section of the application with a possible 655 points for each event. The objective section deals with the percent of budget that is publicly funded, the applicant's non-profit status, etc. 135 Regular City Council Meeting August 6, 2003 Page 136 On July 28, 2003, the Parks and Recreation Board approved the aggregate scoring and recommended the following Special Event Applications for in -kind services: Event Buddy Holly Festival In -Kind Requested $3,550 Percent Awarded 90% In -Kind Proposed $3,195 To date, there is a total of $104,335 of in -kind services approved for FY 2002-2003 with a total of $3,195 to be considered for approval, all of which will be absorbed within the existing departmental budgets. The event organizers will be responsible for making up the difference. Since the Buddy Holly Festival event being recommended for approval is an existing event, this would leave a balance of $72,470 of in -kind services, which can be allocated for existing special events in FY 2002-2003 and $18,872 for new events. FISCAL IMPACT: The fiscal impact of the Buddy Holly Festival is $3,195 of in -kind services provided by the City of Lubbock. The following departments will be providing the in -kind services: Department Amount Requested Award Percentage Amount Granted Police $640 90% $576 Lubbock Power & Light $150 90% $135 Parks & Recreation $2,360 90% $2,124 Administration $50 90% $45 Solid Waste $250 90% $225 Streets $100 90% $90 Water $0 90% $0 Total Request $3,550 Total Granted $3,195 Staff recommended approving the application for the in -kind services to be provided through the Special Events Policy adopted by City Council. Council Member Martin asked Corbin Pemberton, Community Projects Manager, if the Parks Board recommended 90% of the money to provide services which the various entities have requested, what happens to the other 10%? Mr. Pemberton stated they either "make do" or if they exceed that amount, they would be billed for that service. Council Member Martin asked when Council would see the item for Fiestas del Llano? Mr. Pemberton stated this year's item had already been approved. The item for all events for next fiscal year will be coming in October. Council Member Martin asked when Council would see the item for the South Plains Fair this year? Mr. Pemberton stated his information was they did not apply this year. Council Member Martin suggested very strongly that staff get with the Fair Association about the support for the in -kind services for the South Plains Fair in 2003 and be ready to hopefully bring something back at the August 28`h meeting. At this time, Mayor Pro Tern Hernandez asked Kay Miller, Special Events Coordinator, to speak. Ms. Miller stated the Fair Association had turned in an application. She had spoken with Herb Higgs concerning services he was requesting. She then took that up with her supervisors. At that time, 136 Regular City Council Meeting August 6, 2003 Page 137 she was told Mr. Higgs was going to the Police Department to work out the traffic control issues. This is not included in the package that will be coming in August. Mayor McDougal asked Mr. Pemberton to check into this, email the Council and put something on the agenda for August 28`h. Mayor Pro Tem Hernandez asked if maybe the final details were in the works, but not ready to be brought to Council. Ms. Miller stated Mr. Higgs told her that the Fair Association was only requesting traffic control and he could work it out directly with the Police Department for that service to be provided. Mr. Higgs has not confirmed this. However, she had received an email from him this morning and she assured Council that she would follow up on this. Mayor Pro Tem Hernandez asked Ms. Miller to inform Council of progress on this and all other events. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass Resolution No. 2003-RO314 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 35. MISCELLANEOUS Other (34.) Resolution No. 2003-110311/13I1) #080-03/VK—for Audit of Annual Financial Statements (Audit Committee). This item was considered following Item 27B. RESOLUTION NO.2003-RO311 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 audit services per RFQ #080-03/VK, by and between the City of Lubbock and KMPG LLP of Dallas, 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 6th day of August, 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 APPROVED AS TO FORM: /s/ Linda L. Chamales Richard K. Casner, First Assistant City Attorney The City of Lubbock requested statements of qualifications and price proposals from certified public accounting (CPA) firms to provide professional auditing services for a five-year period beginning with fiscal 137 Regular City Council Meeting August 6, 2003 Page 13 8 year ending September 30, 2003. The Audit Committee recommended that the term of the contract be three years and this has been discussed with the vendors. Notification of the Request for Qualifications (RFQ) was sent to 115 firms. RFQ documents were requested by and sent to 32 local CPA firms and 33 non -local CPA firms. Four firms submitted responses to the RFQ. The Audit Committee evaluated the proposals based on criteria including mandatory elements, technical qualifications, and price proposal. The following represent principal selection criteria considered during the evaluation process. • Mandatory elements required that the firm be independent, able to complete the audit and submit the financial statements within statutory requirements, provide a professional education program to members of their staff, be licensed to practice in Texas and that the firm has no conflict of interest with regard to other work performed for the City or its component units. • Qualifications and Experience (15%) • Partner, Supervisory, and Staff Qualifications and Experience (10%) • Thorough Knowledge of Municipal Operations and Specific Knowledge of the City of Lubbock (10%) • Similar Engagements with Other Government Entities (10%) • Equal Opportunity and Utilization of Local Resources (5%) • Specific Audit Approach (25%) • Price Proposal (25%) The firms were ranked as follows: KPMG of Dallas, Texas 415.0 (FINALIST) Bolinger, Segers, Gilbert & Moss of Lubbock, Texas 397.0 (FINALIST) Robinson Burdette Martin Seright & Burrows 364.5 of Lubbock, Texas BKD of Little Rock, Arkansas 323.5 The Audit Committee recommended contract award to KPMG, L.L.P. of Dallas, Texas. Significant terms of the contract presented for Council approval are: • Agreement for FY 2002-03 with services that may be renewed annually up to two additional one-year periods. • Estimated hours for each of the three fiscal years will be 1,240 • Estimated out-of-pocket expenses for first year: $25,000 FISCAL IMPACT: A total of $200,000 was appropriated and $200,000 is available in account number 3311.8302 (Accounting Professional Services) for the proposed amount of $171,000. Award bid to KPMG, L.L.P. of Dallas, Texas for $171,000 (first year), or such alternative action as the City Council may deem appropriate. Jim Brunjes, Chair of the Audit Committee, gave comments concerning the committee's recommendation of KPMG, L.L.P. of Dallas, Texas. Mr. Brunjes also stated the committee had identified some projects on a lesser scale, which they would like Bolinger, Segers, Gilbert & Moss of Lubbock, Texas to work with. Things that should be separate, the Audit 138 Regular City Council Meeting August 6, 2003 Page 139 Committee is going to recommend that they be handled as separate audits away from the single audit. The single audit is a major audit that certifies the overall condition of the City and LP&L. It is important that this be looked at as one audit and other things may be identified as separate little component audits. The final recommendation of the Audit Committee was for a three -years contract to KPMG, L.L.P. of Dallas, Texas. Council Member Boren stated it was a benchmark for the City of Lubbock to have a Citizens' Audit Committee that oversees what takes place actually in the City finances and as a direct outgrowth of the City Treasurer, CFO Committee, that analyze the City operations to see what we could do to have good fences, good boundaries of checks and balances. He commended the work of the Committee. He also requested that KPMG and Bolinger, Segers, Gilbert & Moss understand and realize that they do work for the City Council. They do not report to the City Manager. They are the citizens' checkpoint, checks and balances, to be sure that what is actually disclosed to the public is what it really is. They report to City Council. They will work with city management, city operations and they will provide them with a necessary type of information to do their job. But they do report to Council and they need to get their direction from us; they are not to be directed by the city staff, as far as the finances or any kind of questionable activities or any other issues, which should arise. Mr. Brunjes stated that one of the elements of the audit emphasized was the fact of public trust. He also stated that the Audit Committee would involve the Mayor and Council as a group in an entrance conference with KPMG to talk about whatever concerns Council might have. It has already been discussed with KPMG that if they come across things during the course of the audit that need to be raised, they would raise them immediately with the Audit Committee and in turn, the Mayor and Council would be advised of the findings. Motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass Resolution No. 2003-RO311 as recommended by Audit Committee. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 30. (35.) Ordinance No. 2003-00086 calling an election for property tax reduction (1/4 cent) and economic development (1/8 cent) for November 4, 2003, pursuant to V.T.C.A. Labor Code Art. 5190.6, Sec. 4A, and Chapter 321 of the Tax Code (Second and Final Reading). This item was considered following Item 33. ORDINANCE NO.2003-00086 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 4, 2003, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF A SALES AND USE TAX WITHIN THE CITY OF LUBBOCK FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES AT THE RATE OF ONE -EIGHTH (1/8) OF ONE PERCENT AND THE ADOPTION OF AN ADDITIONAL SALES AND USE TAX WITHIN THE CITY OF LUBBOCK AT THE RATE OF ONE-FOURTH (1/4) OF ONE PERCENT TO BE USED TO REDUCE THE PROPERTY TAX RATE PURSUANT TO SECTION 4A(p) OF ARTICLE 5190.6 OF VERNON'S ANNOTATED CIVIL STATUTES; MAKING PROVISION FOR THE CONDUCT OF SUCH ELECTION ACCORDING TO APPLICABLE PROVISIONS OF LAW; PROVIDING FOR EXECUTION OF AN APPROPRIATE ELECTION ORDER HEREAFTER; GIVING NOTICE OF SUCH ELECTION; AND OTHER PROVISIONS INCIDENT TO AND RELATED TO THE PURPOSE HEREOF. 139 Regular City Council Meeting August 6, 2003 Page 140 Following final passage of the ordinance, an election order will be prepared and the election will be submitted to the U.S. Department of Justice for pre -clearance as required by Federal law for special elections. FISCAL IMPACT: If voters pass the 1/8-cent sales tax for economic development, the sales tax revenues will replace the money collected in the Community Improvement Fund (CIF) for economic development. The General Fund, Water, Sewer and Solid Waste all contribute to the CIF. The average annual transfer has been $2.3 million, though next year's transfer is anticipated to be $1.4 million. With Sales Tax funding economic development, the General Fund and these Enterprise Funds will be able to use the money they normally transfer. Staff recommended approval of this ordinance. Council Member Martin asked City Attorney Anita Burgess if this was the last time Council Members could give their voice to this item. Ms. Burgess stated it was. Mayor McDougal stated that he was strongly of the opinion that the tape for the August 5t' Council meeting could be played through November 3, 2003. He further stated it was a public meeting and that Channel 2 is a public access channel and this should be played as often as wanted. Ms. Burgess stated this needed to be discussed off the record. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass on second and final reading Ordinance No. 2003-00086 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (36.) Consider one appointment to the Board of Electrical Examiners. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to appoint Mike Thoma to the Board of Electrical Examiners as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (37.) Consider five appointments to the Community Relations Task Force Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to appoint Earnest Merritt, Juan Mancias, Martha Medina, Gail Tutino and Cindy Finley to the Community Relations Task Force as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (38.) Consider two appointments to the Electric Utility Board. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to appoint Rice Horkey and Connie Wharton to the Electric Utility Board as recommended by staff. Motion carried: 7 Yeas, 0 Nays. This item considered was Item 39. (38A.) Consider nine appointments to the Lubbock Water Commission. This item was deleted. (39.) Consider four appointments to the Youth Commission — Adults. This item was considered following Item 38. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to appoint Eric Benson, Noe Brito, Corey Powell and Davie Pruett to the Youth Commission -Adults as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (40.) Consider twelve appointments to the Youth Commission — Students Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to appoint Zechariah Ebba, James Neece, Paizley Ramirez, Brian San Francisco, Calvin Walker and Zakary Wyatt to the Youth Commission -Students as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 140 Regular City Council Meeting August 6, 2003 Page 141 10:40 A. M. CITY COUNCIL RECESSED TO WORK SESSION 10:40 A. M. CITY COUNCIL WORK SESSION CONVENED City Council Chambers All council members were present, except Council Member Boren Council Member Patterson requested that Item 42 be the first Work Session item considered, as he would be leaving. (41.) Presentation by the Interim City Manager, regarding the City organization's activities for the month of June 2003. This item was considered following Item 42. Interim City Manager Tommy Gonzales made a presentation regarding activities for the month of June 2003. The purpose of the report was to highlight the issues facing the City, from an operational perspective, for the month of June 2003. Mr. Gonzales stated that he was getting feedback from employees with ideas for operational efficiencies to improve the work environment and would come back to Council to get action items for some of the particular areas. FISCAL IMPACT None. (42.) Discussion of the method and funding for sanitary sewer service to a proposed apartment complex by the Lubbock Housing Authority. This was the first item considered for Work Session. The Lubbock Housing Authority (LHA) is proposing to construct a 184-unit apartment complex for market rate development. The proposed location is a 10.5-acre tract at the southeast corner of 82"d and Avenue U. It is part of a planned development by the LHA of approximately 66 acres south of 82"d Street between Avenues P and U. Although sanitary sewer lines are available in Avenue U, they are insufficient to provide service to the proposed complex and future development west of Avenue U. Two options are available to provide sanitary sewer service; one is a lift station at the site and another is extension of a deep line from 981h Street. The estimated cost for an onsite lift station is $45,000. The deep sewer main from 98`h Street is estimated to cost $281,300. The Lubbock Housing Authority seeks City funding of the sewer service to the tract. FISCAL IMPACT: If the project were funded by the Sewer Pro Rata fund, it would have a negative impact of $281,300 on the already negative balance of the fund. If bonds are used, the impact is negligible. Staff recommended service to the tract be provided by a sanitary sewer trunk line from 98`h Street. Chester Carthel, Chief Engineer, Water Utilities, gave staff comments. Mayor McDougal asked how Mr. Carthel would address this if it were not the Housing Authority, but a private developer coming forward. Mr. Carthel stated a private developer would be responsible for 100% costs. The Housing Authority is asking the City to pay for this, either all or a portion. Mayor McDougal asked if this apartment building would be competing with private enterprise. He stated if a private developer has to pay for the sewer service, then the Housing Authority should. 141 Regular City Council Meeting August 6, 2003 Page 142 Oscar Jones, Director, Lubbock Housing Authority, stated this would be under State Law Section 303 and an opportunity for the Housing Authority to eventually realize some independence from Housing and Urban Development. This is a unit that will be owned by the Housing Authority and it is a market rate development. The rates will be considerably less, because it has to be operated under HUD regulations. Victor Turley, Developer, gave a presentation for the apartment building. Council Member Martin suggested that Council re -designate monies from the Sewer Capital Projects Fund 233, Account 9132, Annexation Sewer Improvement to build this line and that they defer, not forgive, but defer the pro rata on this for five years for the Housing Authority. But at the same time, if any of this land is sold for commercial development then pro rata is due like any other development. Also, he suggested re -designating some capital projects for sewer projects. 10:55 A. M. Council Member Patterson left the meeting. Council Member Martin requested tabling this item until Council Member Patterson can be present. Mayor McDougal asked that Interim City Manager Tommy Gonzales place this item on the work session agenda for the August 28th Council meeting. Council Member Martin suggested that Mayor McDougal, Council Member Gilbreath and Mr. Jones get with Council Member Patterson to update him on this item before August 28t". Mayor Pro Tern Hernandez asked Mr. Jones to furnish the following information: 1) Five years history of number of affordable housing units available. 2) Five years history of Section 8 Vouchers on yearly basis. 3) Plans for use of those monies that are going to be generated as a result of the project. Specific uses for that money in terms of how to narrow the gap between the need in the community for affordable housing and the inventory or stock that is available in inventory. The next item considered was Item 41. (43.) Presentation by the Chief Accountant, of the Monthly Financial Report for the month ending June 2003. This item was deleted. 11:47 A. M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Morrison made a motion to adjourn. Read and approved this L i day of 2005 MCD60GAL, MAYOR ATTEST: Rebecca Garza, City Secretary 142