Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 8/28/2003CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING AUGUST 28, 2003 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 28th day of August, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:32 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T.J. Patterson Absent: No one. CITIZEN COMMENTS ( 1.) Stephen Halpain appeared to discuss the source of funding for sanitary sewer services for the Lubbock Housing Authority's proposed apartment complex. Mr. Halpain is the owner of the Autumn Ridge Apartment complex located at 2101 82°d Street. He commented on the request from the Lubbock Housing Authority for funding for the sanitary sewer services for a proposed apartment complex. (2.) Terry Taylor, D&D Cable Service, appeared to discuss BID 122- 03BM for the relocation of water lines ahead of the Marsha Sharp Freeway project. Terry Taylor addressed the City Council regarding the awarding of the bid to relocate the water lines ahead of the Marsha Sharp Freeway. (3.) Larry Noland appeared to discuss issues related to the downfall of the North Overton area. Larry Noland addressed the City Council regarding who was in charge during the downfall of North Overton. After several derogatory remarks, Mayor McDougal asked Mr. Noland to leave. (4.) Larry Snodgrass appeared to discuss City of Lubbock vehicle towing ordinances. Larry Snodgrass had requested to speak, but was not present. (5.) John Herrera addressed the City Council regarding the awarding of the bid for Carpet and Brick Floor Cleaning Services at Lubbock International Airport. Mr. Herrera is the owner of Industrial Maintenance & Supply and provided backup to Council for his presentation. Mayor McDougal stated that since this item was not on the agenda, Council could not comment. City Attorney Anita Burgess stated that her office had made an assignment to bring information back to Council today. (6.) Anselmo Gomez, majority owner of Coverall of Lubbock, addressed the City Council regarding the awarding of the bid for Carpet and Brick Floor Cleaning Services at Lubbock International Airport. (7.) Billy Boles, co-owner of Antique Mall of Lubbock, addressed the City Council regarding citations he has received for hanging an "open" flag at his place of business. Mayor McDougal stated that since this item was not on the agenda, Council could not comment. He then asked Bob Goodwin, Corporate Communications Manager, to assist Mr. Boles. Regular City Council Meeting August 28, 2003 Page 144 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 pending or contemplated litigation, the purchase, exchange, lease, or value of real property, personnel, and competitive matters of the public power utility as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:58 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Chief Financial Officer; Information Technology; Management Services; Police; Water Utilities). (6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Facilities Management; Water Utilities). (6A.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (Acting City Manager; City Attorney). (7.) 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: Airport Board Appointments Advisory Board Citizens Traffic Commission Community Development and Services Board Keep Lubbock Beautiful Advisory Committee (8.) 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 & 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 & 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 & Light; to deliberate, 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; to deliberate, vote and take final action on a competitive matter regarding natural gas supply contracts and amendments thereto by the City of Lubbock. 144 Regular City Council Meeting August 28, 2003 Page 145 9:56 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson; Quincy White, Assistant City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: No one. Mayor McDougal called the meeting to order at 9:56 A. M. (9.) Invocation by Minister Richard Brent, Senior Minister of Lakeside Church. (10.) 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 Community Relations Task Force Receiving: Bonner Bennett Cindy Finley (unable to attend) Juan Mancias (unable to attend) Martha Medina Earnest Merritt (unable to attend) Gail Tutino (unable to attend) Youth Commission — Adults Receiving: Eric Benson Noe Brito Cory Powell David Pruett Youth Commission — Students Receiving: Zechariah Ebba (unable to attend) James Neece (unable to attend) Paizley Ramirez Brian San Francisco (unable to attend) Calvin Walker (unable to attend) Zakary Wyatt (unable to attend) CITIZENS APPEARANCES (11.) Presentation of a special recognition to members of the 1953 Texas Tech University Football Team in recognition of the 501h anniversary of their Gator Bowl win on January 1, 1954. The 1953 Texas Tech University Red Raider Football Team is celebrating their 501h anniversary of their winning season, which culminated in a win over Auburn University in the Gator Bowl on January 1, 1954. The Red Raiders finished the season with an outstanding 11-1 record (the one loss was to Texas A&M) and during the season led the nation in scoring (38.5 point average for 12 games) and fumble recoveries. The Gator Bowl win was the first "major" bowl win for the University and only the second bowl win for the program. The Gator Bowl also marked the first time the Masked Rider and horse ran at a Texas Tech University football game. The rider was Joe Kirk Fulton. Members of the team are holding a reunion on September 5-6, 2003. A special recognition was presented to the 1953 Texas Tech University Red Raider Football Team. Jerry Johnson and several of his teammates were present and accepted the recognition. (12.) Presentation of a special recognition to the participating members of the Texas Tech University Upward Bound CLEAR Scholars Vision program. 145 Regular City Council Meeting August 28, 2003 Page 146 The Texas Tech Upward Bound program has partnered with visually impaired individuals within the community to provide instruction related to building computers and the usage of accessibility software. In exchange, the visually impaired adults mentor the Upward Bounders on issues relating to life skills. A special recognition was presented to the participating members of the Texas Tech University Upward Bound CLEAR Scholars Vision program. (13.) Presentation of a special recognition to the Lubbock Regional Mental Health and Mental Retardation (MHMR) Center to commemorate September 2003 as Destination Dignity Month. MHMR centers help Texans with mental retardation and mental health conditions to lead productive lives. Nearly 200,000 Texans and their families rely on the services of community MHMR centers to get the specialized support they need. MHMR Centers also work diligently to bring together federal, state, and local resources to expand community care options for Texans and provide the necessary support to facilitate living and working independently. Destination Dignity Month was designed to promote awareness of the Lubbock Regional MHMR Center's efforts within the community and to celebrate the accomplishments of its clients. A special recognition was presented to the Lubbock Regional Mental Health and Mental Retardation (MHMR) Center to commemorate September 2003 as Destination Dignity Month. CONSENT AGENDA (Items No 14-16, 19-22, 24-25, 28-33, 37-39, 41-43, 45, 46 Motion was made by Council Member Hernandez, seconded by Council Member Morrison to approve Items 14-16, 19-22, 24-25, 28-33, 37-39, 41-43, 45, 46 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (14.) Approval of Minutes: July 24, 2003 Regular City Council Meeting August 6, 2003 Regular City Council Meeting While discussing Item 77, Council Member Gilbreath stated this was not `low-income housing' as reflected in Item 14 - August 6, 2003 Regular City Council Minutes and therefore these minutes were incorrect. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to reconsider Item 14. Motion carried: 5 Yeas, 0 Nays. Council Members Hernandez and Morrison were away from the dais. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to amend Item 42 of the August 6, 2003 Regular City Council Minutes to read as follows: "The Lubbock Housing Authority (LHA) is proposing to construct a 184-unit apartment complex for market rate development." Motion carried: 5 Yeas, 0 Nays. Council Members Hernandez and Morrison were away from the dais. August 5, 2003 Special City Council Meeting (15.) Ordinance #2003-00017-Abandoning and closing a portion of Geneva Avenue and 2nd Place adjacent to Block 1, Westhaven Addition and a 10-foot utility easement and a 30-foot utility and garbage collection easement located in Block 1, Westhaven Addition to the City of Lubbock (3212 2nd Place) (second and final reading). 146 Regular City Council Meeting August 28, 2003 Page 147 ORDINANCE NO. 2003-00017 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF GENEVA AVENUE AND 2ND PLACE ADJACENT TO BLOCK 1, WESTHAVEN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND A 10-FOOT UTILITY EASEMENT AND A 30-FOOT UTILITY AND GARBAGE COLLECTION EASEMENT LOCATED IN BLOCK 1, WESTHAVEN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance was read for the first time at the February 13, 2003 City Council meeting as a routine consent agenda item. The first plat submitted closed Geneva Avenue and 2°d Place and did not rededicate them as easement areas. Our original value for these closures including the credit for the cul-de-sac of 2nd Place was $33,335.63. The staff has received and reviewed the final plat and Geneva Avenue and 2"d Place are being dedicated as easement areas. A new north -south alley is being dedicated on the east side of the replat. A new value due the City after reviewing these credits against the areas being closed and the new alley area being dedicated is $16,752.12. FISCAL IMPACT: Income to the City of $16,752.12. The Right -of -Way Department recommended approval of the second reading of this ordinance. (16.) Ordinance No. 00088 abandoning and closing a 52-foot wide drainage easement located in Section 16, Block E-2 (11102 Richmond Avenue) (first reading). ORDINANCE NO.2003-00088 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT LOCATED IN SECTION 16, BLOCK E-2, 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 a 52-foot wide drainage easement that was dedicated in the original plat of Suncrest Addition, Lots 1-116. Suncrest Addition is located along the west side of Quaker Avenue at 1071h Street and this easement being closed is located on the south side of 110th Street and Richmond Avenue. A new easement and street area is being dedicated in the new plat south of 110th Street. The Right -of -Way Department recommended approval of the first reading of this ordinance. The next item considered was Item 19. (17.) Ordinance No. 0 amending the Solid Waste Code, Chapter 23, Section 23-21, of the Code of Ordinances related to disposal rates (first reading). This item was moved from consent agenda to regular agenda and was considered following Item 46. This item failed due to lack of motion. The City of Lubbock is in the process of closing that portion of the Avenue P Landfill, which was authorized for the disposal of municipal solid waste. The Abernathy Landfill opened in October 1999. As of September 2000, all municipal waste has been diverted to the Abernathy Landfill. The Avenue P Landfill remains open for the disposal of 147 Regular City Council Meeting August 28, 2003 Page 148 construction, demolition, inert debris, and serves as a citizen convenience station for domestic waste. Tonnage has decreased due to the increased distance from the Avenue P Landfill to the Abernathy Landfill, the opening of several landfills or unregulated disposal/recycling facilities, and a transfer station near the Avenue P Landfill (waste is then transferred to a privately -owned landfill in Canyon, Texas, south of Amarillo). Finally, changes in effluent disposal practices have increased the amount of sludge that will be land filled each year from 11,500 tons to 30,000 tons. The events described above hinder our ability to process sludge for disposal because of an inadequate amount of waste to mix with the sludge upon arrival at the landfill and to project revenues to cover operational expenses. In an attempt to address both issues, staff proposed a tiered disposal fee structure. Under the tiered tipping fee structure haulers may choose to contract with the City to deliver, or pay for, a minimum volume of waste at the City's landfills. Such a structure will better allow the City to project revenues and tonnage that will in turn allow for the efficient and effective operation of the facilities, as well as planning future cell development. FISCAL IMPACT: Under the tiered tipping fee structure, the City anticipated an increase of $150,000 the first year of implementation and up to $570,000 annually there after. Staff recommended approval of this resolution. Council Member Boren suggested that no action be taken on this item. This item failed for lack of motion. Council Member Gilbreath recused himself. The next item considered was Item 23. (18.) Resolution No. 2003-R authorizing the Mayor to execute a parking lot lease with Option Three Clubs, Inc. for use of a City parking lot (1910 Texas Avenue). This item was deleted. (19.) Resolution No. 2003-RO318 authorizing the Mayor to execute an amendment to an Occupancy License Agreement with the West Texas & Lubbock Railway Company (Brownfield Highway and Milwaukee Avenue) (first of two amendments). This item was considered following Item 16. RESOLUTION NO.2003-RO318 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 to Lease/License Number WTLC 020213. Agreement dated June 10, 2002 between the City of Lubbock and West Texas & Lubbock Railway Company to allow for payment of a one-time license fee for an underground water pipeline. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 148 Regular City Council Meeting August 28, 2003 Page 149 Passed by the City Council this 28th 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 Office Practice Section A copy of the Amendment is filed with Resolution No. 2003-R0318. In June 2002, the City of Lubbock took out an Occupancy License Agreement (#020213) with the West Texas & Lubbock Railway Company (WT&LRC) for a water pipeline crossing. This license cost the City $400 for the first year with a Consumer Price Index (CPI) escalation clause each year thereafter. This pipeline crossing is located on the north side of the Brownfield Highway and crosses under the WT&LRC track right-of-way from Lubbock to Brownfield, just west of where Milwaukee Avenue will be constructed. This installation serves the residential addition north of the Brownfield Highway and other adjacent areas to be developed in the future and is part of the new southwest Lubbock annexation utilities project. This installation is permanent and is designed and constructed to remain there forever. Recently, the WT&LRC contacted the City with a "buyout" offer for this crossing agreement that will allow the City to make a one-time payment to the WT&LRC and no longer have to pay a yearly increasing amount. This license agreement "buyout" payment will be a one-time fee of $4,100. This "buyout" payment amounts to approximately 10 years of yearly payments, but since these installations are permanent, it means a large long-term savings to the City. FISCAL IMPACT: This will be a long-term savings to the City of thousands of dollars with a moderate short-term cost of $4,100. These funds will be taken out of the Water and Sewer Utilities Department account number 9132.9242.30000. The Right -of -Way Department recommended approval of this resolution. (20.) Resolution No. 2003-RO319 authorizing the Mayor to execute an amendment to an Occupancy License Agreement with the West Texas & Lubbock Railway Company (Brownfield Highway and Milwaukee Avenue) (second of two amendments). RESOLUTION NO.2003-RO319 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 to Lease/License Number WTLC 021220. Agreement dated March 24, 2003 between the City of Lubbock and West Texas & Lubbock Railway Company to allow for payment of a one-time license fee for a sewer pipeline. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 149 Regular City Council Meeting August 28, 2003 Page 150 Passed by the City Council this 28th 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 Office Practice Section A copy of the Amendment is filed with Resolution No. 2003-R0319. This is a second "buyout" amendment offered to the City with the WTLRC. In March 2003, the City took out another Occupancy License Agreement (#021220) for a sewer line crossing. The cost of this license for the first year is $520 with the Consumer Price Index (CPI) escalation clause each year thereafter as well. This sewer line crossing is located on the north side of the Brownfield Highway and crosses under the WT&LRC track right-of-way from Lubbock to Brownfield, just west of where Milwaukee Avenue will be constructed. This is a permanent installation to serve the area north of the Brownfield Highway between Milwaukee Avenue and Upland. This "buyout " agreement will allow the City to make a one-time payment of $5,200 to the WT&LRC and no longer have to pay a yearly increasing amount. This "buyout" payment amounts to approximately 10 years of yearly payments, but since this sewer line installation is permanent, it means a long-term savings to the City. FISCAL IMPACT: This will be a long-term savings to the City of thousands of dollars with a moderate short-term cost of $5,200. These funds will be taken out of the Water and Sewer Utilities Department account number 9132.9242.30000. The Right -of -Way Department recommended approval of this resolution. (21.) Resolution No. 2003-RO320 authorizing the Mayor to execute a street -use license with Darryl Holland for the use of a City street for two building encroachments, a concrete ramp and dock, and an aerial canopy (804 81h Street). RESOLUTION NO.2003-RO320 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License in favor of Darryl Holland, for a building encroachment on a portion of Bch Street and an adjacent alley, a concrete ramp, and an aerial canopy. Said License is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 150 Regular City Council Meeting August 28, 2003 Page 151 Passed by the City Council this 28th 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/ Office Practice Section A copy of the License is filed with Resolution No. 2003-R0320. This street —use license is for an existing building encroachment on a 1.3 foot area along the north side of the 800 block of 8th Street just west of Avenue G and a 1.2 foot building and fence encroachment on the east side of the north -south alley north of 8`h Street adjacent to Lots 11-17, Block 57, Original Town Addition. These encroachments were originally covered in a 1994 street -use license but the property has sold and the new owner desires to add additional improvements that will be covered in this new license. This license adds a 5-foot by 51-foot concrete section onto an existing dock area on Avenue G, an 8-foot by 15.5 foot loading ramp, and an aerial canopy over the dock area. This license is for 20 years, payable every five years in advance. The cost of this license is the $50 per year minimum or $250 for the first five-year term. FISCAL IMPACT: Yearly income of $50 to the City. The Right -of -Way Department recommended approval of this resolution. (22.) Resolution No. 2003-RO321 accepting paving improvements constructed by Lone Star Dirt and Paving Construction Co., in Lakeridge Country Club Estates, Lots 991-998 and Tracts A14 and A15. RESOLUTION NO. 2003-RO321 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 991-998 & Tracts A-14 & A-15 Lakeridge Country Club Estates, made arrangements with Lone Star Dirt & Paving Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 91" Street from the existing curb and gutter at the Southeast corner of Lot 686-A, Lakeridge Country Club Estates to end of the cul-de-sac at Lots 997 and 998 Lakeridge Country Club Estates, known and designated as New Subdivision Sub -Unit Number 78 of Unit Number 2042. 151 Regular City Council Meeting August 28, 2003 Page 152 WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council and to direct refund of the cash bond placed by the Developer in the amount of $35,804.20 SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 28th day of August, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street and alley paving and curb and gutter on: 91 St Street from the southeast corner of Lot 686-A Lakeridge Country Club Estates to the end of the cul-de-sac at lots 997 and 998 Lakeridge Country Club Estates. FISCAL IMPACT: There is no City cost due the contractor upon this acceptance. The developer placed a cash bond with the City in the amount of $35,804.20 to provide for the paving improvements required at the time of platting this new subdivision. This resolution will authorize the City Engineer to refund the cash bond to the developer. Staff recommended approval of this resolution. The next item considered was Item 24. (23.) Resolution No. 2003-R0338 amending Resolution No. 2002-R0472, concerning payment of supplemental pay to employees who are called to active military duty, to extend for an additional one-year period to end September 30, 2004. This item was moved from consent agenda to regular agenda and was considered following Item 17. 152 Regular City Council Meeting August 28, 2003 Page 153 RESOLUTION NO.2003-RO338 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, AMENDING RESOLUTION 2002-RO472 SO AS TO EXPIRE ON SEPTEMBER 30 2004, DIRECTING THE CITY MANAGER TO GRANT MILITARY LEAVE AND TO PAY SUPPLEMENTAL PAY IN AN AMOUNT NECESSARY TO ENSURE NO LOSS IN WAGES BETWEEN MILITARY PAY AND EMPLOYEE'S GROSS WAGES LESS CAR ALLOWANCE AND EXPENSE ALLOWANCE TO ALL FULL-TIME EMPLOYEES WHO ARE CALLED TO ACTIVE DUTY TO SERVE OUR COUNTRY AND AUTHORIZING THE USE OF ACCRUED LEAVE BALANCES AFTER ALL MILITARY LEAVE IS USED WHEREAS, the City of Lubbock wishes to express its appreciation of the service and dedication of employees called to serve our country and; WHEREAS, the City of Lubbock deems it appropriate and in the best interest of the City to grant paid military leave in an amount necessary to ensure no loss in wages between military pay and gross wages less car allowance and expense allowance for all full-time employees who are called to active duty in the U.S. Armed Forces or State National Guard and; WHEREAS, the City of Lubbock deems it appropriate to allow the use of accrued paid leave balances including vacation, holiday, and compensatory leave to supplement the difference between military pay and gross wages less car allowance and expense allowance once all military leave is utilized and; WHEREAS, the City of Lubbock deems it appropriate, in the public interest, and in the best interest of the City to grant "Supplemental Pay" to all full-time employees called to active duty in an amount necessary to ensure no loss in wages between military pay and the employee's gross wages less car allowance and expense allowance after the date the full-time employee exhausts all vacation, holiday and compensatory time as hereafter provided and; WHEREAS, the City Council of the City of Lubbock adopted Resolution 2002- R0472 on October 24, 2002 authorizing and directing the city manager to grant military leave and to pay supplemental pay in an amount necessary to ensure no loss in wages between military pay and employee's gross wages less car allowance and expense allowance to all full-time employees who are called to active duty to serve our country and authorizing the use of accrued leave balances after all military leave is used and; WHEREAS, Resolution 2002-RO472 expires on September 30, 2003 and; WHEREAS, the City Council of the City of Lubbock deems it appropriate and in the best interest of the City to amend Resolution 2002-RO472 so as to extend the expiration date to September 30, 2004. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. Resolution 2002-RO472 adopted on October 24, 2002 is hereby amended so as to expire on September 30, 2004 and is further hereby amended to read as follows. SECTION 2. That the City of Lubbock hereby directs the City Manager to grant paid military leave in an amount necessary to ensure no loss in wages between military pay and gross wages less car allowance and expense allowance to all full-time employees who are called to active duty to serve our country. SECTION 3. That the City of Lubbock hereby authorizes the use of accrued leave balances, including vacation, holiday and compensatory time, to supplement military pay once all military leave is utilized. SECTION 4. That the City of Lubbock further hereby directs the City Manager to grant Supplemental Pay without accrual of vacation or sick leave to all full-time employees called to active duty, in an amount necessary to ensure no loss in wages between military pay and the employee's gross wages less car allowance and expense allowance from the date the full-time employee exhausts all vacation, holiday, and compensatory time as provided in Section 3 hereof. Supplemental Pay for full-time employees who are called to active duty to serve our country shall be reviewed, on an 153 Regular City Council Meeting August 28, 2003 Page 154 annual basis, during the City's budget process The Supplemental pay provided for in this Resolution shall expire on September 30, 2004. SECTION 5. Notwithstanding the foregoing, no employee or officer of the City will be paid a sum in excess of $25,000 per annum, in the event they are called to active duty in the United States Armed Forces or the State National Guard. SECTION 6. That the City of Lubbock hereby authorizes this resolution to take effect immediately for and after its passage. Passed by the City Council this 28th day of August, 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 Resolution No. 2002-RO472 passed by the City Council on October 24, 2002, expires September 30, 2003. This resolution authorizes paying a full-time employee who is called to active military duty an amount necessary to ensure no loss in wages between military pay and the employee's gross wages less car allowance and expense allowance and the use of accrued leave balances after all military leave is used. At the time the Resolution was adopted, it was estimated that 32 employees were eligible to be called to active e that military approximately $505,407. Sincime,, 9 employees have been called to active duty. Two of the 9 are not eligible for supplemental pay because their military salary is greater than their City salary. Seven employees were eligible for supplemental pay. Staff has paid about $45,591 to date. Of the seven receiving supplems continuental to be, three have returned duty. Four employee paid under thesupplemental pay policy. The two employees who were not eligible for supplemental pay have been released from active duty. FISCAL IMPACT: $515,517 ($505,407 plus 2% increase) Staff recommended approval of this resolution. Under the Texas Constitution, the Council must determine that amending this Resolution is a public purpose. y Council Motion was made by Council r2003-R0338 as recommended Morrison, secnded bby Member Martin to pass Resolution No staff. Council Member Boren offered a friendly amendment stating as follows: "Section 5 would read notwithstanding the foregoing, no employee or officer of the City will �o ca Vesum in the United Statn excess of es Armed Forces per annum, in the event they are called 154 Regular City Council Meeting August 28, 2003 Page 155 or the State National Guard. Section 5 already stated would be renumbered Section 6." Council Members Morrison and Martin accepted the friendly amendment. Motion carried: 6 Yeas, 1 Nay. Council Member Hernandez voted Nay. The next item considered was Item 26. (24.) Resolution No. 2003-RO322 to award a one-year contract with OccMed Associates to provide drug/alcohol screenings and physicals for employees and applicants with the ability to automatically renew for two additional, one year terms, upon the expiration of its initial term, per RFP # 096-03/DC. This item was considered following Item 22. RESOLUTION NO.2003-RO322 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement to provide employment physicals, and drug and alcohol screening services per RFP #096-03/DC, by and between the City of Lubbock and OCCMED Associates, LP and Dmitry Golovko Md, PA (Providers), 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. Passed by the City Council this 28th day of August, 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 Knight John Knight, Assistant City Attorney A copy of the agreement is filed with Resolution No. 2003-R0322. The City of Lubbock requires pre -placement drug screens on all positions. In addition, drug screens are also required for promotions and Department of Transportation random and reasonable cause testing. The use, and abuse, of drugs is a significant problem currently faced by employers. Employees who use drugs are more likely to be absent, injure themselves or a co-worker, be involved in an accident off the job, file a Worker's Compensation claim and become less productive. The City of Lubbock requires drug/alcohol testing for approximately 600 applicants/employees each year; 150 to 200 are required by the Department of Transportation. Proposals were received from the following vendors: Lubbock Occupational Health Lubbock TX 2. OCC Med Associates Lubbock, TX 155 Regular City Council Meeting August 28, 2003 Page 156 3. Physicians Network Services Lubbock, TX Selection Committee Process Five employees comprised the Committee that evaluated the drug/alcohol and physical components of this proposal. They included: Anthony Jones, Staffing Coordinator; Rhea Cooper, Assistant Fire Chief, Kevin McClaran, Microbiologist II from the City's Health Department; Leisa Hutcheson, Risk Management Coordinator; and Harlan Stauffer, Director of Facilities Maintenance. Each member of the Committee was required to read each drug/alcohol proposal and rate the agency based on the following criteria: 1. Qualifications and expertise of firm. 15% 2. Experience of staff assigned to project. 15% 3. Initial screening and confirmation process. 13.33% 4. Collection and handling process. 13.33% 5. Processed by NIDA Certified Lab. 13.33% 6. Firms ability to provide expert witness testimony. 10% 7. References. 10% 8. Cost. 10% After the initial rating process, it was determined that site visits were necessary to further evaluate the three vendors. Each Committee member was required to rate the vendors, during the site visits, on the following criteria: 1. Americans with Disability Act (ADA) Compliance. 20% 2. Demonstrated Intake Procedures. 20% 3. Demonstrated Collection, Storage, Shipping 20% and Receiving. 4. Demonstrated Reporting Procedures for Positive 20% and Negative Results. 5. Proposal Bid Justifies all Cost. 20% Following the site visits, OccMed Associates received the highest overall rating of 40.8. It is the position of the evaluation Committee that OccMed Associates can provide quality service at a lower overall cost to the City. The following are the total cumulative ratings for all three competing vendors: Lubbock Occupational Health (33.2) OccMed Associates (40.8) Physicians Network Services (32.4) Physical Component The City has two job categories; Non -Civil Service and Civil Service (Firefighters and Police Officers) that require pre -placement or promotional physical examinations. The purpose of the examination is to ensure that an employee's physical abilities are matched to a job that he/she is capable of performing safely without undue risk of injury to the employee or co-workers. The task of matching a person's capabilities to the appropriate job or job modifications can be a complicated task, which requires special knowledge of the work place environment. Approximately 200-250 Non - Civil Service and 100-150 Civil Service applicants/employees would require physicals each year. Proposals were received from the following vendors: 156 Regular City Council Meeting August 28, 2003 Page 157 1. Lubbock Occupational Health Lubbock, TX 2. OccMed Associates Lubbock, TX 3. Physicians Network Services Lubbock, TX Selection Committee Process The evaluation Committee mentioned above was required to read each physical proposal and rate the agency based on the following criteria: 1. Qualifications and expertise of firm. 15% 2. Experience of staff assigned to project. 15% 3. Intake and examination procedures. 20% 4. Amount of time spent on work related physicals. 20% 5. Firms ability to provide expert witness testimony. 10% 6. References. 10% 7. Cost. 10% After the initial rating process, it was determined that site visits were necessary to further evaluate all the three vendors. Each Committee member was required to rate the vendors, during the site visits, on the following criteria: 1. Americans with Disability Act (ADA) Compliance. 20% 2. Demonstrated Intake Procedures. 20% 3. Demonstrated Occupational Health 20% Examination Procedures. 4. Demonstrated Reporting and Follow-up Procedures. 20% 5. Proposal RFP justifies all Cost. 20% Following the site visits, OccMed Associates received the highest overall cumulative rating of 36.8. It is the position of the evaluation Committee that OccMed Associates can provide quality service at a lower overall cost to the City. Lubbock Occupational Health (35.6) OCC Med Associates (36.8) Physicians Network Services (27.7) FISCAL IMPACT: $43,156 (per one-year term) $129,468 (total of three one-year terms) It is important to note that the above costs will be divided between the applicable user departments in the organization. The evaluation Committee recommended OccMed Associates be awarded a one-year contract with OccMed Associates to provide drug/alcohol screenings and physicals for employees and applicants with the ability to automatically renew for two additional, one-year terms, upon the expiration of its initial term. Summary Notes • OccMed Associates received the highest "overall" cumulative rating on the drug/alcohol and physical components of the RFP. • OccMed Associates is the only vendor with a Board Certified Occupation Medicine Physician (RFP component for physicals) as well as a Board Certified Medical Review Officer (MRO) on staff (RFP component for drug/alcohol screens). 157 Regular City Council Meeting August 28, 2003 Page 158 • Lubbock Occupational Health has a Board "eligible" Occupation Medicine Physician on site (RFP component for physicals). However, they stated they would have to sub -contract with several Board Certified Medical Review Officers around the state because they do not have one on staff. This is not an optimum situation, as it does not provide a "face to face" meeting between the MRO and the patient who has tested positive for drugs and/or alcohol. Physicians Network Services has a physician on staff that is currently completing the requirements to become "eligible" to sit for his board certification test (RFP component for physicals). Physicians Network Services does have a Board Certified Medical Review Officer on staff (RFP component for drug/alcohol screens). Furthermore, it is the opinion of the evaluation Committee that Physicians Network Services is geared more toward family medicine as opposed to occupational medicine. (25.) Resolution No. 2003-RO323 authorizing the Mayor to execute a Local Law Enforcement Block Grant application from the Department of Justice and to authorize the expenditure of one -ninth matching funds upon the awarding of this grant. RESOLUTION NO.2003-RO323 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 an Agreement with the United States Department of Justice, and any associated documents, for a grant in the amount of $205,159 to fund new technology for the Lubbock Police Department Public Safety Computer System, and that the Council hereby agrees, in accordance with the requirements of such grant application, to a cash match of $22,795, which is one -ninth of such grant amount. Passed by the City Council this 28th day of August, 2004. /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/ Harold Willard Harold Willard, Asst. City Attorney The Omnibus Fiscal Year 1999 Appropriations Act authorizes the Bureau of Justice Assistance Director to make funds available to local units of government under the Local Law Enforcement Block Grant program for the purposes of reducing crime and improving public safety. The Police Department requests that the City Council authorize the Mayor to execute this grant application with the Department of Justice. The Police Department requests this grant to purchase new technologies to enhance the department's Public Safety Computer System. FISCAL IMPACT: The Local Law Enforcement Block Grant requires one -ninth matching funds from the City, to be obligated and expended during the Federal project period. This Local Law Enforcement Block Grant is in the amount 158 Regular City Council Meeting August 28, 2003 Page 159 of $205,159. The City's match will be $22,759. The grant match funding is available in the 2002-2003 Police Budget. The funds are to enhance technology within the Police Department and to authorize the expenditure of one -ninth matching funds upon the awarding of this grant. The Police Department strongly recommended approval of this resolution. The next item considered was Item 28. (26.) Resolution No. 2003-RO339 authorizing the Mayor to execute Contract Change No. 6 for a 3-month extension of an existing contract with the Texas Department of Health (TDH Document No. 7560005906 2003) for Immunization Services, and any associated documents. This item was moved from consent agenda to regular agenda and was considered following Item 23. RESOLUTION NO.2003-RO339 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 Change No. 6 for a 3 month extension of an existing contract with the Texas Department of Health (TDH Document No. 7560005906 2003) for Immunization Services and any associated documents by and between the City of Lubbock and the Texas Department of Health, a copy of which Contract Change No. 6 and associated documents are 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 28th day of August, 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, Attorney of Counsel A copy of the Contract Change No. 6 is filed with Resolution No. 2003-R0339. Contract Change Notice No. 6 to TDH Document No. 7560005906 2003 extends our current contract that began 09/01 /02 by three additional months and will now end on 12/31 /03. The extension will give the Texas Department of Health additional time to get new contracts issued due to budgetary issues created by the recent legislative session. The current contract is increased from the current approved budget of $107,153 to the new revised budget of $142,870, an increase of $35,717 for the additional 3 months. This attachment provides salaries and fringe benefits for a Registered Nurse, a Licensed Vocational Nurse, and a Secretary to run the program. The City of Lubbock provides an immunization clinic with the fewest 159 Regular City Council Meeting August 28, 2003 Page 160 barriers to service. Activities include providing immunizations at the Health Department clinic, outreach activities for infants, children and high -risk adults in their homes, correctional facilities, at day care centers, the South Plains Mall, health fairs and senior citizen centers, and investigation and initiation of control measures for vaccine -preventable diseases. FISCAL IMPACT: It is uncertain at this point what the complete impact will be until the new contracts are written in December 2003. There is the possibility that with this three -months extension, our contributions to grants in the general fund could possibly be reduced by the amount being given to us with this extension. This program fulfills the Core Missions of Public Health —those of Surveillance and Disease Prevention. Without the funding from the Texas Department of Health contract, our local public health efforts would be greatly impaired and the risk of illness in Lubbock citizens would increase. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2003-RO339 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 27. (27.) Resolution No. 2003-RO340 authorizing the Mayor to execute Contract Change No. 1 to a contract with the Texas Department of Health (TDH Document No. 7560005906 2004) for HIV Surveillance Services, and any associated documents. This item was moved from consent agenda to regular agenda and was considered following Item 26. RESOLUTION NO. 2003-RO340 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 Change No. 01 to a Contract with the Texas Department of Health (TDH Document No. 7560005906 2004) for Surveillance Services and any associated documents by and between the City of Lubbock and the Texas Department of Health, a copy of which Contract Change No. 01 and associated documents are 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. 160 Regular City Council Meeting August 28, 2003 Page 161 Passed by the City Council this 28th day of August, 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, Attorney of Counsel A copy of the Contract Change No. 01 is filed with Resolution No. 2003-R0340. Contract Change Notice No. 1 to TDH Document No. 7560005906 2004, Attachment No. 2, in the amount of $50,251 supports salary, fringe benefits, travel and supplies for the HIV/AIDS Surveillance Specialist. In addition, $3,184 of indirect (administrative) costs are included in this attachment. There is no change from last year. This person does not operate a clinic; rather as a Surveillance Specialist, he is dedicated to investigating cases of HIV and AIDS infection in Lubbock. HIV/AIDS surveillance data have been collected since 1983 and thus cumulatively, as of August 1, 2003, 852 individuals have been diagnosed as HIV positive, 510 have AIDS and 213 individuals have died of AIDS -related complications, in the Lubbock area. One of the primary missions of public health is to monitor the health status of the community by identifying and investigating health problems and health hazards. On- going surveillance is essential in determining the nature and extent of HIV and AIDS infection in Lubbock. Accurate numbers may increase the availability of additional funding from outside sources, in order to provide services to those infected. FISCAL IMPACT: The Contributions to Grants in the General Fund is projected at $3,968.86 This program fulfills the Core Missions of Public Health —those of Surveillance and Disease Prevention. Without the funding from the Texas Department of Health contract, our local public health efforts would be greatly impaired and the risk of illness in Lubbock citizens would increase. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2003-R0340 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 35. (28.) Resolution No. 2003-R0324 authorizing the Mayor to execute a lease agreement with the Texas Forest Service, to provide office space in the Fire Department Administration building. This item was considered following Item 25. 161 Regular City Council Meeting August 28, 2003 Page 162 RESOLUTION NO.2003-RO324 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 for Lease of Space by and between the City of Lubbock and Texas Forest Service, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th 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/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0324. The Texas Forest Service has a regional Fire Service Coordinator assigned to this area of the state. This action would renew the lease for office space, for this individual, in the Fire Administration building. This provides several benefits to the Fire Department such as additional training opportunities and to provide an on -site liaison with the Texas Forest Service, for resource coordination, in the event of a major incident. FISCAL IMPACT: The lease of this office (120 square feet) provides an annual income of $1800 to the City of Lubbock. Staff recommended approval of this resolution. (29.) Consider authorizing an exemption to the City Ordinance Chapter 5, Article 1, Section 5-1, to allow an aerobatic demonstration at the General Aviation Fly -In Breakfast on September 13, 2003. Approval by City Council is required for aerobatic activities over the City. This is done on a case -by -case basis under City Ordinance Chapter 5, Article 1, Section 5-11. The General Aviation Fly -In Breakfast is scheduled for September 13, 2003 and an aerobatic demonstration is planned for that morning. FISCAL IMPACT: None. The Airport Board and staff recommended approval of this resolution. (30.) Resolution No. 2003-RO325 authorizing the Mayor to execute an assignment of the lease agreement with ABX Air, Inc. to Airborne Express, Inc. 162 Regular City Council Meeting August 28, 2003 Page 163 RESOLUTION NO. 2003-RO325 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 consent to the Assignment of the Lease Agreement with ABX Air, Inc. to Airborne Express, Inc. at Lubbock International Airport. Said Consent 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 28th day of August, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ John McGinley Interim Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Consent is filed with Resolution No. 2003-R0325. Airborne, Inc., parent company of ABX Air, has merged with DHL Worldwide Express. Due to the merger, ABX Air will become an independent company that will no longer be affiliated with Airborne. ABX Air wishes to assign the ramp lease to Airborne Express, Inc. FISCAL IMPACT: None. The Airport Board and staff recommended approval of this resolution. (31.) Resolution No. 2003-RO326 authorizing the Mayor to execute a grant agreement between the Federal Aviation Administration and the City of Lubbock. RESOLUTION NO.2003-RO326 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 Grant Agreement for Federal Assistance, in substantially the form of the attached Agreement, by and between the City of Lubbock and the Federal Aviation Administration for funding the Airport Master Plan and a specified Security Project on Lubbock International Airport, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 163 Regular City Council Meeting August 28, 2003 Page 164 Passed by the City Council this 28th day of August, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ John McGinley John McGinley, Interim Director of Aviation 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-R0326. Lubbock International Airport is eligible to receive annual entitlement funds from the Federal Aviation Administration (FAA) under the Airport Improvements Program (AIP). Funds under this program are restricted to safety, capacity and security improvements at the nation's airports. This year, Lubbock International's entitlement will be $3,476,590. This agenda item involves the acceptance of $1,387,371 for a new airport master plan and several security projects to include the purchase of two guard shelters and communication equipment, modifications to revolving doors, construction of a law enforcement center, freight road gate improvements, and vehicle gate improvements. The total cost of these projects is estimated to be $1,541,523. The total amount of AIP commitment on these projects will be $1,387,371. The remaining $154,152 will be funded through the FAA's Passenger Facility Charge (PFC) program. The City Council has already approved capital budgets for these projects. The remaining $2,089,219 included in this year's entitlement will be carried over to the FY 2004 grant application and is currently reserved for the Blast Wall Parking Facility Project. FISCAL IMPACT: The acceptance of the federal grants will not affect the airport's operating budget. However, the funds will allow LIA to complete capital projects ensuring safety, capacity, and security. The Airport Board and staff recommended approval of this resolution. (32.) Resolution No. 2003-RO327 authorizing the Mayor to execute a lease agreement between the City of Lubbock and the General Services Administration (GSA) for the Transportation Security Administration (first of two agreements). RESOLUTION NO.2003-RO327 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, by and between the City of Lubbock and the United States of America, for office space at Lubbock International Airport, and all 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. 164 Regular City Council Meeting August 28, 2003 Page 165 Passed by the City Council this 28th day of August, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ John McGinley John McGinley Interim Director of Aviation APPROVED AS TO FORM: /s/ Amy Sims Amy Sims Assistant City Attorney A copy of the lease is filed with Resolution No. 2003-R0327. Over the past 12 months the Transportation Security Administration (TSA) has put staff in place to conduct passenger and baggage screening operations in the terminal. TSA wishes to lease 561 square feet in the terminal for an employee break room. The lease has an initial term of two years, with total rental fees in the amount of $7,564 a year. FISCAL IMPACT: Increase annual revenues by $7,564. The Airport Board and staff recommended approval of this resolution. (33.) Resolution No. 2003-RO328 authorizing the Mayor to execute a lease agreement between the City of Lubbock and the General Services Administration (GSA) for the Transportation Security Administration. RESOLUTION NO.2003-RO328 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, by and between the City of Lubbock and the United States of America, for office space at Lubbock International Airport, and all 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. 165 Regular City Council Meeting August 28, 2003 Page 166 Passed by the City Council this 28th day of August, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ John McGinley John McGinley Interim Director of Aviation APPROVED AS TO FORM: /s/ Amy Sims Amy Sims Assistant City Attorney A copy of the lease is filed with Resolution No. 2003-R0328. Over the past 12 months, the Transportation Security Administration (TSA) has established an administrative office at LIA and hired staff to oversee TSA operations in Lubbock, Amarillo and Midland. TSA wishes to lease the 4,610 square feet of office space in the former Airways Facilities Building. The lease has an initial term of two years, with total rental fees in the amount of $32,270 a year. FISCAL IMPACT: Increase annual revenues by $32,270. The Airport Board and staff recommended approval of this resolution. The next item considered was Item 37. (34.) Resolution No. 2003-R authorizing the Mayor to execute a contract extension between the City of Lubbock and Barbara T. McCall & Associates for consulting services with regard to federal legislation and agencies. This item was deleted. (35.) Resolution No. 2003-RO341 authorizing the Mayor to execute a contract with Unique Management Services Inc. for the purpose of recovering fines and long overdue materials for the Lubbock Public Library. This item was moved from consent agenda to regular agenda and was considered following Item 27. RESOLUTION NO. 2003-RO341 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 collection agency services for Lubbock Public Library, by and between the City of Lubbock and Unique Management Services, Inc. of Jefferson, Indiana 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. THAT this item shall be reviewed at revised budget in 2004. 166 Regular City Council Meeting August 28, 2003 Page 167 Passed by the City Council this 28th day of August, 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 Chamales Linda Chamales, Supervising Attorney Office Practice Section A copy of the Contract is filed with Resolution No. 2003-R0341. In October 2001, the Library began conducting a six-month long internal study to track losses stemming from the circulation process. These losses from "delinquent" materials checked out by library patrons represent a loss of both library materials purchased at public expense, as well as the uncollected "overdue" fines. Our study concluded that the loss rate is an average 14 items per day. The Library will spend approximately $164,000 per year to replace these lost materials, which is a large percentage of the budget for new materials. The Library entered into a trial period with Unique Management Services Inc. to recover fines and long overdue materials. FISCAL IMPACT: During the trial period, Unique Management Services Inc. recovered $13,199.27 in fines and $23,762.61 in long overdue materials (as of July 31, 2003). Unique Management Services Inc. charges the Library $8.95 for each patron account that it attempts to collect. The Library adds a $10.00 fee to every patron's account that is turned over to Unique Management, which covers the cost of collection. Unique Management Services Inc. has a budget neutral guarantee that states that the Library will recover at least enough money to pay for the cost of the service in addition to the materials recovered. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Hernandez to pass Resolution No. 2003-RO341 as recommended by staff. After discussion, Council Member Morrison amended his motion as follows: "To come back and review this item at revised budget". Council Member Hernandez accepted the amendment. Motion carried: 6 Yeas, 1 Nay. Council Member Martin voted Nay. The next item considered was Item 36. (36.) Consider a request by Benny Judah (Excel Land Development) for special handling of solid waste collection on Lots 1-68, and Tracts A thru D, The Falls at Suncrest Addition. 167 Regular City Council Meeting August 28, 2003 Page 168 This item was moved from consent agenda to regular agenda and was considered following Item 35. The Falls at Suncrest Addition, located at 109th and Indiana, has been designed without alleys to allow for placement of dumpsters for the regular collection of garbage. In order to provide garbage collection to this addition, staff proposes to collect garbage from the curb using rollout carts. Under normal circumstances the City does not authorize curbside garbage collection using rollout carts. However, the City was notified in October 2002 that metal containers may no longer be placed in State's right of way. Because the City has several customers whose garbage containers are located in state right-of-way, the most cost effective way to address this issue was to switch their service to rollout carts and when replacing the collection trucks on those routes, have an attachment added that would allow collection of both dumpsters and rollout carts. The trucks have been ordered but have not been delivered. In order to accommodate the request made by Mr. Judah, staff has determined that the cost of the rollout carts is comparable to the cost of dumpsters, and that the trucks used to collect the rollout carts on State right-of-way will be used to collect garbage at the Falls at Suncrest Addition. FISCAL IMPACT: Because the trucks have already been ordered and are capable of collecting from both rollout carts and dumpsters, and the cost of the carts are comparable to the cost of dumpsters, the remaining impact will be the decrease in operational efficiency due to the increased time to collect garbage, due to maneuvering in the area and picking up four carts versus one dumpster. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Patterson to approve Item 36 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Gilbreath recused himself. The next item considered was Item 40. (37.) Resolution No. 2003-RO329 for Schedule to Master Agreement for Tax -Exempt Equipment Lease Financing. This item was considered following Item 33. RESOLUTION NO.2003-RO329 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 to the agreement adding a schedule to the master agreement for tax-exempt equipment lease financing approved by the City Council on February 13, 2003, Resolution #2003-R0064, by and between the City of Lubbock and SunTrust Leasing Corporation of Towson, Maryland and related documents. Said amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. fG: Regular City Council Meeting August 28, 2003 Page 169 Passed by the City Council this 28th day of August, 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 amendment is filed with Resolution No. 2003-R0329. On February 13, 2003, the City Council approved a master agreement for tax-exempt municipal lease/purchase financing with SunTrust Leasing Corporation of Towson, Maryland (Resolution #2003-R0064). At that time, the City financed 35 police cars, related police car equipment, and related police car striping for a three-year term and financed two 125 HP motor graders, one 375 HP tractor, four 125 HP tractors, one 102 HP tractor, one self-propelled swather, one pull type scraper, two round balers, and one center pivot system on a five-year term. This resolution adds a schedule for the lease/purchase of a 25-ton off road articulated dump truck for the Solid Waste Department. FISCAL IMPACT: The amount financed is $217,900 over five years at 2.2817% with total interest payments of $9,941.10. The annual payment in advance amount is $45,568.22 for five years. A total of $50,000 was appropriated and $50,000 is available in project number 5515.8704 (Rent Lease Machine Equipment) for this purpose. Execute agreement -adding schedule to master agreement, or such alternative action, as the City Council may deem appropriate. (38•) Resolution No. 2003-RO330 authorizing the Mayor to execute Change Order No. 6 for the Annexation Sanitary Sewer project. This change order reduces the contract price by $93,334.40. RESOLUTION NO.2003-RO330 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 Change Order No. 6 to a contract (ITB #048-01/VK) with Utility Contractors of America, and any associated documents, for deletion of Option 0.2 for a reduction of $93,334.40 in the contract price, a copy of which Change Order No. 6 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. 169 Regular City Council Meeting August 28, 2003 Page 170 Passed by the City Council this 28th day of August, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer -Public Works APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Change Order No. 6 is filed with Resolution No. 2003-R0330. Major components of this change order are the elimination of Option 0.2 for $235,056, additional payment to the Contractor of $88,350 for rock encountered during construction, payment to the Contractor of $35,016.80 for materials on hand, and payment to the Contractor of $18,354.80 for other miscellaneous items of additional work. Option 0.2 is approximately 3200 feet of 21-inch pipe from Milwaukee to Quincy. It was intended to serve the two square miles from 82"a street to 98`h street between Milwaukee and Alcove. However, due to changes in the development of this area, this line is not necessary at this time. FISCAL IMPACT: The original bid for this project was $4,136,593.35. Previous change orders have added $227,956.41 to the contract price. The budget for this project is $5,300,000. Staff recommended approval of this resolution. (39.) Resolution No. 2003-110331; Resolution No. 2003-110332; BID #078-03BM—for Water and Sanitary Sewer Installation Services — Annual Pricing (Public Works). RESOLUTION NO.2003-RO331 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 water and sanitary sewer installation services — annual pricing, ITB #078-03/BM, by and between the City of Lubbock and Rink's Lease Service, Inc. of Levelland, 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. 170 Regular City Council Meeting August 28, 2003 Page 171 Passed by the City Council this 28th day of August, 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-R0331. RESOLUTION NO.2003-RO332 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 water and sanitary sewer installation services — annual pricing, ITB #078-03BM, by and between the City of Lubbock and H. D. Weaver Ditching Service, 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 28th day of August, 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-R0332. This bid establishes annual pricing for installation of various water and sanitary sewer system components necessary to complete construction projects and tap installations in a timely manner. Major contract items include installation of sewer and water taps, installation of water lines and valves, installation of fire hydrants, installation of sanitary sewer lines and manholes, boring and casing installation, and rental of various pieces of construction equipment and operators. Construction materials are to be 171 Regular City Council Meeting August 28, 2003 Page 172 provided by the City of Lubbock but installed by the successful bidders. The Public Works Department will use the services of the contractors as necessary for timely completion of projects. In order to ensure and maintain adequate services throughout the City, the Public Works Department will utilize the services of a primary contractor and a secondary contractor for the equitable and prudent accomplishment of all services under this specific contract. The low bidder will retain the first right of refusal on any and all projects, and will exercise that right to the owner and its agent, in writing, stating specifically the nature of imposing that right, as in the best interests of the City and the accomplishment of jobs in a timely manner to uphold the integrity of the City. The City will offer any and all projects under this contract to the successful low bidder as the first option. Ninety-four local businesses were notified of the Invitation to Bid. FISCAL IMPACT: This project is 100% Reimbursement from Pro-Rata, account number 221.231. Award bid to H.D. Weaver Ditching Service, Inc. of Lubbock, Texas (as Primary) for $720,530 and Rink's Lease Service, Inc. of Levelland, Texas (as Secondary) for $1,185,428, or such alternative action as the City Council may deem appropriate. The next item considered was Item 41. (40.) Resolution No. 2003-110342; Resolution No. 2003-110343; Resolution No. 2003-110344; Resolution No. 2003-110345/13I1) #095-03/VK —for Repair and Servicing of Police Department Fleet Vehicles (Fleet Services). This item was moved from consent agenda to regular agenda and was considered following Item 36. RESOLUTION NO. 2003-RO342 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 repair and servicing of police department fleet vehicles, by and between the City of Lubbock and Scott's Complete Car Care 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 28th day of August, 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 172 Regular City Council Meeting August 28, 2003 Page 173 A copy of the Contract is filed with Resolution No. 2003-R0342. RESOLUTION NO.2003-RO343 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 repair and servicing of police department fleet vehicles, by and between the City of Lubbock and York Tire Company, 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 28th day of August, 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 Contract is filed with Resolution No. 2003-R0343. RESOLUTION NO.2003-RO344 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 repair and servicing of police department fleet vehicles, by and between the City of Lubbock and Gene Messer Ford 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. 173 Regular City Council Meeting August 28, 2003 Page 174 Passed by the City Council this 28th day of August, 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 Contract is filed with Resolution No. 2003-R0344. This bid is for the repair and servicing of Police Department fleet vehicles involving a one-year pilot program to have Police Department vehicles serviced by outside vendors. Actual comparisons between the cost of preventative and repair maintenance performed by the City's Fleet Services Department and outside repair shops will be documented. In order to ensure adequate coverage for remote locations throughout the City and for all makes and models of Police Department vehicles, staff recommended contract award to multiple repair shops to provide the desired services. After 146 local community repair shops were notified of the Invitation to Bid, a comprehensive bid package was sent to those interested vendors. Since the goal is to secure full service repair shops, the bid package allowed repair shop owners to itemize costs and capabilities for repairs performed on police fleet vehicles. In addition to total services provided, labor costs, and repair and replacement parts pricing and discounts, the bid evaluation included: • past experience with the business, • number and location of facilities, • time required to perform itemized repairs, • the quality of work performed, and • the warranty on work performed. After a best value evaluation of the twelve bidders who returned the completed Invitation to Bid package, four repair shops were found to meet all listed maintenance service requirements at a competitive parts and labor cost, while the remaining eight could not. The pilot program will begin October 1, 2003, and is part of management's on -going evaluation of the effectiveness and cost of in- house maintenance and the possibility of reducing the cost and increasing the customers' satisfaction by utilizing outside contractors. Should the pilot program be successful and realize a significant savings, it would then be staff s recommendation to extend the program and phase in other City departments with one-half to one ton light vehicles. If the one-year pilot program proves to be successful, the contract may be renewed annually for up to four additional one-year terms. In the event the pilot program does not work, or it places the City in jeopardy, there is a provision for either Party to terminate the contract by providing a 30-day written notice. 174 Regular City Council Meeting August 28, 2003 Page 175 FISCAL IMPACT: A total of $500,000 was appropriated and $500,000 in FY 03-04 is available in project number 5711/5713/5731/5735.8202 (EQ-Maintenance Motor Vehicles) for this purpose. Award bids to Gene Messer Ford, Pollard Friendly Ford, Scott's Complete Car Care, and York Tire Company, Inc. of Lubbock, Texas, or such alternative action as the City Council may deem appropriate. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2003-R0342, Resolution No. 2003-R0343, Resolution No. 2003-R0344 and Resolution No. 2003- R0345 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 44. (41.) Resolution No. 2003-R0333/ BID #109-03/RS—for Lubbock Memorial Civic Center, Auditorium, and Coliseum Parking Lot Lighting (Civic Center). This item was considered following Item 39. RESOLUTION NO.2003-RO333 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to reject all bids for Lubbock Memorial civic Center, Auditorium & Coliseum Parking Lot Lighting, per ITB #109-03/RS. Passed by the City Council this 28th day of August, 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 This bid is for the replacement of all parking lot lighting fixtures at the Civic Center and at the Auditorium/Coliseum. The project utilizes existing poles, but would require an adaptor bracket to facilitate the new fixtures. The existing light fixtures are over 24 years old and have lost some efficiency over the last few years. New fixtures are intended to provide improved lighting conditions during night events when patrons are returning to their vehicles, and to improve lighting conditions in the parking areas located close to Mahon Library. Improved lighting conditions should provide a much greater sense of safety for patrons by providing brightly illuminated parking areas. Sixty-eight local businesses were notified of this Invitation to Bid. Time for completion of this project is 60 calendar days and liquidated damages is $300 per day. 175 Regular City Council Meeting August 28, 2003 Page 176 FISCAL IMPACT: A total of $55,000 was appropriated and $50,000 is available in project number 90249.9212.30000 (Building Capital Outlay — Buildings Other) for this purpose. Reject all bids as the City Council may deem appropriate. The low bid is $70,688 from Amco Electric Company of Lubbock, Texas, and exceeds the budgeted amount. (42.) Resolution No. 2003-110334/13I1) #110-03/RS —for Heating, Ventilating and Air Conditioning Maintenance Contract for Lubbock Memorial Civic Center and Auditorium/Coliseum — 3 Year Pricing (Civic Center). RESOLUTION NO.2003-RO334 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 heating, ventilating and air conditioning maintenance contract for Lubbock Memorial Civic Center and Auditorium/Coliseum — 3 year pricing, BID #110-03/RS, by and between the City of Lubbock and Honeywell International, 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 28th day of August, 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 28th 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 Honeywell International, 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 #110-03/RS - HEATING, VENTILATING & AIR CONDITIONING MAINTENANCE CONTRACT FOR LUBBOCK MEMORIAL CIVIC CENTER & AUDITORIUM/COLISEUM - 3 YEAR PRICING - $252,180.00 176 Regular City Council Meeting August 28, 2003 Page 177 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/ Freddy Chavez Owner's Representative APPROVED AS TO FORM: /s/ John M. Knight City Attorney ATTEST: Corporate Secretary /s/ Jennifer Crawford CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: Honeywell International, Inc. /s/ Ed Nichols PRINTED NAME: Ed Nichols TITLE: Regional Sales Leader COMPLETE ADDRESS: Honeywell International, Inc. 1622 6th Street Lubbock, TX 79401 This bid is for a maintenance contract for all heating, ventilation, and air conditioning (HVAC) equipment at the Civic Center and Auditorium/Coliseum. The service will include preventative maintenance on all equipment and associated devices related to the HVAC system and repair or replacement of all faulty or inoperative equipment, and associated devices relating to the HVAC system. The City of Lubbock has a large monetary investment in the equipment utilized to provide the necessary comfort level of patrons and guests at both the Civic Center and Auditorium/Coliseum. In order to protect this investment, qualified and trained personnel in the area of HVAC equipment is required. Current staff does not have that level of expertise and is not knowledgeable in the various principals required to provide the recommended maintenance of this equipment. Service companies are better equipped to perform all necessary tasks recommended by the equipment manufacturers and also cover the cost of replacing equipment that becomes faulty or inoperative. Costs to cover this project come directly from the annual operating budget. Sixty-six local businesses were notified of the Invitation to Bid. FISCAL IMPACT: A total of $99,000 was appropriated and $99,000 is available in project number 5241.8228 and 5243.8228 (Building Maintenance - HVAC) for this purpose. 177 Regular City Council Meeting August 28, 2003 Page 178 Award 3-year contract to Honeywell International, Inc. of Lubbock, Texas, for $252,180 ($84,060 annually as the City Council may deem appropriate. (43.) Resolution No. 2003-R0335/BID #128-03/BM —for Litter Collection at Sam Wahl Recreational Area — Annual Pricing (Parks and Recreation). RESOLUTION NO.2003-RO335 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 litter collection at the Sam Wahl Recreational Area at Lake Alan Henry, between the City of Lubbock and West Texas Greenscapes, and any associated documents, a copy of which Contract 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 28th day of August, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell, Community Services Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Contract is filed with Resolution No. 2003-R0335. This bid is for litter collection services at the Sam Wahl Recreation Area. The contractor will provide all labor, equipment, supplies, and transportation for this service. Without this service, litter and debris would accumulate in the recreation area affecting the public health and safety. Twenty-three local businesses were notified of the Invitation to Bid. FISCAL IMPACT: A total of $33,734 was appropriated and $19,320 for the balance of FY 02-03 is available in project number 5220.8605 (LAH Recreation Utilities - Sanitation) for this purpose. The revenue generated at the recreational area provides funding for this service. Award bid to West Texas Greenscapes of Spade, Texas, for $47,774 (annually) as the City Council may deem' appropriate. The next item considered was Item 45. (44.) Resolution No. 2003-R0346/BID #119-03/BM —for Carpet and Brick Floor Cleaning Services at (Lubbock International Airport) — Annual Pricing (Aviation). This item was moved from consent agenda to regular agenda and was considered following Item 40. 178 Regular City Council Meeting August 28, 2003 Page 179 RESOLUTION NO.2003-RO346 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 carpet and brick floor cleaning services at Lubbock International Airport — annual pricing, by and between the City of Lubbock and Coverall of Lubbock 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. This contract is contingent upon Coverall of Lubbock either relocating their place of business (the business is now operated out of the home) or obtaining permission from the Zoning Board of Adjustment giving them sixty days to cure that issue. Passed by the City Council this 28th day of August, 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 Contract is filed with Resolution No. 2003-R0346. This bid establishes annual pricing for carpet and brick floor maintenance that includes the weekly cleaning of the carpet and the weekly cleaning and annual stripping of the brick floors at the Lubbock International Airport (LIA) terminal building. The Department of Aviation has utilized a contractor for these services since 1999. The contracting of this work allows for a more concentrated effort on the cleaning of the carpet and the brick floors, which has improved the appearance of the terminal building. Seven bids were received and reviewed for this project. The low bidder meeting specifications is Coverall of Lubbock, Texas, for $55,316 per year. Bidder was advised, and has agreed, that contract quantities would be reduced to not exceed the budgeted amount of $49,000. Bidder was also advised that, if the budget is amended in the future, the contract quantities could be increased to the bid amount of $55,316 per year. Thirty Lubbock businesses were notified of the Invitation to Bid. FISCAL IMPACT: A total of $96,345 was appropriated and a balance of $6,000 (for Fiscal Year 2002-2003) is available in project number 4615.8302 (Professional Services) for this purpose. Award bid to Coverall of Lubbock, of Lubbock, Texas, for $55,316 annually as the City Council may deem appropriate. Motion was made by Council Member Boren. Council Member Hernandez requested additional information prior to a second. 179 Regular City Council Meeting August 28, 2003 Page 180 Victor Kilman, Purchasing Agent, gave comments. He stated he would like to recommend that City Council award the contract to the low bidder, contingent upon the low bidder either relocating their place of business (the business is now operated out of the home) or obtaining permission from the Zoning Board of Adjustment giving them sixty days to cure that issue. If they do not cure that issue within sixty days, the bid would be awarded to the second low bidder. At this time, Council Member Boren withdrew his motion and restated the motion as follows: "Go with recommendation of allowing Coverall sixty days to relocate or obtain ZBA approval and if this is not obtained, the second lowest bidder be awarded the bid", seconded by Council Member Patterson to pass Resolution No. 2003-RO346 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 47. (45.) Resolution No. 2003-R0336BID #126-03BM —for Effluent Pipeline Actuator Installation (Public Works). This item was considered following Item 43. RESOLUTION NO.2003-RO336 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 effluent pipeline actuator installation, Bid #126-03BM, by and between the City of Lubbock and Brown -McKee, 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 28th day of August, 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 28th 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 Brown -McKee, 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 180 Regular City Council Meeting August 28, 2003 Page 181 hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #126-03/13M - EFFLUENT PIPELINE ACTUATOR INSTALLATION - $28,371.00 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/ Chester Carthel Owner's Representative APPROVED AS TO FORM: /s/ Amy L. Sims City Attorney ATTEST: Corporate Secretary /s/ Peggy Young CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDo MAYOR CONTRACTOR: Brown -McKee, Inc. By: /s/ Mike P. Oles PRINTED NAME: Mike P. Oles TITLE: President COMPLETE ADDRESS: Brown -McKee, Inc. P.O. Box 3279 Lubbock, TX 79452-3279 This bid is for the purchase and installation of remote actuators on the effluent pipeline located on Xcel Jones Station power plant property. The installation of these actuators is necessary for the operation of the valves, which will regulate the flow in the effluent pipeline. The actuators are necessary to complete the expansion of the effluent water distribution system from the City of Lubbock Southeast Water Reclamation Plant. The City of Lubbock currently supplies Xcel Jones Station power plant with effluent water and has recently installed an additional effluent pipeline for stream discharge of effluent water. The actuators will allow for remote operation of the valves that will control the distribution of effluent water between Xcel Jones Station and stream discharge. One hundred forty-one local contractors and subcontractors were notified of the Invitation to Bid. Time for completion of this project is 30 calendar days and liquidated damages is $500 per day. 181 Regular City Council Meeting August 28, 2003 Page 182 FISCAL IMPACT: A total of $3,400,000 was appropriated and $130,985 is available in project number 90127.8304.10000 (HLAS Transmission Improvements) for this purpose. Award bid to Brown -McKee, Inc. of Lubbock, TX for $28,371 as the City Council may deem appropriate. (46.) Resolution No. 2003-R0337/RFP 4111-03/DC —for Financial Collection Services (Finance). RESOLUTION NO.2003-RO337 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 financial collection services, RFP #111-03/DC, by and between the City of Lubbock and Collectech Diversified, Inc., dba CDI 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 28th day of August, 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 Contract is filed with Resolution No. 2003-R0337. This contract is for an agency to collect monies from individuals and companies after their checks have been returned because of non -sufficient funds. Departments that are affected include Streets, Civic Center, Accounting, LP&L, Library, Water Utilities, and Environmental Inspection Services. The following companies submitted proposals and were ranked as follows: Score Collectech Diversified, Inc. of Lubbock, TX 86 Progressive Financial Services, Inc. of Tempe, AZ 59 Nations Recovery Center, Inc. of Atlanta, GA 40 The rate schedule of the highest ranked firm, Collectech Diversified, Inc., is as follows: Check collection (price per check) $17 retained from collected $25 service charge (no contingency fee) $20 retained from collected $30 service charge (no contingency fee) 182 Regular City Council Meeting August 28, 2003 Page 183 Amount collection Lubbock Power & Light Water & Sewer Pro-rata Water & Sewer/Taps Auditorium/Coliseum Home Improvement & Mortgage Loans 25% contingency fee 10% contingency fee 10% contingency fee 10% contingency fee 10% contingency fee Paving 10% contingency fee Sixteen local businesses were notified of the Request for Proposal. FISCAL IMPACT: These services are not paid out of appropriations. The City is able to receive additional revenue, for bad accounts, by using the collection agency. The agency will receive their funds through the successful collection of funds. The difference between the amount collected, less the agency's fees, is recognized as revenue. Award bid to Collectech Diversified, Inc., of Lubbock, Texas for the above fees as the City Council may deem appropriate. The next item considered was Item 17. FINANCE Investments/Debt (47•) Ordinance No. 00089 authorizing the issuance of City of Lubbock, Texas, Tax and Electric Light and Power System Surplus Revenue Certificates of Obligation, Series 2003, and all necessary documents related to the issuance (first and final reading). This item was considered following Item 44. ORDINANCE NO.2003-00089 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, TAX AND ELECTRIC LIGHT AND POWER 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 Electric Light and Power 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 July 10, 2003, the City Council approved the first step in the issuance process. Resolution #2003-R0270, dated July 10, 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 771h 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 August 28, 2003. On August 26, 2003, the City and First Southwest, the City's financial advisor, negotiated a purchase price for the bonds with the City's chosen underwriters. The amount of this issuance will not exceed $13,280,000. 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. 183 Regular City Council Meeting August 28, 2003 Page 184 FISCAL IMPACT: The annual debt service on these bonds will average approximately $1,041,000. As this action is necessary to proceed with the bond issuance, staff recommended approval of this ordinance. Council Member Gilbreath made the following motion: "I move to adopt the Ordinance authorizing the issuance of `CITY OF LUBBOCK, TEXAS, TAX AND ELECTRIC LIGHT AND POWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003" in the aggregate principal amount of $13,270,000; 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", seconded by Council Member Martin to pass on first and final reading Ordinance No. 2003-00089 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (48.) Ordinance No. 00090 authorizing the issuance of City of Lubbock, Texas, Tax and Electric Light and Power System Surplus Revenue Refunding Bonds, Series 2003, and all necessary documents related to the issuance (first and final reading). ORDINANCE NO.2003-00090 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, TAX AND ELECTRIC LIGHT AND POWER SYSTEM SURPLUS REVENUE REFUNDING BONDS, SERIES 2003"; specifying the terms and features of said bonds; providing for the payment of said bonds by the levy of an ad valorem tax upon all taxable property within the City and a pledge of the net revenues derived from the operation of the City's Electric Light and Power System; resolving other matters incident and related to the issuance, payment, security, sale and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement; providing for the redemption of the bonds being refunded; and providing an effective date. The City issued $8,500,000 of City of Lubbock, Texas, Electric Light and Power System Revenue Bonds, Series 2002, dated August 15, 2002. Those bonds were issued with a 10-year term, with the intent to refund those bonds during the current fiscal year. Senate Bill 1759 of the 77`" 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 August 28, 2003. On August 26, 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. FISCAL IMPACT: The Bonds originally issued in 2002 were structured on a 10-year term. The intent was to issue those bonds in 2002 and refinance (refund) those bonds in 2003 with a 20-year term. The annual debt service on the 2002 bonds was approximately $1,087,000 per year. The annual debt service on the refunding bonds that are currently being issued will be approximately $697,000 per year. The net difference between the two funding alternatives is $390,000 per year. As this action is necessary to proceed with the bond issuance, staff recommended approval of this ordinance. 184 Regular City Council Meeting August 28, 2003 Page 185 Council Member Gilbreath made the following motion: "I move to adopt the Ordinance authorizing the issuance of `CITY OF LUBBOCK, TEXAS, TAX AND ELECTRIC LIGHT AND POWER SYSTEM SURPLUS REVENUE REFUNDING BONDS, SERIES 2003" in the aggregate principal amount of $8,900,000; 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", seconded by Council Member Patterson to pass on first and final reading Ordinance No. 2003-00090 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 10:52 A.M. PUBLIC HEARING Special (49.) Hold a public hearing to consider the request of Texland Petroleum for an Oil Drilling Permit on a tract of land located approximately 1605 feet north and 850 feet west of the southeast corner in Section 9, Block A, Lubbock County, Texas (north of Owen and west of I-27). Designation of well is CLU #5-2. Mayor McDougal opened the public hearing at 10:52 a. m. Dub Bratcher appeared on behalf of Texland Petroleum. No one appeared in opposition. Mayor McDougal closed the hearing at 10:53 a. m. On August 5, 2003, the Planning Department received an application for a permit to drill the above described well. The proposed well is within a pooled unit and does not require an acreage minimum for a production unit. The original production unit was for the Bray #1 Well. A number of Texland wells are existing in this square mile. Storage is proposed in conjunction with an existing tank battery. The application is in order. Texland proposes earth sludge pits and no landscaping at the well site. The blowout protector has a rating of 3,000 pounds. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County. Access to the drill site is from Kent, on private property. SHORT TERM IMPACTS: An impact for the adjacent residents to the south is expected for the short term. The well is located on an undeveloped parcel north of Owen Street and a developed subdivision. At least one well operates within the existing subdivision. The mineral interest for the lots to the south are included in the lease of this pooled unit. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated "residential" on the Comprehensive Land Use Plan. With additional wells and other oil production facilities in the immediate area, and no pending development proposals, no long-term negative impact is anticipated. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set to 400 feet or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a minimum depth of 400 feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first and second series of casing of the well shall be in compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texland Petroleum for CLU #5-2 185 Regular City Council Meeting August 28, 2003 Page 186 FISCAL IMPACT: None from City funds. Tax Revenues from mineral production within the City is an asset. Staff recommended approval of the permit with the proposed conditions. (50.) Consider approval of an Oil Drilling Permit for CLU #5-2. Motion was made by Council Member Hernandez, seconded by Council Member Patterson for approval of an Oil Drilling Permit for CLU #5-2. Motion carried: 7 Yeas, 0 Nays. 10:54 A.M. PUBLIC HEARINGS Zonin (51.) Ordinance No. 2003-00091 - ZONE CASE NO. 2406-D (6402 22nd Street): Hold a public hearing to consider request of Mike Elliott for a zone change from C-4 to A-1 on the east 501 feet of Tract A-6, Milwaukee Place Addition (first reading). ORDINANCE NO.2003-00091 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2406-D; A ZONING CHANGE FROM C-4 TO A-1 ZONING ON THE EAST 501 FEET OF TRACT A-6, MILWAUKEE PLACE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:54 a. in. No one appeared on behalf of Mike Elliott. No one appeared in opposition. Mayor McDougal closed the hearing at 10:55 a. in. During the July Planning Commission meeting, comments from the neighborhood prompted the Commission to delay the discussion for one month so the developer could visit with adjacent owners. The group did meet and both the neighborhood association and one adjacent owner supported the request with the agreed conditions. The one adjacent property owner did ask the Commission to require paving 22nd Street full width as a condition, but that request is not included in the recommendation. Development policies do not require paving more than the adjacent half street when a project is constructed. The parcel is currently zoned C-4 with several conditions - fifteen of the normal C-4 uses not allowed, several site requirements and a site plan review prior to a construction permit. The parcel is a portion of an area occupied by an outdoor movie theater that was in operation before the area was annexed. Discussion during the July meeting included a number of concerns by the neighborhood about the paved status of 22nd Street, and non-residents using 22nd Street to avoid the light at 19th Street and Milwaukee, as well as cutting through the subdivision. But none of these concerns are directly affected by the proposed apartment project. According to the Community Development Department, paving of 22nd Street is a high priority when the next round of projects is considered, but that decision has not been made. Adjacent land use: North — commercial South — single family East — single family West — Milwaukee The project meets the description of a buffering district between commercial and residential. The tentative site plan indicates that all traffic will exit to LaSalle, then most probably to 19th Street. Some residents may use 22nd Street to access Milwaukee. The area is currently noted as Regular City Council Meeting August 28, 2003 Page 187 commercial on the Comprehensive Land Use Plan. The Planning Commission motion includes a minor amendment statement. The project should not have a negative effect on the thoroughfare system. The developer offered to construct a screening fence on the south boundary of the project, along 22nd Street. Had the property been built as commercial under the current zoning, a screening fence would have been required. The proposed fence will benefit the residents on the south side of 22nd Street. The Planning Commission recommended approval of the request subject to the following conditions: 1. Tied to the conceptual site plan with access from La Salle only and no parking between structures and 22nd Street, 2. A screening fence shall be constructed on the south property line with the exception of the east twenty-five feet to allow visual access across the intersection at LaSalle and 22nd Street. Staff recommended approval of the permit with the proposed conditions. Motion was made by Council Member Morrison, subject to all the conditions placed by the Planning Commission, seconded by Council Member Hernandez to pass on first reading Ordinance No. 2003-00091 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 53. 1:32 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers (52.) Ordinance No. 2003-00097 -ZONE CASE NO. 1193-D (4002 North I-27): Hold a public hearing to consider request of Shawn Fuller for D & S Mobile Home Center, Inc. for a zoning change from R-1 to IHC Specific Use and IHI Specific Use for manufactured home sales, storage, and remanufacturing on Block 5, Edsall Acres Addition (first reading). This item was considered following Item 69 and was the first item considered after Council reconvened at 1:32 P. M. ORDINANCE NO.2003-00097 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1193-D; A ZONING CHANGE FROM R-1 TO IHC SPECIFIC USE AND IHI SPECIFIC USE FOR MANUFACTURED HOME SALES, STORAGE, AND REMANUFACTURING ON BLOCK 5, EDSALL ACRES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 1:33 p. in. Shawn Fuller appeared on behalf of himself (D & S Mobile Home Center, Inc.) No one appeared in opposition. Mayor McDougal closed the hearing at 1:44 p. in. The request is for Specific Use zoning in the Interstate Commercial and Interstate Industrial districts that will provide for a manufactured home sales lot and a storage area for units that require refurbishment. The zone case is the fourth in a series of cases that have been frustrating for both Mr. Fuller, the staff, the Planning Commission, and the City Council. The last zone case for the business was denied at the City Council level. Since that time, a vacate order was issued and Mr. Fuller engaged an attorney to represent his interests. This request is the result of a number of meetings between Mr. Fuller, the City Legal Department, the Planning staff, and the City Council. A representative of Mr. Fuller presented a site plan and the staff proposed a list of conditions for approval and recommendation to the City Council 187 Regular City Council Meeting August 28, 2003 Page 188 by the Commission. Several items had been accomplished prior to the date the last request was denied: • The screening fence of the refurbishment area (the IHI portion of the case) has been completed, including a gate on Ash Avenue. A twenty-five foot landscape area delineated by a railroad tie barrier on the front of the north parcel. The area has been seeded and several small trees planted. The south portion of the landscape area had not been completed as of August 6. A significant amount of rubbish and dead plant material was removed from the site. The proposed landscape on the front is about 3% of the parcel. IHC requests 10% adjacent to I-27. Since the lots are so deep and 10% would be an unusual total square footage area, the staff is in agreement with the request of Mr. Fuller to have only the twenty-five foot landscape area. Staff is adamant that the area needs to be tended in a better manner than in the past, and watered regularly to increase the amount of turf. • Units in the refurbishment area that are burned out, or unusable, have been removed. The remaining units are lined up in an orderly fashion inside the compound. • The drive from the service road to the paved parking pad and the display area are crushed material versus asphalt or concrete as normally required by the Code. Because of the length of the drive, the staff is not uncomfortable recommending crushed material as a substitute for paving. Prior to the Council hearing the last time, with the expansion of the facility to the west one-third of the south lot, the area designated "sales lot" was to be covered with crushed asphalt or rock (#2 grade) at a rate of one cubic yard per sixty square yards of display area. As of August 6, the main lot is graveled, some of the area on the south lot does not appear to be fully graveled. Also, on the "future sales lot" (the east two thirds of the south lot), a new drive has been bladed from Ash Avenue. When that portion of the lot goes into active use, a screening fence will be required on Ash Avenue. The drive is acting as a back way into the facility. When customers miss the service road entrance, they are going east on Purdue then south on Ash Avenue to enter the lot. With the land to the east of Ash Avenue undeveloped at this time, the staff is in agreement to allow the drive until the east two thirds of the lot are made an active part of the business. The Planning Commission discussed the previous failure by Mr. Fuller to complete the requirements outlined in the former zone cases. The Commission reiterated that the favorable recommendation of the case to the Council includes all of the items being up to par by the time the Council hears the case. The staff will provide photos of the parcel at the Council hearing. Based on performance by Mr. Fuller to be in compliance with the conditions outlined by the Planning Commission, the staff recommended approval of the request. If he does not, the staff recommended denial of the request. The Planning Commission recommended approval of the request subject to the following conditions: 1. Tied to the proposed site plan including the sales lot and refurbishment lot on the north half of the parcel, and the west third of the south lot as a sales lot. 2. The east two thirds of the south lot shall remain vacant until it is covered with crushed gravel or asphalt and a six- foot screening 188 Regular City Council Meeting August 28, 2003 Page 189 fence is installed adjacent to Ash Avenue. Until that time access to the parcel from Ash Avenue shall be permitted. 3. The drive and sales lot areas shall be covered with a #2 grade rock or crushed asphalt at a minimum rate of one cubic yard per sixty square yards of land area. 4. The west twenty-five feet of both lots (adjacent to I-27), with the exception of the driveway, shall be landscaped and clearly delineated. Landscape (turf and bushes or trees) shall be watered regularly and maintained. 5. Only units needing refurbishment shall be allowed in the storage compound. No destroyed or burned out units will be stored. 6. The six-foot screening fence of the refurbishment compound with a gate on Ash Avenue shall be properly maintained. Staff recommended approval of this ordinance with the proposed conditions. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Martin, seconded by Council Member Hernandez to overrule Planning and Zoning and deny this zone case. Motion failed: 2 Yeas, 5 Nays. Mayor McDougal and Council Members Boren, Morrison, Gilbreath and Patterson voted Nay. Discussion was had concerning passing first reading and delaying the second reading for six months. Mayor McDougal suggested having Mr. Fuller agree to this and if the property gets out of line, there would be an immediate vacate order. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00097 and have the second reading in August 2004. The next item considered was Item 54. (53.) Ordinance No. 2003-00092 - ZONE CASE NO. 2965-A (3107 Clovis Road): Hold a public hearing to consider request of Dulan D. Elder for Lloyd and Cleo Hendrix for a zoning change from C-3 to C-4 for a motel on Lot 25, Block 3, Riceland Addition (first reading). This item was considered following Item 51. ORDINANCE NO.2003-00092 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2965-A; A ZONING CHANGE FROM C-3 TO C-4 ZONING LIMITED TO A MOTEL AND ALL PERMITTED C-3 USES ON LOT 25, BLOCK 3, RICELAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:54 a. in. No one appeared on behalf of Dulan D. Elder for Lloyd and Cleo Hendriz. No one appeared in opposition. Mayor McDougal closed the hearing at 10:55 a. in. The request would provide for a motel on Clovis Highway. Adjacent land uses: North — Clovis Highway and industrial South — single family East — commercial West — zoned R-3, vacant — and commercial The C-4 request is consistent with the Comprehensive Land Use Plan based on the fact that Clovis Highway is a U.S. Highway. Several lots to 189 Regular City Council Meeting August 28, 2003 Page 190 the east, and one lot to the west, along the street are already zoned C-4. The greatest issue regarding zoning policy for the site is the fact that single-family development exists to the south. The applicant is proposing that the structure be single story, which solves an issue when two-story is proposed across the alley from residential. Several adjacent owners submitted written opposition, but no one attended the Commission meeting. The project will have no appreciable impact on the thoroughfare system. The Planning Commission recommended approval of the request subject to the following conditions: 1. The zoning shall be C-4 limited to a motel and all permitted C-3 uses. 2. The structure(s) shall be limited to single story. Staff recommended approval of this ordinance with the proposed conditions. Motion was made by Council Member Morrison, subject to all the conditions placed by the Planning Commission, seconded by Council Member Hernandez to pass on first reading Ordinance No. 2003-00092 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 56. (54.) Ordinance No. 2003-0 -ZONE CASE NO. 2728-B (5133 80" Street): Hold a public hearing to consider request of Nextel Partners for West Texas Lubes for a zoning change from C-3 to C-3 Specific Use for a 150-foot telecommunications tower on a 35-foot by 70-foot site on Lots F-4 through F6, Woodland Park Addition (first reading). This item failed. Mayor McDougal opened the public hearing at 2:06 p. in. Bernie Gradel with Hugo Reed and Associates, Inc., Raymond Kim and Paxton Smith appeared on behalf of Nextel. Mark Yearwood, Director of Information Technology, appeared in opposition. Mayor McDougal closed the hearing at2:19p.in. The proposed location is east of Slide Road, between 80th and 82"d Streets. The Federal Communications Act specifies five provisions be addressed during consideration of a request to install a PCS or cellular tower: Reasonableness — Local governments may not discriminate between carriers or use zoning provisions that effectively prohibit the provision of service. The intent of Congress does not deny localities the flexibility to treat service providers differently on the basis of varying setback, height or safety requirements when proposals are in different zoning districts. IE: A request in residential can be considered with a different perspective than one in commercial. Towers are a permitted use in industrial districts. Timeliness — The hearing process must occur within a reasonable time frame. Documentation — A denial by the Planning Commission or City Council must be in writing and substantiated by evidence contained in written records. The application should be detailed in writing and a written evaluation of the application by staff should be presented. The minutes should reflect in detail any opposition or support for the request. Sitting Criteria — The effect of the electromagnetic field created by cellular or PCS may not be a factor in the consideration of a tower. Presumably, FCC guidelines are in effect which provide a safe electromagnetic atmosphere in the immediate vicinity of towers. t Regular City Council Meeting August 28, 2003 Page 191 • Court jurisdiction — Challenges to zone cases that are denied must be filed in state or federal court. Stated purpose/goals for towers [Section 29-30(b)(8)] with response: 1. Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community. • No residential exists in the immediate area. The closest is an apartment complex north of 80th Street and single-family approximately 600-800 feet to the north. 2. Encourage strongly the joint use of new and existing tower sites. • There are no existing private towers in the area. The City has a tower at the fire station at 79`h Street and Slide Road that, according to the proponent, cannot be used for cellular because of interference issues. 3. Require users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal. • This is the toughest aspect of tower requests. Except in remote areas of the community, adjacent owners often express objection for new tower locations. Contrast this to the demand by the overall public for consistent, clear phone communications and the situation is complicated. The public wants clear phone signals but may not want the towers. • Two aspects that may constitute the primary opposition for the request are property values and aesthetics. While these are viable discussion items for determination by the Planning Commission and City Council, opinions from citizens that are not substantiated with appraisal data or "expert" verification is suspect if a denial is challenged in court. 4. Require users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas. • The proposed site is on the alley between 801h and 82"d Streets. The project seems to meet the standards established by the Zoning Code guidelines. At this location, the site is surrounded by commercial uses. The project will have no effect on the thoroughfare system. One issue discussed by the Planning Commission regarding cell towers in general, and the same concern has been expressed by the City Council, is a concern for an uncontrolled proliferation. During the past ten years, as the number of cell companies has increased, a commensurate number of tower requests has not followed. The industry is working hard to utilize each tower and other tall structures to the maximum extent and keep new tower requests at a minimum. The current ordinance is structured to balance the needs of the industry and the impact on the community. The Planning Commission recommended approval of the request subject to the following conditions: 1. Tied to the location indicated on the site plan. 2. Construction shall be monopole with sufficient design standards to support a minimum of three users. Staff recommended approval of this ordinance with the proposed conditions. Motion was made by Council Member Boren, seconded by Council Member Martin to deny this item because of safety issues. Motion carried: 4 Yeas, 3 Nays. Mayor McDougal and Council Members Hernandez and Morrison voted Nay. 191 Regular City Council Meeting August 28, 2003 Page 192 (55.) Ordinance No. 2003-0 - ZONE CASE NO. 1131-0 (3207 501h Street): Hold a public hearing to consider request of Nextel Partners for Intercontinental Properties, Inc. for a zoning change from C-3 to C-3 Specific Use for a 150-foot tall telecommunications tower on a 40-foot by 60-foot site on Tract G, Monterey Center Addition (first reading). This item failed. Mayor McDougal opened the public hearing at 2:32 p. in. Bernie Gradel with Hugo Reed and Associates, Inc., Raymond Kim and Paxton Smith appeared on behalf of Nextel. Mayor McDougal left the dais. Mark Yearwood, Director of Information Technology, appeared in opposition. Mayor Pro Tern Hernandez closed the hearing at 2:38 p. in. The proposed site is south of 50th Street, north of the post office on Gary Avenue. The Federal Communications Act specifies five provisions to be addressed during consideration of a request to install a PCS or cellular tower: • Reasonableness — Local governments may not discriminate between carriers or use zoning provisions that effectively prohibit the provision of service. The intent of Congress does not deny localities the flexibility to treat service providers differently on the basis of varying setback, height or safety requirements when proposals are in different zoning districts. IE: A request in residential can be considered with a different perspective than one in commercial. Towers are a permitted use in industrial districts. • Timeliness — The hearing process must occur within a reasonable time frame. • Documentation — A denial by the Planning Commission or City Council must be in writing and substantiated by evidence contained in written records. The application should be detailed in writing and a written evaluation of the application by staff should be presented. The minutes should reflect in detail any opposition or support for the request. Siting Criteria — The effect of the electromagnetic field created by cellular or PCS may not be a factor in the consideration of a tower. Presumably, FCC guidelines are in effect which provide a safe electromagnetic atmosphere in the immediate vicinity of towers. Court jurisdiction — Challenges to zone cases that are denied must be filed in state or federal court. Stated purpose/goals for towers [Section 29-30(b)(8)] with response: Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community. • No residential exists in the immediate area. 53`d Street to the south is the closest residential, which is more than 300 feet. Encourage strongly the joint use of new and existing tower sites. • There are no existing private towers with available space in the area. The City has a water tower west of Indiana that has space for rent. Whether the water tower location is adequate for the coverage needed by Nextel, or meets their technical needs, will be outlined to the Council during the hearing, if requested. Complete information was not available at the Planning Commission hearing regarding the suitability (or lack) of the water tower for Nextel. 192 Regular City Council Meeting August 28, 2003 Page 193 Require users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal. • This is the toughest aspect of tower requests. Except in remote areas of the community, adjacent owners often express objection for new tower locations. Contrast this to the demand by the overall public for consistent, clear phone communications and the situation is complicated. The public wants clear phone signals but may not want the towers. • Two aspects that may constitute the primary opposition for the request are property values and aesthetics. While these are viable discussion items for determination by the Planning Commission and City Council, opinions from citizens that are not substantiated with appraisal data or "expert" verification is suspect if a denial is challenged in court. Require users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas. • The proposed site is between the commercial on 50t" Street and the post office to the south. The project seems to meet the standards established by the Zoning Code guidelines, subject to verification that the water tower site is not viable based on technical issues, not financial issues. At this location, the site is surrounded by commercial uses. The project will have no effect on the thoroughfare system. One issue discussed by the Planning Commission regarding cell towers in general, and the same concern has been expressed by the City Council, is a concern for an uncontrolled proliferation. During the past ten years, as the numbers of cell companies has increased, a commensurate number of tower requests has not followed. The industry is working hard to utilize each tower and other tall structures to the maximum extent and keep new tower requests at a minimum. The current ordinance is structured to balance the needs of the industry and the impact on the community. The Planning Commission recommended approval of this ordinance subject to the following conditions: Staff recommended approval of this ordinance with the proposed conditions. Motion was made by Council Member Morrison to approve Item 55. Motion died for lack of second. Mayor McDougal returned to the dais. Mark Yearwood, Director of Information Technology, gave comments concerning the noise platform. Motion was made by Council Member Boren, seconded by Council Member Gilbreath to deny Item 55 due to adverse impact because of the safety issues that have been brought forth. Motion carried: 4 Yeas, 3 Nays. Mayor McDougal and Council Members Hernandez and Morrison voted Nay. The next item considered was Item 63. (56.) Ordinance No. 2003-00093 - ZONE CASE NO. 1058-L (6409 Indiana Avenue): Hold a public hearing to consider request of Scott Stofel for Dot Com Coffee for a zoning change from C-2 to C-4 limited to a drive-in restaurant and all permitted C-2 Uses on a portion of the southwest corner of Tract I, Live Oak Addition (first reading). This item was considered following Item 53. 193 Regular City Council Meeting August 28, 2003 Page 194 ORDINANCE NO.2003-00093 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1058-L; A ZONING CHANGE FROM C-2 TO C-4 ZONING LIMITED TO A DRIVE-IN RESTAURANT AND ALL PERMITTED C-2 USES ON A PORTION OF THE SOUTHWEST CORNER OF TRACT 1, LIVE OAK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PEANLTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:54 a. in. No one appeared on behalf of Scott Stofel for Dot Com Coffee. No one appeared in opposition. Mayor McDougal closed the hearing at 10:55 a. in. The proponent is proposing a drive -through kiosk located in the parking lot of the current KK Kraft Mall at 66t" Street and Indiana Avenue. Adjacent land uses: North — commercial South — commercial East — commercial West — commercial The proposed use (coffee sales) is within the definition of drive -through restaurant, which requires C-4. The center is currently zoned C-2. As recommended by the Planning Commission, the request would limit the C-4 zoning to a kiosk and would revert to C-2 if the use ceases for one year. With that limitation, the request is reasonably within policy for both the Comprehensive Land Use Plan and zoning policy. The original application incorrectly identified the parcel as being zoned C-3. The project is suitably located in the parking lot such that no back up will occur onto public streets and parking is disturbed very little on the mall parking lot. The Planning Commission recommended approval of the request subject to the following conditions: 1. The zoning shall be C-4 limited to a drive -through food and beverage kiosk and all permitted C-2 permitted uses. 2. Should the use be terminated for one year, the parcel zoning will revert to C-2. Staff recommended approval of this ordinance with the proposed conditions. Motion was made by Council Member Morrison, subject to all the conditions placed by the Planning Commission, seconded by Council Member Hernandez to pass on first reading Ordinance No. 2003-00093 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (57.) Ordinance No. 2003-00094 - ZONE CASE NO. 2573-D (north of North Loop 289, near Utica Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. for FF Development, LP for a zoning change from R-1, R-2, and C-3 to A-2 for an apartment complex on an 18.61-acre tract of unplatted land out of Section 22, Block A (first reading). 194 Regular City Council Meeting August 28, 2003 Page 195 ORDINANCE NO. 2003-00094 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573-D; A ZONING CHANGE FROM R-1, R-2 AND C-3 TO A-2 ZONING ON AN 18.61-ACRE TRACT OF UNPLATTED LAND OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:54 a. m. No one appeared on behalf of Hugo Reed and Associates, Inc. for FF Development, LP. No one appeared in opposition. Mayor McDougal closed the hearing at 10:55 a. m. The zoning would accommodate an apartment complex. Adjacent land uses: North — vacant South — Loop 289 East — The Lubbock Heart Hospital West — vacant The current Comprehensive Land Use Plan illustrates the south portion of this tract as commercial and the north portion as residential. This recommendation from the Planning Commission includes a motion to approve a minor change to the Plan. The staff has visited several times with Mr. Glasheen and his design team about the need to formulate an amended Comprehensive Land Use Plan for the 200-plus acres in this vicinity. That said, with the existing medical uses to the east and the existing commercial zoning along Loop 289, this proposal is not out of context with sound land use planning and the policies of the Comprehensive Land Use Plan. The project will have no greater effect on the thoroughfare system than expected. The project will have access to both the Loop service road and Erskine. The builder will create a road from Erskine to the Loop service road that will provide access both to the north and south for residents of these apartments. As in several previous zone cases, the staff has signaled the adjacent property owners, the Planning Commission, and the City Council that Erskine being upgraded to a full capacity thoroughfare will be critical for the growth projections in this northwest part of Lubbock to materialize. In addition, the City working with the Texas Department of Transportation (TxDOT) regarding possible design alternatives for the North Quaker/Erskine/Loop 289 intersection and construction of an overpass at Slide Road. Staff recommended approval of this ordinance with the proposed conditions. Motion was made by Council Member Morrison, subject to all the conditions placed by the Planning Commission, seconded by Council Member Hernandez to pass on first reading Ordinance No. 2003-00094 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (58•) Ordinance No. 2003-00095 - ZONE CASE NO. 1970-C (north of 241n Street and east of Iola Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. for Art Griffin for a zoning change from R-1 to A-2 for apartments on a 4.91-acre tract of unplatted land out of Section 44, Block AK (first reading). 195 Regular City Council Meeting August 28, 2003 Page 196 ORDINANCE NO.2003-00095 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1970-C; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON A 4.91-ACRE TRACT OF UNPLATTED LAND OUT OF SECTION 44, BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:54 a. m. No one appeared on behalf of Hugo Reed and Associates, Inc. for Art Griffin. No one appeared in opposition. Mayor McDougal closed the hearing at 10:55 a. m. At one point in the past, the parcel was zoned C-4 Specific Use for a mini -warehouse project that did not materialize. Zoning on the parcel has reverted to the original single-family zoning status (Specific Use Permits are valid for 30 months). Adjacent land uses: North — apartments South — vacant, zoned for apartments East — apartments West — single family west of Iola The project is consistent with Comprehensive Land Use Plan and zoning policy. The project would have little additional effect on the thoroughfare system. Because the project is in an area that provides no buffer to the adjacent West End Place subdivision, the staff recommended consideration of a condition requiring a screening fence on the Iola Avenue property line with a cut off that respects the visual triangle at 24th Street and Iola Avenue. Having the fence along Iola Avenue would be consistent with the apartment project to the north. The proponent requested the Planning Commission to consider an alternative, which would be to review the proposal for screening and curb cuts when a project is designed for the parcel. The current property owner does not want the screening fence as a requirement, and would prefer that a future developer of apartments address the issue. The Commission agreed to give a future owner the opportunity to prove that a landscape buffer would adequately substitute for a fence, but agreed that curb cuts on Iola Avenue should be limited to one across from the intersection of 23`d Street and Iola Avenue. The staff is of the opinion that landscape buffer areas do not do very well for shielding headlights and noise adjacent to residential areas, but agreed with the proposal to look at a future design review by the Commission. The Planning Commission recommended approval of the request subject to the following conditions: 1. That only one drive opening will be permitted on Iola Avenue at 23`d Street. 2. With regard to screening Iola Avenue, the Planning Commission shall review a site plan prior to a construction permit proposing either a landscape buffer or a screening fence with the one curb cut and observing the vision triangle at Iola Avenue and 24th Street. Staff recommended approval of this ordinance with the proposed conditions. Motion was made by Council Member Morrison, subject to all the conditions placed by the Planning Commission, seconded by Council Member Hernandez to pass on first reading Ordinance No. 2003-00095 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 196 Regular City Council Meeting August 28, 2003 Page 197 (59.) Ordinance No. 2003-00096 - ZONE CASE NO. 2173-D (103 and 119 West Loop 289 and 220 Slide Road): Hold a public hearing to consider request of Paul Fields for a zoning change from C-2 and C-4 Specific Use to C-3 on tracts M-2, M-3 and L-1-B less the west 110 foot, Whisperwood Addition and C-4 Specific Use for mini - warehouses on the west 110 foot of Tract L-1-13, Whisperwood Addition (first reading). ORDINANCE NO. 2003-00096 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE _ OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2173-D; A ZONING CHANGE FROM C-2 AND C-4 SPECIFIC USE TO C-3 SPECIFIC USE FOR SET BACK ON TRACTS M-2, M-3 AND L-1-B (LESS THE WEST 110 FEET) AND TO C-4 SPECIFIC USE FOR MINI -WAREHOUSES ON THE WEST 110 FEET OF TRACT L-1-B, WHISPERWOOD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:54 a. m. No one appeared on behalf of Paul Fields. No one appeared in opposition. Mayor McDougal closed the hearing at 10:55 a. m. The request represents an adjustment of the zoning configuration in the area adjacent to Slide Road (west) between 4`" Street and Loop 289. Originally, a single tract existed from 4`" Street to the Loop along Slide Road. The proposed development for that single tract was a shopping center that operated primarily from 41" Street. Subsequent land sales to Walgreens at the corner of Slide Road and 4`" Street and the new fire station at Slide Road and 2°d Street have voided the original intent. Adjacent land uses: North — Loop 289 South — commercial East — residential and commercial West — commercial The request is consistent with the Comprehensive Land Use Plan and zoning policies. Slide Road is a thoroughfare level street. The Master Thoroughfare Plan indicates the need for a grade separation of the Loop from Slide Road at a future date. The staff has discussed with the property owner that an additional dedication may be needed from his Slide Road frontage to accommodate an extension of Slide under Loop 289. The future grade separation will be an asset to both the City of Lubbock and the adjacent property owner. The parcel requested for an extension of the mini -warehouse project will replace a parcel currently zoned for expansion, but not constructed, along the Loop frontage. The new mini -warehouse parcel will be shielded from Slide Road by the C-3 parcel between the fire station and Walgreens. The proposal should have no detrimental effect on the thoroughfare plan. The Planning Commission recommended approval of this ordinance. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Morrison, subject to all the -- conditions placed by the Planning Commission, seconded by Council Member Hernandez to pass on first reading of Ordinance No. 2003-00096 as recommended by staff. Council Member Martin suggested the following friendly amendment: Between the first and second reading, Planning and Zoning should work on a plan for a 75' setback on tracks north of the fire station and present it at the second meeting in September. 197 Regular City Council Meeting August 28, 2003 Page 198 Council Member Hernandez also asked Mr. Henson to get with the owner and get feedback on what that is going to mean to him before the second reading. Council Members Morrison and Hernandez accepted the friendly amendment to pass on first reading of Ordinance No. 2003-00096. Motion carried: 7 Yeas, 0 Nays. ADMINISTRATIVE SERVICES Facilities Management (60.) Resolution No. 2003-RO347 authorizing the Mayor to execute a Deed Without Warranty with Lubbock Chapter American Red Cross. RESOLUTION NO.2003-RO347 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 Deed Without Warranty by and between the City of Lubbock and the American Red Cross. Said Deed Without Warranty 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 28th day of August, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Harlan Stauffer, Facilities Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Deed Without Warranty is filed with Resolution No. 2003-R0347. This action is being taken to deed the former United Way facility on 19`h Street to American Red Cross in response to the City Council direction to either lease City of Lubbock owned facilities at fair market value or to transfer ownership of the facility. Once United Way vacated the 19th Street facility, efforts were initiated to transfer the building to American Red Cross for their use. Implementation of the transfer was delayed while the Lubbock -South Plains Chapter of the American Red Cross sought compliance with National Red Cross requirements. National Red Cross approval has now been received. The Deed Without Warranty conveys the Property by Grantor (City of Lubbock) to the Grantee (American Red Cross, Lubbock — South Plains Regional Chapter) as long as the Grantee utilizes the Property solely in a manner that promotes a public purpose of the Grantor. For the purpose hereof, "public purpose" of the Grantor shall mean The American Red Cross Center provides relief to victims of disasters and help the people prevent, prepare for, and respond to emergencies. If the Property ceases to be so used, all rights, title, and interest conveyed by this instrument shall automatically revert to and vest in Grantor. 198 Regular City Council Meeting August 28, 2003 Page 199 Property (including any improvements) located at 2201 191h Street, Lubbock, Texas, 79401. Legal description: Lot, tract or parcel of land lying and being situated in Lubbock County, Texas, the same being all of Lots 1 and 2 in Block Number 49 of the McCrummen Second Addition to the town of Lubbock, Texas, according to the map or plat thereof of record in the Deed Records of Lubbock County, Texas. FISCAL IMPACT: Previously 2201 19th Street was leased to United Way for one dollar per year. American Red Cross was housed in a City of Lubbock facility at 2201 Avenue X leased for $119 per month. Future use of the facility at 2201 Avenue X has not been determined, but will be retained by the City of Lubbock as it is located on Park and Recreation land. The dollar impact to Facilities Management revenues will be minimal, even if future use of the Avenue X facility is not determined. Deeding of the 2201 19th Street property to American Red Cross will eliminate future potential City of Lubbock maintenance and insurance costs. Staff recommended approval of this Deed Without Warranty. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO347 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 62. Other (61.) Ordinance No. O granting to NTS Communications, Inc., the right, privilege and franchise to operate within the boundaries of the City of Lubbock, an Open Video System first reading). This item was deleted. Parks and Recreation (62.) Resolution No. 2003-RO348 for the City Council to express its approval and support for a proposed Candlelight Ceremony on September loth at Kastman Park to honor and remember the 3,412 victims of the September 11, 2001 terrorist attack against the United States, and a special ceremony September 111h at Kastman Park to honor the first responders of Lubbock and the surrounding area. This item was considered following Item 60. RESOLUTION NO. 2003-RO348 WHEREAS, American State Bank, partnering with the Lubbock Independent School District and the City of Lubbock, desire to honor and remember the victims of the 3,412 lives that were lost in the September 11, 2001, terrorist attack on the United States with a candlelight ceremony to place United States flags for each victim on the evening of September 10, 2003, at Kastman Park; and WHEREAS, in addition, the role of first responders in the September 11, 2001, terrorist attack and every day in our local area will receive recognition and honor in a special ceremony at Kastman Park on the morning of September 11, 2003; and WHERERAS, the City Council of the City of Lubbock finds it to be in the public interest of the citizens of the City of Lubbock and a public purpose to support the special ceremonies remembering the victims of the September 11, 2001, terrorist attack on the United States and honoring the first responders of Lubbock and the surrounding area; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby expresses its approval and support for the proposed Candlelight Ceremony on September 10 at Kastman Park to 199 Regular City Council Meeting August 28, 2003 Page 200 honor and remember the 3,412 victims of the September 11, 2001, terrorist attack against the United States and a special ceremony September 11 at Kastman park to honor the first responders of Lubbock and the surrounding area. One American flag will be placed in the park for each victim of the attack as the person's name is read. After the event, each of the flags will be available for purchase. Funds raised by flag sales will go to endow a nursing scholarship. The City Council hereby approves and authorizes a flyover as part of the ceremonies and the use of Kastman Park and City equipment, including four trolleys from Citibus, and staff in cooperation with American State Bank and Lubbock Independent School District in the planning and conduct of the Candlelight Ceremony and the First Responder's Ceremony on September 10 and 11, 2003. Passed by the City Council this 28th day of August, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Rnady Truesdell, Community Services Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel American State Bank, partnering with the Lubbock Independent School District and the City of Lubbock, desires to honor and remember the 3,412 lives that were lost in the September 11, 2001 terrorist attack on the United States. Two events will be held. The first is a candlelight ceremony to place United States flags for each victim on the evening of September 10, 2003, at Kastman Park. One American flag will be placed in the park for each victim of the attack as the person's name is read. After the event, each of the flags will be available for purchase for $25 each. In addition, t-shirts will be sold for $5 each. Funds raised by flag sales will go to endow nursing scholarships at the four schools of nursing in Lubbock. The second event, which will take place on the morning of September 11, 2003, will honor the role of first responders in the September 11, 2001 terrorist attack, as well as every day in our local area. Recently the State of Texas passed legislation designating September IIth as "First Responders Day". This event will feature first responders from the City of Lubbock, Lubbock County, State and Federal agencies, and from surrounding communities. The following departments are providing planning assistance for this project: Emergency Operations Center, Fire Department, Police Department, City Attorney and Parks and Recreation. Since the events will be held at a neighborhood park, the planning team has contacted Durham Transportation, through LISD, to provide park and ride services for September loth. Because school will be in session, Durham Transportation will not be able to provide the service on the morning of September 11 th In order to provide the service, it is being requested that Citibus provide four trolleys, free of charge, for the event on September 1 Ith 200 Regular Citv Council Meeting August 28, 2003 Page 201 The September 1ltn event will also feature a flyover of first responder aircraft. Approval of the flyover is also being requested. FISCAL IMPACT: In addition to the staff time involved in planning the event, Fire and Police vehicles will be on display during the September 1 I to event. The Fire and Police honor guards will participate in a 24-hour vigil at Kastman Park. Citibus will forego revenue from the four trolleys that provide the park and ride service on the morning of September 1 ltn Staff recommended approval of the resolution for the City Council to express its approval and support for a proposed Candlelight Ceremony on September 1 Oth at Kastman Park to honor and remember the 3,412 victims of the September 11, 2001 terrorist attack against the United States, and a special ceremony September IIth at Kastman Park to honor the first responders of Lubbock and the surrounding area. Motion was made by the Mayor and Council, as a body, and seconded by the Mayor and Council, as a body, to pass Resolution No. 2003-R0348 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 69. FINANCE Budget and Research (63.) Ordinance No. 00098 amending the FY 2002-03 Budget (first reading). This item was considered following Item 55. ORDINANCE NO.2003-00098 AN ORDINANCE MAKING CHANGES IN THE FY 2002-03 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. Staff was present to present the second revised budget for Fiscal Year 2002-03 for the General Fund and Enterprise Funds. A summary overview, by fund, was to be provided. Staff recommended approval of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00098 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. MISCELLANEOUS Other (63A.) Ordinance No. 00099 amending Chapter 26 of the Code of Ordinances, by adding Section 26-12, related to the granting of a property tax exemption for organizations engaged primarily in performing charitable functions as provided in Section 11.184 of the Texas Tax Code (first reading). ORDINANCE NO. 2003-00099 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING SECTION 26- 12, PROVIDING FOR THE EXEMPTION FROM PROPERTY TAXATION ORGANIZATIONS ENGAGED PRIMARILY IN PERFORMING CHARITABLE FUNCTIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The City of Lubbock has been requested to adopt the exemption provided under Texas Tax Code Section 11.184 by the Elks Club (as a citizens comment item in the July 10, 2003, City Council meeting), and the Ancient & Accepted Scottish Rite of Free Masonry of the Southern Jurisdiction USA c/o Lubbock Scottish Rite (per communication with Councilman Jim Gilbreath). 201 Regular City Council Meeting August 28, 2003 Page 202 The 2001 Texas Legislature adopted Texas Tax Code Section 11. 184, which provides that the governing body of the taxing unit may adopt an exemption for organizations engaged primarily in performing charitable functions. This exemption, if passed by the City Council, will provide an exemption for qualified charitable organizations, as defined in Tax Code Section 11.184. In the event this exemption is adopted by the City Council, any charitable organization desiring this exemption may apply to the Comptroller of the State of Texas for a determination of whether the organization is engaged primarily in performing charitable functions, as described therein, and is eligible for an exemption under Tax Code Section 11.184. In making the determination, the Comptroller shall consider: 1. whether the organization is recognized by the Internal Revenue Service as a tax-exempt organization under Section 501 of the Internal Revenue Code of 1986; 2. whether the organization holds a letter of exemption issued by the Comptroller certifying that the organization is entitled to issue an exemption certificate under Section 151.310 of the Tax Code; 3. whether the charter or bylaws of the organization require charitable work or public service; 4. the amount of monetary support contributed or in -kind charitable or public service performed by the organization in proportion to: (A.) the organization's operating expenses; (B.) the amount of dues received by the organization; and (C.) the taxes imposed on the organization's property during the preceding year if the property was taxed in that year, or if the property was exempt from taxation in that year, the taxes that would have been imposed if it had not been exempt from taxation; and 5. any other factor that the Comptroller considers relevant. After adoption of this exemption by the City Council, and after the organization applying for the exemption receives the determination letter issued by the Comptroller, as set forth above, the organization shall submit an application, along with such determination letter, to the Appraisal District. The Chief Appraiser shall accept the copy of the determination letter as conclusive evidence as to whether the organization engages primarily in performing charitable functions and is eligible for exemption under Tax Code 11.184. However, it would appear that the Chief Appraiser must determine that the subject property is utilized exclusively for qualifying charitable activity for the exemption to apply. FISCAL IMPACT: Melissa Trevino, Budget Director for the City of Lubbock, has made an attempt to assess the fiscal impact of the granting of this exemption by the City of Lubbock. However, the Central Appraisal District informed Ms. Trevino that it would be unable to provide any information on the number of potentially exempt entities and/or the property (and value thereof) subject to such exemption. Councilman Jim Gilbreath requested this item be placed on the agenda. Motion was made by Council Member Gilbreath, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00099 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (64.) Resolution No. 2003-R0350 nominating an elected official from the City of Lubbock to serve on the Texas Commission on Environmental Quality's Municipal Solid Waste Management and Resource Recovery Advisory Council. 202 Regular City Council Meeting August 28, 2003 Page 203 RESOLUTION NO.2003-RO350 WHEREAS; the Texas Commission on Environmental Quality (TCEQ) has reopened its request for nominations for ten individuals to serve on the Municipal Solid Waste Management and Resource Recovery Advisory Council, and whereas one of the positions on this Council is an elected official from a municipality with a population of more than 100,000 but less than 750,000; and WHEREAS; the TCEQ Commissioners will review all nominations based on various criteria that are presented to them after the September 3, 2003 deadline; and WHEREAS; Lubbock operates the largest publicly owned landfill in Texas and has considerable expertise in solid waste landfill operations that would be of great assistance to the Council and to TCEQ with regard to regulations that may affect solid waste landfill operations; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock desires to nominate the following named elected official from Lubbock as a municipality of more than 100,000 but less than 750,000 population to be considered by the TCEQ for appointment to the Municipal Solid Waste Management and Resource Recovery Advisory Council. NOMINEE: Tom Martin SECTION 2. THAT the City Manager or his designee is hereby authorized and directed to provide a copy of this Resolution along with appropriate biographical and other information, including work experience. In addition, the City Manager or his designee shall provide a copy of this Resolution to the Nominee and shall assist the Nominee in the preparation of a letter to TCEQ indicating a willingness to serve if appointed to the Council by TCEQ. Passed by the City Council of the City of Lubbock this 28th day of August, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Tommy Gonzalez, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel The Texas Commission on Environmental Quality (TCEQ) has reopened its request for nominations for ten individuals to serve on the Municipal Solid Waste Management and Resource Recovery Advisory Council. One of the positions on this Council is "an elected official from a municipality with a population of 100,000 or more but less than 750,000" (term expires August 31, 2009). Upon request from the TCEQ Commissioners, this Council reviews and evaluates the effect of state policies and programs on municipal solid waste management; makes recommendations on matters relating to municipal solid waste management; recommended legislation to encourage the efficient management of municipal solid waste; recommended policies for the use, allocation, or distribution of the planning fund; and recommended special studies and projects to further the effectiveness of municipal solid waste management and recovery for 203 Regular City Council Meeting August 28, 2003 Page 204 the state of Texas. The Council members are required by law to hold at least one meeting every three months. The meetings usually last one full day and are held in Austin. In nominating an individual, TCEQ asks to ensure the individual is qualified for the position, which he/she is being considered; to submit a biographical summary, which includes work experience; and to provide the nominee a copy of this request. The nominee needs to submit a letter indicating his/her agreement to serve if appointed. TCEQ must receive all nominations by September 3, 2003, 5:00 p.m. The appointments will be considered on October 22, 2003. FISCAL IMPACT: The cost of a trip to Austin is approximately $325 per trip for one day, plus one night hotel. As this Council meets quarterly, the overall cost will be approximately $1,300. A City Council nomination is necessary for Lubbock to be considered as a candidate for this TCEQ Council. Motion was made by Council Member Morrison, seconded by Council Member Patterson to nominate Council Member Tom Martin and to pass Resolution No. 2003-R0350. Motion carried: 7 Yeas, 0 Nays. (65.) Resolution No. 2003-RO351 nominating an individual to serve as Lubbock's representative on the Ports -to -Plains International Trade Coalition Board of Directors. RESOLUTION NO.2003-RO351 WHEREAS, the Ports to Plains Trade Corridor, a four -lane, uninterrupted divided highway that will link Canada and with Mexico and will pass through Lubbock, is an important transportation and economic development initiative for our city; and WHEREAS, the Ports to Plains Trade Corridor Coalition (a Corporation) is governed by a 19 member Board of Directors comprised of representatives of municipalities and other entities, including a representative from Lubbock; and WHEREAS, the resignation of Randy Neugebauer as Lubbock's representative on the Ports to Plains Trade Corridor Coalition's Board of Directors has created a vacancy; and WHEREAS, it is the responsibility of the Lubbock City Council to nominate an individual to fill the duties of this board member with the understanding that bylaws require the Ports to Plains Board of Directors to approve the nomination; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of Lubbock hereby nominates the following named individual to serve on the Board of Directors of the Ports to the Plains Trade Corridor Coalition in place of Randy Neugebauer, who has resigned due to his election to the United States Congress. NOMINEE: Tom Martin SECTION 2. THAT the City Manager is hereby authorized and directed to provide a copy of this Resolution and appropriate backup materials to the Board of Directors of the Port to Plains Trade Corridor Coalition. 204 Regular City Council Meeting August 28, 2003 Page 205 Passed by the City Council of the City of Lubbock this 28th day of August, 2003. /S/ MARC MCDOUGAL MARK McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Tommy Gonzalez, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel The Ports -to -Plains International Trade Corridor is a proposed four -lane, uninterrupted highway that passes through Lubbock and links Canada to Mexico. With the resignation of Randy Neugebauer from the Coalition's Board of Directors, the City Council may nominate a replacement. According to bylaws, the Ports -to -Plains Board of Directors must then confirm the nominated individual themselves. The Board has nineteen voting members when all positions are filled. So far, the Board has always accepted nominations that have been submitted for their consideration. FISCAL IMPACT: Each City pays for their Board member's travel expenses. Annually there are four Board meetings, and the possibility of travel to Washington D.C. Estimated travel costs are $1500 to $2000 per year. A City Council nomination is necessary for Lubbock to be represented on the Ports -to -Plains Board of Directors Motion was made by Council Member Boren, seconded by Council Member Morrison to nominate Council Member Tom Martin and to pass Resolution No. 2003-RO351 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. PLANNING/TRANSPORTATION Streets (66.) Resolution No. 2003-RO352 revising the Paving Policy of the City of Lubbock (revising Resolution #4475 passed April 28, 1994). RESOLUTION NO.2003-RO352 A RESOLUTION DEFINING THE PAVING POLICY OF THE CITY OF LUBBOCK WITH REGARD TO ALL PAVING ON ALL STREETS, AVENUES, AND/OR ALLEYS WITHIN OR ALONG THE CITY LIMITS AND ESTABLISHING STANDARDS FOR THE CITY'S PARTICIPATION, IF ANY, FOR THE VARIOUS METHODS OF PAVING STREETS. WHEREAS, the City Council of the City of Lubbock finds that due to changed conditions it is necessary and advisable to revise the paving policy of the City of Lubbock as heretofore established by Resolution dated the 28th day of April, 1994, and; WHEREAS, this policy is intended to supplement current state laws, City Charter provisions and City ordinances on the same topic; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I. GENERAL 205 Regular City Council Meeting August 28, 2003 Page 206 All paving improvements are to be constructed in accordance with the city's standard plans and specifications under the supervision of the City Engineer and the distribution of the costs for these paving improvements shall be in accordance with the following policy. II. PROPERTY OWNER PARTICIPATION IN PAVING STREETS A. The typical method of funding and installing improvements on any unpaved street or alley shall be one of those later described in this policy. The abutting property owners will benefit the most from these paving improvements and should be willing to participate in a part or all of the cost. Through the history of the City, abutting property owners have participated in the cost of practically all of the City streets which have been paved. B. Should the abutting property owners of any unpaved street desire street paving, they should determine which of the methods later described best fits their situation and initiate appropriate action. C. Although some streets have been paved with Community Development Block Grant funds since the mid — 1970's, this option is only possible on streets within a Community Development Block target area and only if that funding is available. III. TYPICAL DESIGN STANDARDS Curb & Gutter — 24" C&G section with 6" vertical face, barrier type curb. Concrete alley returns are required at the intersection of alleys and streets. Concrete valley gutters, for surface drainage, may be required at street intersections. T-1 & T-2 Thoroughfare Streets -9" asphaltic stabilized base (ASB) with 1-1 /2" asphaltic concrete (AC) surface or 8" concrete paving (unless a site specific design is approved to vary from this minimum standard design). Industrial & Collector Streets — Minimum standard design of 6inch flexible base (caliche) and 1-1/2" AC surface. However, if the proposed development is determined to generate significant truck traffic, an additional 3" ASB may be required. Residential Streets — Minimum standard design of 6" flexible base (caliche) and 1-1 /2" AC Surface. Alley Paving — Minimum of 10 feet width of concrete paving having an inverted crown with 5" depth in the center and 7-1/2" depth on the edges. Exceptions to Design Standards — Should soil, traffic or drainage conditions exist which make the above minimum standards inappropriate, an alternate design may be required to allow the expected normal service life of the proposed paving improvements. IV. ASSESSMENT PAVING IMPROVEMENTS A. General Discussion The City Council has determined, as a standard practice, that assessment paving programs will not be utilized for the paving of unpaved streets or alleys within the City of Lubbock. This standard practice has been established due to the provision in State Law (Section 313.048 of the Texas Transportation Code) which mandates an assessment may not exceed the enhanced value to the abutting property being assessed for the paving improvements. In recent history, the enhanced value of abutting properties, due to paving improvements, has not approached the actual costs of paving construction. Since the City Council believes the primary benefit of paving improvements are to the abutting properties and the owners of these properties, then these owners should be paying the cost of these paving improvements. 206 Regular City Council Meeting August 28, 2003 Page 207 Exceptions to this standard practice: (1) Thoroughfare or collector street paving projects initiated by the City for the improvement of the City's surface transportation needs will continue the assessment paving process, unless otherwise directed by the City Council on that specific project. (2) Other street or alley paving imrpvements projects initiated by the City as a result of traffic, drainage or maintenance needs may be placed on an assessment paving program, as directed by the City Council. For those instances that the City Council authorizes an assessment paving program, the following paragraphs B through K shall apply: B. This Section shall establish procedures utilized by City staff in calculating the rates for assessment paving for street or alley improvements and other policy issues related to assessment paving. However, Chapter 313 of the Texas Transportation Code may dictate, or the City Council may choose an assessment amount that differs from those rates calculated. C. The entire cost of the concrete curb and gutter parallel to and abutting the property and of the same length as the property it abuts shall be assessed against the abutting property and the owners thereof, such concrete curb and gutter to be referred to hereinafter as "property owner curb." D. Ninety percent (90%) of the entire street paving cost, exclusive of the "property owner curb", will be assessed against all abutting property and the owners thereof with the exceptions shown in paragraphs E and F below. E. The maximum assessment against an R-1 or R-2 residential zoned and utilized property will be the costs associated with the paving of -- half of a 36 foot wide street (16.5 feet width of asphalt paving). The maximum assessment against a property that is zoned other than R-1 or R-2 or residential zoned property which is being used for other than residential purposes will be the costs associated with the paving of half of a 58 foot wide street (27.5 feet width of asphalt paving). Property that has zoning limited to church or church related use will be treated as R-1 or R-2 residential zoned property. F. The ninety percent (90%) rate in paragraph D above is known as the "front" rate. The "front" abutting property, for assessment purposes, is that footage along the shorter side of a lot. The "side" abutting property is the footage along the longer side of a lot. If "side" abutting property is zoned for R-1 or R-2 residential purposes, and if occupied, is occupied for these residential purposes, an assessment of sixty percent (60%) of the entire paving cost, exclusive of the "property owner curb" will be assessed against the "side" abutting property and the owners thereof. There will not be a "side" rate for non-residential properties. G. Alley paving assessments will be based on the ninety percent (90%) rate. H. The method to be used on a paving project to determine the "front and side foot rates" and property assessments as set forth above is as follows: 1. All streets of identical width are to be grouped together into a single Unit, and each individual street in the Unit shall be designated as a Sub -unit of their particular Unit. 2. The "total project cost" of a Unit includes the total cost of the various items of work contributed from all Sub -units of 207 Regular City Council Meeting August 28, 2003 Page 208 the Unit as bid plus six percent (6%) of said contract cost for engineering. 3. From the "total project cost" the "property owner curb" will be deducted at the rate established by the contractor's bid price per linear foot for concrete curb and gutter and/or concrete gutter plus six percent (6%) engineering. ("Property owner curb" does not include that curb and/or gutter along side and across alley returns nor all of the curb radii). If there is a railway crossing in the Unit, the charges assessable directly to the railway company at bid prices plus six percent (6%) will also be deducted. 4. The amount after making the above deductions will be termed the "cost excluding property owner curb costs and railroad crossing costs" referred to herein as amount "A". 5. The "front foot rate" is amount "A" less 10% amount "A" divided by the total footage of all property abutting all Sub- units making up the entire Unit. This is the ninety percent (90%) rate described in Paragraph E. 6. The "side foot rate" is 2/3 of the above rate. This is the sixty percent (60%) rate described in paragraph F. 7. Part of the total cost to be assessed against each parcel of property abutting the improvements in each Unit will be determined by multiplying the abutting footage of each parcel of property by either of the above rates or by a combination of the above rates, whichever is applicable. This cost will be referred to herein as the "property owner paving cost." 8. The total cost to be assessed against each parcel of property abutting the improvements in each Unit is the sum of the "property owner paving cost" and the "property owner curb cost". I. An exception to the calculation of the assessment rates previously described in paragraphs C,D,E,F,G and H will be granted for residential property located in lower income areas of the City as identified by the general Community Development Block Grant (CDBG) target areas. In these target areas, the front residential rate will be calculated at 30% of the typical calculated total front rate (total of curb and gutter rate plus paving rate). The side residential rate in the target areas will be calculated at 60% of this reduced rate, or 18% of the typical total front rate. The assessment rate for alley paving in the CDBG target areas will be calculated as 30% of the total cost of the improvements for residential (R-1 and R-2 zoned) property. J. As prescribed by State Law, the City Council shall provide the time, terms, and conditions of payment and defaults of assessments, and prescribe the rate of interest which shall not exceed the greater of eight (8) per cent per annum or the rate payable by the City of Lubbock on its most recently issued general obligation bonds. The standard interest rate for assessments shall be one (1) per cent over Wall Street Prime Rate at the time of the assessment public hearing, not to exceed the limitations stated above. Payment for paving assessments is due within twenty (20) days following completion and acceptance of the paving improvements with no interest due. However, a standard method of payment of paving assessments has been established allowing fie (5) payments, over four (4) years, with the first payment being due within twenty (20) days of acceptance of the paving 208 Regular City Council Meeting August 28, 2003 Page 209 improvements. Interest is accrued at the rate established at the assessment public hearing as described above. K. Owners of unplatted property may elect to delay payment of their assessment until such time as their property is platted. No interest will accrue on this delayed payment on the paving assessment. However, as a condition of the platting of that subject property, the assessment shall be paid in the full amount due. A lien, in the amount of the paving assessment due, shall be filed against the subject property following passage of the paving assessment ordinance, and such lien shall not be released until such time as the paving assessment is paid. V. RESOLUTION PAVING IMPROVEMENTS A. In those instances on existing unpaved streets where all owners agree to pay their share of the paving costs, or one or more owners agree to pay all the property owners share of the paving costs, then those owners may request that the City participate in the cost of the paving improvements, exclusive of the "property owner curb", equivalent to the City participation in assessment paving. This will require approval of a resolution by the City Council. B. The owner/owners will pay all the costs for "property owner curb". The owner/owners paving rates will be calculated as shown in paragraph IV.H. C. The owner/owners will contract separately with a paving contractor of their own choice, however, City participation will not exceed amounts calculated using current bid prices received on other paving projects. D. City staff will perform materials testing and construction inspection of these paving improvements as is done on all paving projects. The City's share of the paving cost will be paid directly to the contractor upon completion of construction and formal acceptance of the paving improvements by the City Council. E. However, resolution paving will not be an allowed alternative if the City's participation exceeds $14,999. VI. SUBDIVISION PAVING IMPROVEMENTS A. Street and/or alley paving improvements required at the time of final platting of subdivisions (Chapter 25 of the Lubbock Code of Ordinances) shall be furnished by the developer, with the exception of City participation in the cost of extra width paving described in the following paragraphs. B. On streets requiring extra width, as shown on the Master Thoroughfare Plan, the City will pay for the entire cost of paving streets that exceed 36 feet in width if the abutting property is zoned for R-1 or R-2 residential use. The City will participate in the cost of paving streets that exceed 58 feet in width if the abutting property is zoned for other than R-1 or R-2 residential use. Property that has zoning limited to church or church related use will be treated as R-1 or R-2 residential zoned property. C. Other than thoroughfare or collector streets, half width streets shall only be allowed where essential to the reasonable development of the subdivision. As a standard, other than thoroughfare or collector streets, boundary streets in subdivisions shall be dedicated and paved full width. D. Half width paving of any collector or other boundary street in the subdivision will require approval of the City Engineer upon consideration of drainage issues. A working easement will be required from the adjacent property owner for the installation of the half width paving. The developer will install paving two feet F Regular City Council Meeting August 28, 2003 Page 210 beyond the center line of the street for any half width paving constructed. E. The developer will be required to deposit with the City the estimated cost to construct any paving improvements not constructed at the time of platting. As a standard, the curb and gutter will be constructed at the time of platting and the developer will prepay the cost of the installation of the surface, base and subgrade portion of the street improvements. Details of thoroughfare paving adjacent to new subdivisions are described in Section VIII of this resolution. F. The City Engineer's estimate of the money to be deposited by the developer in escrow for paving that cannot be constructed shall be based on the current bid prices for comparable assessment paving at the time bids are received. No adjustment shall be made either to the City or to the subdivider in a case of variation between the actual successful bid prices received at the time of the award of the contract and the estimated prices used determining the amount of the escrow. Similarly, no adjustment shall be made either to the City or to the subdivider in the case of variations between the actual quantities of improvements constructed and the estimated quantities of improvements to be constructed. The City's budget fund can be credited or charged with any difference between the estimated and actual cost at the time of the acceptance of the actual improvements. No monetary adjustment shall be made to the subdivider. The escrow money shall be kept in special account by the City Treasurer and shall not be released to the City's General Fund until the improvements have been completed and accepted by the City Council. G. The developers amount to be placed in the escrow account will be based on unit prices for 9" depth asphalt stabilized base and 1-1/2" A.C. surface paving for T-1 and T-2 thoroughfares; and 6" depth flexible base (caliche) and 1-1/2" A.C. surface paving for all other types of streets. VII. STREET & ALLEY USE PERMIT PAVING A. A person or persons may pave a street or alley in the City through the issuance of a street or alley use permit in accordance with Chapter 24 of the Code of Ordinances. B. The proponent will hire a contractor to construct the paving improvements. The proponent or contractor will apply for the permit in the office of the City Engineer. C. The total cost of constructing the improvements will be paid by the proponent to the contractor. There will not be a fee charged by the City for the permit. However, the proponent will be charged a fee for City services involved in engineering, and/or testing and inspection as described in Chapter 24 of the Code of Ordinances. VIII. THOROUGHFARE STREETS A. In new subdivisions, the developer will be responsible for the cost of the curb and gutter and 16.5 feet of width of the thoroughfare or collector paving if adjacent to R-1 or R-2 residential zoned property and up to 27.5 feet of width of the thoroughfare or collector paving if adjacent to other than R-1 or R-2 zoned property. Property that has zoning limited to church or church related use will be treated as R-1 or R-2 residential zoned property. B. The City Council may appropriate funding for the City's share of thoroughfare paving costs upon determination that the thoroughfare paving improvements are needed. As a guide, the City Council may consider the following methods (in priority 210 Regular City Council Meeting August 28, 2003 Page 211 order) of securing funding needed for a specific thoroughfare paving project. These methods are: 1. Certificate of Obligation Bonds -Upon request of staff, developer, or property owner, the City Council may evaluate thoroughfare paving needs on a case -by -case basis to determine the urgency of issuing C.O. Bonds. 2 Street -Capital Project Funds -The City Council may choose to use unreserved funds or reallocate funds designated for another project within the Street Capital Projects Fund if deemed necessary. 3 The City Council may call a street improvement bond election. ADDITIONAL NOTES: 1. The City staff will continually pursue alternative federal and state funding sources, such as the Intermodal Surface Transportation Efficiency Act (ISTEA) or TEA 21, to finance the partial or total cost of thoroughfare paving projects. Any prepaid paving monies deposited by developers for these thoroughfares will be used for the City's participation in the cost of these projects. Assessment programs may be initiated for adjacent properties share of the cost on those properties that prepaid monies have not been deposited. 2. An assessment program may be initiated for thoroughfare paving and considered by the City Council upon request by staff, developers, individual Council members, etc. 3. The City Council will make final determination of whether or not to pave a thoroughfare based on the public necessity for the project. C. The developer will install the curb and gutter on the thoroughfare at the time of platting and will deposit his/her share of the cost of street paving in the City's prepaid paving escrow account. However, the thoroughfare can be constructed by the developer at the time of platting if the following conditions exist: 1. The City's participation in the cost of the thoroughfare does not exceed 30% of the contract amount and the unit prices in the contract are comparable with current bid prices on City contracts. 2. The City Council has appropriated funds for the City's share of the cost. Prepaid funds from other developers placed with the City for this length of the thoroughfare will be available for the City's portion of the cost. 3. That full width paving is constructed for a minimum of 1,000 linear feet of thoroughfare. 4. Either all of the adjacent properties for this length of thoroughfare shall have been developed with their paving prepaid or the developer shall reach agreements with the owners of the undeveloped properties for them to pay their share of the curb and gutter and street paving cost to the contractor at the time of construction. D. If the City cost, including prepaid funds for a requested length of a thoroughfare, exceeds 30% of the total cost, the City would then be required to bid and contract the paving improvements. In this case, the following criteria shall be required: 211 Regular City Council Meeting August 28, 2003 Page 212 1. If the total abutting properties have been developed or if the owners of abutting undeveloped properties are in agreement to pay their share of the thoroughfare cost, then: a. The proponent shall make a formal request of the City Council to dedicate available funds for the City's participation in the desired thoroughfare paving. b. At a minimum, 1,000 linear feet of full width thoroughfare paving will be considered. 2. If the adjacent properties have not been totally developed, but at least 50% developed, and agreements for owners of those undeveloped properties to pay their share of the paving costs cannot be reached, then: a. The proponent shall make a formal request of the City Council to initiate an assessment paving program for the thoroughfare paving if funding is available for the City's participation in the cost. b. At a minimum, a half -mile of full width thoroughfare paving will be considered unless reasonable limits of terminating the project less than one-half mile exist for this thoroughfare. IX. STRIP PAVING A. Strip paving is not considered standard, permanent paving, but only a temporary paving measure until full width paving with curb and gutter can be constructed. B. As a standard, strip paving will not be considered except for thoroughfare streets. All strip paving will require City Council approval. C. The City Council may initiate strip paving of an unpaved thoroughfare street if needed for access or traffic concerns if adequate funding exists. D. A developer, with City Council approval, may construct strip paving on an unpaved thoroughfare to provide paved access to his/her development or adjacent to their subdivision with the following considerations: 1. The developer can request the City Council fund the thoroughfare strip paving construction from the limits of his/her subdivision to the location of the nearest existing thoroughfare paving. However, should the funding not be approved by the City Council, the developer may construct the thoroughfare strip paving at his/her cost but no future compensation to the developer will be due from the City for the construction of this temporary paving. 2. The developer, immediately adjacent to the proposed subdivision, will either construct the full width thoroughfare paving (in accordance with paragraphs VIII-B or VIII-C) or construct temporary strip paving. Strip paving cost adjacent to a subdivision at the time of platting shall be borne by the developer with no compensation due to the developer from the City at the time of construction or any time in the future. The developer, if strip paving is constructed, will still be responsible for the construction of curb and gutter at the time of platting, and prepaying his/her thoroughfare paving cost for the future full width paving. E. Any strip paving approved by the City Council will be constructed by the developer for thoroughfares through the Subdivision paving 212 Regular City Council Meeting August 28, 2003 Page 213 method or by Street Use Permits. Assessment Paving and Resolution Paving methods which involve City participation in the cost of the improvements is intended for permanent full width paving, not temporary paving. F. The minimum design standard for strip paving a non -thoroughfare street unless otherwise approved by the City Council, will include a 24 foot wide paved strip with a 2 foot wide caliche base shoulder on each side. A minimum depth of twelve inches of subgrade preparation, a six inch depth of compacted caliche base and a one and one-half inch depth of asphaltic concrete surface will be required for this type strip paving. The details and materials of construction will conform to current residential street paving specifications and City ordinances. G. The minimum design standard for strip paving a thoroughfare designated street, unless otherwise approved by the City Council, will include a 24 foot wide paved strip with a 2 foot wide caliche base shoulder on each side. A minimum depth of twelve inches of subgrade preparation, a six inch depth of compacted caliche base and a one and one-half inch asphaltic concrete surface will be required. The details and materials of construction will conform to current residential street paving specifications and City ordinances. H. Should the City or a developer construct temporary strip paving along a designated thoroughfare street, the City or developer will construct temporary asphalt paving from existing paved streets or paved alleys to the edge of the new strip paving. The City will maintain these temporary paved tie-ins in the future thoroughfare paving area. The construction and maintenance of any temporary paving tie-ins (connecting driveways) from private driveways to the strip paving will be the responsibility of that abutting property owner. Any new development that occurs after the thoroughfare strip paving has been constructed will be responsible for the construction and maintenance of their temporary paved connecting driveway tie-ins from the curb or their property to the edge of the strip paving. These temporary tie-ins will be required through the building permit of this new development. I. The City will not construct or maintain any connecting driveways from the property to the edge of the strip paving on any non - thoroughfare streets. The abutting property owner will be responsible for the construction and maintenance of these connecting driveways. The abutting property owners authority to construct these driveways will be through a building permit. J. Approval of a connecting driveway to strip paving shall conform to one of the following criteria: 1. The elevation of the driveways shall follow the grade of the ditch, except that the lowest elevation of the driveway may be a maximum of two inches higher than the flowline of the ditch. 2. If the ditch has sufficient depth, the owner may use an approved circular or arch pipe culvert under his/her driveway. The pipe will have a minimum diameter of 24 inches if circular. If an arch pipe is used, the equivalent minimum diameter shall be24 inches. The property owner will be responsible for furnishing and installing any pipe culverts for non-residential properties. The property owner will be responsible for furnishing the pipe for residential driveways but may request the City's Street Department perform the installation. The City's Street Department will approve the grade of all pipe culverts. 213 Regular City Council Meeting August 28, 2003 Page 214 X. ACCEPTANCE OF PRIVATE STREETS AS PUBLIC STREETS A. This section relates to the dedication of an existing paved or otherwise improved private street or drive as a public street. These private streets would typically be included in a subdivision plat designating these drives or streets as private. B Acceptance of private streets as public will require City Council approval. C. Consideration of this dedication of a private street will be based on meeting the City's standard design criteria for that type of street. If the street does not meet standard right-of-way width requirements, paving width standard requirements, typical curb and gutter design requirements, or the pavement surface or base depth standard requirements, the proponent, in their dedication request to the City Council, will outline the measures they intend to take in providing that their street will meet minimum design standards. Any such measures, such as reconstruction, widening, overlays, or replacements shall be performed prior to the official acceptance of this private street as a public street. D. Should dedication of a private street in poor condition be requested, certain rehabilitation and maintenance measures shall be required prior to acceptance of that street. Failures shall be repaired, and an overlay or one course or two course seal coat may be required, depending on the condition of the pavement surface, prior to dedication. E. All costs necessary to provide that the private street meet minimum standards necessary for dedication as a public street will be paid by the proponents of this request prior to acceptance of the dedication. XI. POLICY A. This policy is intended to be in conformance with State Laws, the City Charter, and City Ordinances on this subject of paving streets and alleys within the City of Lubbock and will be utilized and construed in accordance therewith. However, in case of conflict, State Law and/or the City Charter and City Ordinances shall take precedence over this Resolution. Passed by the City Council this 28th 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, City Engineer APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney The Paving Policy is currently being considered for revision due to recent problems of assessing a share of the paving cost to the abutting property owners. Possible revisions to the Paving Policy were discussed in Council Work Session on July 10, 2003. State law mandates a paving assessment 214 Regular City Council Meeting August 28, 2003 Page 215 cannot exceed the enhancement value to the adjacent property being assessed. In recent years it has typically been discovered that the enhancement value is a fraction of the actual cost to construct the paving improvements. Prior City Councils have expressed their belief that the primary benefit of paving improvements is to the abutting properties. Therefore the majority of the costs should be borne by the owners of abutting properties, specially in cases dealing with alley paving. This revision would only consider assessment paving initiated by the City for thoroughfare or collector paving, or for other street or alley paving improvements needed because of traffic, drainage, or maintenance needs. There are no provisions for property owners to petition to have their street or alley paved through an assessment -paving program. The options remaining for property owners to pave their unpaved street or alley are Resolution Paving (where the City will participate in 10% of the paving cost) and Street/Alley Use Permits where the owners pay 100% of the cost. Both of these methods have either 100% of the owners agreeing to pay their share, or the owners in favor of paving must pick up the share of costs for those owners that will not participate. There are no provisions for the City to finance the property owners' share of the cost. Other changes of note in the proposed policy revisions are: (1) In the sections pertaining to Assessment Paving, New Subdivision Paving, and Thoroughfare Paving, written clarification was added in the way staff should handle the paving participation of church property. Churches will be handled as residential property in calculating their paving participation requirements. In the past, churches were allowed uses in residential zoned property. Current zoning requires more restrictive zoning districts. Paving requirements, by policy, are different for properties zoned other than R-1 or R-2. (2) Interest rate for properties being assessed is established at one per cent over Wall Street Prime Rate. City Council discussed and directed this to be changed during the Milwaukee assessment public hearing. The maximum interest is eight per cent, or the interest paid by the City on its most recent general obligation bonds, whichever is greater (by State law). (3) Owners of unplatted property of a street on an assessment -paving program can delay their payment until they plat their property. This delay is with a zero interest charge. Council also directed this change at the Milwaukee assessment public hearing. FISCAL IMPACT: Exact fiscal impact will be difficult to identify. There will be less City participation on paving of unpaved streets and alleys. There will not be an assessment paving process for normal paving requests. The City will still have a 10% participation in costs on Resolution Paving. It is anticipated there will be fewer paving requests since 100% property owner participation will be required. The lower interest rate on assessment programs the City does perform will likely have a minimal impact. Council did want to set this rate at a comparable rate to market. Delay of assessments on unplatted property may have an impact on the specific project being paved. Each project will be different and that impact will depend on how much unplatted property abuts the street and how long it may stay unplatted after the paving is completed. Staff recommended approval of this resolution. 215 Regular City Council Meeting August 28, 2003 Page 216 Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO352 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. PUBLIC WORKS EnIZineerin (67.) Resolution No. 2003-RO353 authorizing the Mayor to execute an amendment to the contract with Texas Water Development Company, LLC (dba Water Texas) for expanded consulting services for an additional $35,000 of consultant services under the existing contract. RESOLUTION NO. 2003-RO353 WHEREAS, by Resolution Number 2003-R0113 (the "Resolution"), dated March 5, 2003, the city Council of the City of Lubbock entered into a Contract for consulting services with Texas Water Development Company, LLC; and WHEREAS, the city Council of the City of Lubbock desires to amend the Resolution to expand the Contract's scope of work, including developing additional annual yield estimates for the City's water supply resources, consulting with the Lubbock Water Advisory Commission, and advising the City with regard to its decision to ensure the preservation of the City's use and control of its developed water; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT Resolution Number 2003-R0113 is amended by adding the First Amendment to Contract. Said Amendment to 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. 2. Except as expressly amended hereby, Resolution Number 2003-RO113 shall remain as originally provided. Passed by the City Council this 28th day of August, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Director of Public Works APPROVED AS TO FORM: /s/ Anita Burgess Anita Burgess, City Attorney A copy of the Amendment to Contract is filed with Resolution No. 2003-R0353. Water Texas is performing an evaluation of the City of Lubbock's water resources. They have proposed an amendment to the scope of services that includes the following major items: 1. Advising the City of Lubbock on matters related to the continuing use and control of its developed water resources. 2. Constructing a reservoir operations model for the Canyon Lakes System to determine the firm annual yield. 216 Regular City Council Meeting August 28, 2003 Page 217 3. Advising the City of Lubbock's Water Advisory Commission at a maximum of four workshops. Their current contract price is $90,000. This amendment will increase the contract price to $125,000. FISCAL IMPACT: This amendment will increase the Public Works Engineering (cost center 6211) budget by $35,000. Staff presented this to the Council for their direction. Motion was made by Council Member Boren, seconded by Council Member Morrison to pass Resolution No. 2003-RO353 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Gilbreath recused himself. (68.) Resolution No. 2003-RO354 modifying the original resolution establishing the Lubbock Water Advisory Commission to include a staff liaison from the City Attorney's office. RESOLUTION NO.2003-RO354 WHEREAS, by Resolution Number 2003-RO285 (the "Resolution"), dated July 24, 2003, the City Council of the City of Lubbock established the Lubbock Water Advisory Commission to review and evaluate various water and wastewater related issues; WHEREAS, the City Council of the City of Lubbock desires to amend the Resolution to provide for the appointment of a liaison by the City Attorney; WHEREAS, the Lubbock Water Advisory Commission review of the water and wastewater related matters described in the Resolution, as amended hereby, 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 Resolution Number 2003-RO285 is amended by deleting paragraph 2 thereof in its entirety and substituting the following: 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 and the City Attorney of the City of Lubbock shall each appoint one (1) City employee to act as liaisons to the Commission. 2. Except as expressly amended hereby, Resolution Number 2003-R0285 shall remain as originally provided. 217 Regular City Council Meeting August 28, 2003 Page 218 Passed by the City Council this 28th day of August, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook Director of Public Works APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, First Assistant City Attorney Council requested this amendment to the enabling resolution. It allows the City Attorney to designate a staff representative to the Advisory Council. Currently, the City Manager is designated to appoint one staff representative. Staff presented this to Council for their direction. Ches Carthel, Chief Engineer, Water Utilities, gave staff comments. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2003-RO354 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Gilbreath was away from the dais. The next item considered was Item 70. (69.) Resolution No. 2003-110349BI1) #122-03BM —Relocate Water Supply Lines Ahead of Marsha Sharp Freeway Project. (Public Works Engineering). This item was considered following Item 62. RESOLUTION NO.2003-RO349 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 to relocate water supply lines ahead of freeway project, Bid #122-03/13M, by and between the City of Lubbock and D & D Cable Services, Ltd, 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. 218 Regular City Council Meeting August 28, 2003 Page 219 Passed by the City Council this 28th day of August, 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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 28th 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 D&D Cable Services, Ltd., 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 #122-03/13M - RELOCATE WATER SUPPLY LINES AHEAD OF FREEWAY PROJECT - $903,526.23 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. 219 Regular City Council Meeting August 28, 2003 Page 220 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Owner's Representative APPROVED AS TO FORM: /s/ John M. Knight City Attorney ATTEST: Corporate Secretary /s/ Michelle R. Ramon CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: D&D Cable Services, Ltd. By: /s/ Terry L. Taylor PRINTED NAME: Terry L. Taylor TITLE: President COMPLETE ADDRESS: D&D Cable Services, Ltd. 12302 FM 1730 Lubbock, TX 79424 This project is a part of the utilities relocation in advance of the Marsha Sharp Freeway Project and involves the relocation of two 24-inch diameter water lines that supply water to City pumping station #7 at 29`h Drive and U.S. 62/82. These pipes will be re -located from 18`h Street and Raleigh along the north side of the freeway project to the existing pumping facility. The existing pipes will be abandoned in place. This project is a requirement of the Texas Department of Transportation (TxDOT) Utility Accommodation Policy. The existing water supply system to City pumping station #7 will be in conflict with this TxDOT Policy. This project will have a minimal impact on the maintenance and operation budgets of the water department. Seventy-five local businesses were notified of the Invitation to Bid. Time for completion of this project is 120 calendar days and liquidated damages is $500 per day. The low bid from D&D Cable Services of Lubbock, Texas is not being recommended for contract award due to unfavorable references involving the type of work to be performed on this project and due to insufficient experience with the project scope of work. References of D&D Cable Services for telecommunications cable and fiber optic type work were all pleased with the work performed by this bidder. FISCAL IMPACT: A total of $2,475,000 was appropriated and $1,600,000 is available in project number 9742 (Water lines ahead of Marsha Sharp Freeway) for this purpose. Award bid to Rink's Lease Service, Inc. of Levelland, Texas, for $925,605, or such alternative action as the City Council may deem appropriate. Chester Carthel, Chief Engineer, Water Utilities, gave staff comments. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to amend Resolution No. 2003-R0349 and award to low bidder, D&D Cable Services of Lubbock, Texas. Motion carried: 5 Yeas, 1 Nay. Council Member Hernandez voted Nay. Council Member Martin was away from the dais. 220 Regular City Council Meeting August 28, 2003 Page 221 11:17 A. M. CITY COUNCIL RECESSED. The next item considered was Item 52. Water Laboratory (70.) Resolution No. 2003-110355/13I1) #050-03/RW — for Water Treatment Lab Equipment (Water Process Control Lab). This item was considered following Item 68. RESOLUTION NO.2003-RO355 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for water treatment lab equipment, ITB #050-03/RW, by and between the City of Lubbock and Agilent Technologies, Inc., of Wilmington, DE., 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 28th day of August, 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 Purchase Order is filed with Resolution No. 2003-R0355. This bid is for the purchase of two gas chromatograph/mass spectrometers (GS/MS) at the Drinking Water Treatment Laboratory. One of these instruments will replace an existing gas chromatograph that is used to monitor volatile organic compounds, including total trihalomethanes (disinfection by-products). The other instrument will be used to monitor for semi -volatile compounds and pesticides, and replace an existing GC/MS. The existing instruments are ten years old. During this time, technology has improved and instruments now available allow more sensitive, more accurate, and faster detection of contaminants. Repair/replacement parts for the existing instruments become more difficult to obtain as manufacturers cease to support those models. Loss of these instruments would impair the lab's ability to detect contaminants in the Source Water and the Distribution System. Failure to detect these contaminants could endanger public health and/or cause the City to be out of compliance with TCEQ/EPA drinking water regulations. Bids were received from the following companies: • Varian, Walnut Creek, CA • Shimadzu Scientific Instruments, Houston, TX 221 Regular City Council Meeting August 28, 2003 Page 222 • Perkin Elmer, Shelton, CT • Agilent Technology, Wilmington, DE • Thermo Finnigan, San Jose, CA The evaluation Committee included Elizabeth McLeister, Water Treatment Laboratory Coordinator, Fekade Girma, Water Treatment Laboratory Chemist, and Tony Flores, Water Treatment Laboratory Chemist. The Committee members evaluated the bids in order to determine the bidder who provides a system at the best value for the City, using the following criteria: • The purchase price The reputation of the bidder and of the bidder's goods and services • The quality of the bidder's goods and services • The extent to which the goods or services meet the City's needs • The bidder's past relationship with the City The impact on the ability of the City to comply with laws and rules relating to contracting with Historically Underutilized Businesses and non-profit organizations employing persons with disabilities The total long-term cost to the City to acquire goods or services Any relevant criteria specifically listed in the Invitation to Bid The Committee evaluated the bids and weighed the following information in its decision: Varian Bid #1 (1200 Single Quad — 3800 GC/MS) a. The Committee believes the price is unreasonably high relative to the current GC/MS market. b. The price is significantly beyond the budget allocated for these two instruments. C. This instrument is not commonly used in environmental or municipal laboratories. 2. Varian Bid #2 (Saturn) This instrument does not meet specifications. The bid specifies quadruple mass spectrometers, and this instrument is an ion trap mass spectrometer. 3. Shimadzu Bid #1 (QP2010) a. This instrument is new to the market, released in December 2002, and is not market tested. b. The vendor was not able to provide any references on this instrument (see Table 2). C. Late in the bid evaluation process, the sales representative and his manager indicated that this instrument is too sensitive for the Water Treatment Laboratory's applications and asked us to only consider option 2 (Shimadzu bid #2). This statement disqualifies the QP 2010 from further consideration. 4. Shimadzu Bid #2 (QP5000) a. Does not meet the specified user -defined wide range ionization voltage. The QP5000 has fixed 70eV ionization energy. b. In general, the reference ratings for the QP5000 were from fair to excellent. However, despite their overall good ratings, some references hesitated to recommended this 222 Regular City Council Meeting August 28, 2003 Page 223 instrument. In private, they indicated that if cost is not a limiting factor to purchase a different vendor's product. One reference rated tuning, installation, training, and software as poor. These comments have resulted in an unfavorable rating of this instrument. C. Shimadzu is not commonly used in municipal laboratories (see Table 2). Because of this, the Committee was not able to get adequate information from municipal labs using EPA methods for drinking water and wastewater, and therefore were unable to determine the performance of this instrument. d. Despite the low price, Shimadzu is not commonly used and does not have a good market share in the GUMS arena. Shimadzu has an 8% share of the GUMS market according to the 2002 and 2003 American Laboratory/PittCon Survey (see Table 4). e. The Committee conducted a survey of randomly selected EPA certified privately owned environmental laboratories. This survey revealed that none of the private labs surveyed own Shimadzu GUMS systems (see Table 3). Since private labs are profit -oriented, they purchase products that deliver quality goods and services at the best value. That none of the private labs had this vendor's products cast some doubt about the quality of goods and services from this vendor. 5. Perkin Elmer (Clarus500) a. This instrument is new to the market, released in September 2002, and is not market tested. b. The Committee requested references using the Clarus500 in municipal and environmental laboratories. Perkin Elmer did not provide enough references for this instrument in these laboratories for the Committee to make a valid evaluation (see Table 2). C. Reference ratings were good to excellent. However, most of the references were using an older model (Turbo mass) instrument and their applications were not relevant to the Water Treatment Lab's needs (see Table 2). d. Perkin Elmer's share of the GUMS market was 13% in 2003, according to the American Laboratory/PittCon survey (see Table 4), indicating that the Perkin Elmer GUMS is not a popular instrument. Popularity of a product reflects on its quality and value. e. The Committee's survey of randomly selected EPA certified privately owned environmental laboratories indicated that Perkin Elmer's GUMS systems are rarely used (see Table 3). This again reflects the lower quality of goods and services provided by Perkin Elmer as compared to other vendors. 6. Thermo Finnigan (TraceDSQ) a. This instrument is also new to the market, released in June 2002, and is not market tested. b. The Committee requested references using the TraceDSQ in municipal and environmental laboratories. Thermo Finnigan did not provide enough references for this instrument in these laboratories for the Committee to make a valid evaluation (see Table 2). 223 Regular City Council Meeting August 28, 2003 Page 224 C. Reference ratings were good to excellent. However, most of the references were for the older model GUMS and applications were not relevant to our needs (see Table 2). Thermo Finnigan systems are mostly used in biological and pharmaceutical labs. Some references reported that the software data reduction and custom reporting is so poor that they have to use a third party's software to perform these functions. d. Thermo Finnigan's share of the GUMS market was 13% in 2003, according to the American Laboratory/PittCon survey (see Table 4), indicating that this vendor's product is not widely used. Popularity of a product reflects on its quality and value. e. The Committee's survey of randomly selected EPA certified privately owned environmental laboratories indicated that Thermo Finnigan's GUMS systems are rarely used (see Table 3). This again reflects the lower quality of goods and services provided by Thermo Finnigan as compared to other vendors. f. The Water Treatment Laboratory currently has a Thermo Finnigan (formerly Fisons) GC. Staff had difficulty reducing the instrument's background noise level to the required operating level because of the poor design of the inlet system on the GC. Training and installation services were poor. Staff are also not satisfied with the software and technical support provided by this vendor. 7. Agilent $156,401.50 (6890N/5973) a. Agilent provided 13 references using the GUMS system in their bid (see Table 2). The reference ratings were good to excellent. None of the references expressed negative comments or had experienced major problems with this system. b. All of the references provided were municipal or environmental labs performing EPA methods relevant to the Water Treatment Lab's applications. These labs included the City of Amarillo, the State of Oklahoma, the City of Fort Worth, the City of Arlington, the City of Tulsa, the City of Garland, the City of Okalahoma City, and the Trinity River Authority laboratories. These laboratories perform EPA methods on the instruments for drinking water and wastewater quality analyses. The wide spread use of Agilent's products indicates quality of its products. C. Agilent's share of the GUMS market was 49% in 2003 according to the American Laboratory/PittCon survey (see Table 4), indicating Agilent GUMS popularity. Popularity of a product reflects on its quality and value. d. The Committee's survey of randomly selected EPA certified privately owned environmental laboratories indicated that Agilent GUMS systems are widely used, with 45 instruments in use at these laboratories (see Table 3). Private labs are profit -oriented; they purchase products that deliver quality goods and services at the best value, and Agilent is the leading product in environmental laboratories, reflecting the superior quality of goods and services they provide. e. The Water Treatment Lab currently has one Gas Chromatograph and one Gas Chromatograph/Mass Spectrometer from Agilent Technologies (formerly HP). 224 Regular City Council Meeting August 28, 2003 Page 225 These instruments have been in use for ten years with very little down time. This vendor has been responsive to requests for technical support, training, and replacement parts. The lab has not needed to do major repair on these instruments. Maintenance costs on these instruments have been minimal, mainly consisting of replacing consumables. The software Agilent is currently using is a newer version of the software on our current instruments. This makes transitioning to new instrumentation much smoother and reduces training time, thereby allowing the lab to become fully operational very quickly. The Committee concluded that Agilent's bid best meets the goods or services at best value for the City of Lubbock. This conclusion is based on the number of references provided from environmental and municipal labs, the number of these labs using specified methods, the overall favorable reference ratings, our experience with Agilent products and services, the low cost to maintain and utilize Agilent products that staff have experienced, our familiarity with the software and hardware, Agilent's domination of the GUMS market, and the figures from our survey that show Agilent's saturation of the market. FISCAL IMPACT: A total of $375,000 was appropriated and $374,000 is available in project number 90275 (Lab Equipment Replacement) for this purpose. Award bid to Agilent Technologies, Inc. of Wilmington, DE for $156,401.50, or such alternative action as the City Council may deem appropriate. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass Resolution No. 2003-RO355 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Martin was away from the dais. (71.) Consider one appointment to the Community Development and Services Board. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to appoint Jody Jenkins to the Community Development and Services Board. Motion carried: 6 Yeas, 0 Nays. Council Member Martin was away from the dais. (72.) Consider one appointment to the Community Relations Task Force. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to Appoint Andrea Rangel to the Community Relations Task Force. Motion carried: 6 Yeas, 0 Nays. Council Member Martin was away from the dais. (73.) Consider nine appointments to the Lubbock `'Water Advisory Commission. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to appoint John Abernathy, L. E. Anderson, Suzanne Baker, H. P. (Bo) Brown, Abel Castro, Jim Collins, Jim Conkwright, Mike Liner and Ron Phillips to the Lubbock Water Advisory Commission. Motion carried: 6 Yeas, 0 Nays. Council Member Martin was away from the dais. (74.) Consider three appointments to the Reese Redevelopment Authority. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to appoint John Tye and Dr. M. Roy Wilson to the Reese Redevelopment Authority. Motion carried: 6 Yeas, 0 Nays. Council Member Martin was away from the dais. 225 Regular City Council Meeting August 28, 2003 Page 226 Motion was made by Council Member Patterson, seconded by Council Member Morrison to Appoint Delbert McDougal to the Reese Redevelopment Authority. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. Council Member Martin was away from the dais. (75.) Consider one appointment to the Urban Design/Historic Preservation Commission. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to Appoint Gary Smith to the Urban Design/Historic Preservation Commission. Motion carried: 6 Yeas, 0 Nays. Council Member Martin was away from the dais. (76.) Consider one appointment to the Zoning Board of Adjustment. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to Appoint Elizabeth Lonngren to the Zoning Board of Adjustment. Motion carried: 6 Yeas, 0 Nays. Council Member Martin was away from the dais. 3:14 P. M. WORK SESSION CONVENES City Council Chambers All council members were present except Council Member Martin. Mayor McDougal called the meeting to order at 3:14 A. M. (77.) Discussion of the method and funding for sanitary sewer service to a proposed apartment complex by the Lubbock Housing Authority. Situation. The Lubbock Housing Authority (LHA) is proposing to construct a 184-unit apartment complex. The proposed location is a 10.5- acre tract at the southeast corner of 82°d Street and Avenue U. It is the first phase 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 more than the first phase of the proposed development and future development west of Avenue U. The Lubbock Housing Authority seeks City funding or financing of the sewer service to the tract. Service Options. Options available to provide sanitary sewer service are as follows: 1. An onsite lift station owned and operated by the Owner/Developer at the site for an estimated cost of $45,000. 2. Extension of a deep line from 98th Street at an estimated cost of $281,300 (materials are estimated to cost about $100,000) owned and maintained by the City of Lubbock. Funding Options. If an onsite lift station is selected, it is typically the responsibility of the developer to fund, operate, and maintain the station. If the site is served by a trunk line from 981h Street, funding options include the following: 1. Owner/Developer funded. 2. City funded. 3. Combination of Owner/Developer and City funded. The Owner/Developer typically funds most water and sanitary sewer projects that involve commercial or residential development within the City of Lubbock. However, the other two options are also used under specific circumstances. Financing Options. Options for financing include: 226 Regular City Council Meeting August 28, 2003 Page 227 1. Owner/Developer. 2. City financed. 3. Combination of Owner/Developer and City. Traditionally, the Owner/Developer of a project arranges for financing through a private institution. The city finances projects through bond sales or cash. The City also provides a financing option for single family, owner occupied residences. Water and sanitary sewer projects can be financed for up to 36 months at six percent interest. The owner must pay 15 percent of the construction cost up front and make a minimum monthly payment of $10. To make this option available to others (governmental entities or commercial developers), it would be necessary to modify the Pro Rata ordinance. FISCAL IMPACT: If the Council decides not to participate in either funding or financing this project, there is no fiscal impact. If the Council decides to participate in the funding or financing of this project, then there will be a $281,300 impact on the sewer fund. Staff recommendations are as follows: 1. Service Options: A sanitary sewer trunk line from 98`h Street that would provide service to a larger area and have lower annual operation and maintenance costs. 2. Funding Options: At the Council's direction. If the Council determines that it is within the City's best interest to fund this project, then staff recommended funding from existing capital projects. 3. Financing Options: At the Council's direction. If the Council determines that it is within the City's best interest to finance this project, then staff recommended consideration of a modification of the Pro Rata ordinance. Max Tarbox, Chairman of the Lubbock Housing Authority Board, gave a presentation . Dub Mantooth, a local developer, also spoke. Oscar Jones, Director, Lubbock Housing Authority, made comments. Council Member Martin returned to the dais. Council Member Gilbreath stated this was not `low-income housing' as reflected in Item 14 - August 6, 2003 Regular City Council Minutes and therefore these minutes were incorrect. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to reconsider Item 14. Motion carried: 5 Yeas, 0 Nays. Council Members Hernandez and Morrison were away from the dais. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to amend Item 42 of the August 6, 2003 Regular City Council Minutes to read as follows: "The Lubbock Housing Authority (LHA) is proposing to construct a 184-unit apartment complex for market rate development." Motion carried: 5 Yeas, 0 Nays. Council Members Hernandez and Morrison were away from the dais. (78.) Presentation regarding the Ports -to -Plains Trade Corridor, by Kevin Evans, President. This item was deleted. 227 Regular City Council Meeting August 28, 2003 Page 228 (79.) City Council meeting dates for October, November, and December, 2003 (Mayor and City Council). Mayor McDougal read the following City Council meeting dates for October through December: October 9 - Regular City Council Meeting 22 - Work Session 23 - Regular City Council Meeting November 5 - Work Session 6 - Regular City Council Meeting 7 - Canvassing of Votes (20-30 Minutes) 20 - Regular City Council Meeting December 8 - Regular City Council Meeting 17 - Work Session 18 - Regular City Council Meeting 4:17 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 5:15 P. M. CITY COUNCIL REGULAR SESSION RECONVENED 5:15 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pro Tern Hernandez adjourned the meeting. Read and approved this2q day of ' , 2005. ATTEST: 1 'Q 0 zp -.- 'Z -C' - 5-�� Re ecca Garza, City Secretary 228