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Home My WebLink AboutMinutes - City Council - Regular - 9/18/2003REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 11:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 18th day of September, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 11:30 A. M. 11:32 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Council Member Jim Gilbreath, Council Member Tom Martin and Council Member Frank W. Morrison Absent: Council Members Gary Boren, Victor Hernandez and T. J. Patterson CITIZEN COMMENTS ( 1.) Steve Orsak and others asked to appear to discuss BID #067-03/RS for Lou Stubbs Ball Field and Skate Park Lighting Materials. No one was present. Two citizens expressed comments to the Council. They were: (1A.) Isidro Gutierrez spoke concerning the City Manager position. ( 1B.) Gene Gilliam, Horizon Flags, spoke requesting the status of tent permits. Mayor McDougal stated that since this item was not on the agenda, Council could not comment. He referred Mr. Gilliam to Nancy Neill, Assistant to City Council, for assistance. Council Member Hernandez arrived. EXECUTIVE SESSION Mayor McDougal stated: "City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to personnel, competitive matters of the public power utility, pending or contemplated litigation, the purchase, exchange, lease or value of real property, and to review certified agenda from the prior executive session as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 11:40 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present, except Council Member Patterson. (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding operation, financial and capital statements and budgets, revenue and expense projections, strategic and business plans and studies of Lubbock Power and Light; 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 and deliberate and vote on a competitive matter regarding fuel hedging/risk management strategies and policies of Lubbock Power and Light; Regular City Council Meeting September 18, 2003 Page 256 to deliberate, vote and take final action on a competitive matter regarding natural gas supply, service and transportation contracts by the City of Lubbock; 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. (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Fire Department, Police, Right -of -Way, Streets, Water Utilities). (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Board of Electrical Examiners Libraries Board Lubbock Water Advisory Commission Neighborhood Redevelopment Commission Planning and Zoning Commission Public Transit Advisory Board Structural Standards Commission Urban Design/Historic Preservation Commission West Texas Municipal Power Agency (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 (E.T.J./Annexation). (7.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.103, to review certified agenda from the prior executive session (City Secretary). 1:40 P. 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 T. J. Patterson; Tommy Gonzalez, Interim City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Council Member Frank W. Morrison Mayor McDougal called the meeting to order at 1:40 P. M. ( 8.) Invocation by Pastor Paul Cunningham, Senior Pastor of Westminster Presbyterian Church. (9.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. Council Member Morrison arrived. BOARD APPOINTMENTS RECOGNITION Community Development and Services Board Receiving: Jody Jenkins (unable to attend) Community Relations Task Force Receiving: Andrea Rangel 256 Regular City Council Meeting September 18, 2003 Page 257 Lubbock Water Advisory Commission Receiving: Dr. John Abernathy L. E. Anderson Suzanne Baker (unable to attend) H. P. (Bo) Brown, Jr. Abel Castro Jim Collins (unable to attend) Jim Conkwright Mike Liner Ronald Phillips Reese Redevelopment Authority Receiving: Dr. M. Roy Wilson (unable to attend) Urban Design/Historic Preservation Commission Receiving: Gary Smith Zoning Board of Adjustment Receiving: Elizabeth Lonngren CITIZEN APPEARANCES (10.) Presentation of Special Recognition to Wayland Baptist University to commemorate September 18, 2003, as Wayland Baptist University Lubbock Campus Day. Wayland Baptist University has been serving adults in Lubbock for the past thirty years. During this time, over 2,500 students have graduated from the Lubbock Campus. Currently, over 700 tax -paying adult students are enrolled in bachelor and master degree programs at this site and almost 100% of these students work in the Lubbock area. More than 75% of Wayland Baptist University graduates remain in our community as valuable, contributing citizens. Council Member Tom Martin requested that this item be on the agenda Dr. Kent Brooks, Dean, and Dr. Paul Armes, President, of Wayland Baptist University were present to accept the Special Recognition to Wayland Baptist University commemorating September 18, 2003, as Wayland Baptist University Lubbock Campus Day. Council Member Martin assisted Mayor McDougal with this presentation. CONSENT AGENDA (Items No. 11-35 Motion was made by Council Member Hernandez, seconded by Council Member Gilbreath to approve Items 11, 12, 14-26, 31, 33, 35 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. (11.) Approval of Minutes: August 28, 2003 Regular City Council Meeting September 4, 2003 Regular City Council Meeting (12.) ORDINANCE #2003-0008"11102 Richmond Avenue) —Abandoning and closing a 52-foot wide drainage easement located in Section 16, Block E-2 (second and final reading). The next item considered was Item 14. 257 Regular City Council Meeting September 18, 2003 Page 258 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. (13.) Ordinance No. 2003-00102 establishing Municipal Court Technology Fund and Technology fees (first reading). This item was moved from consent agenda to regular agenda and was considered following Item 35. ORDINANCE NO.2003-00102 AN ORDINANCE CREATING A MUNCIPAL COURT TECHNOLOGY FUND PURSUANT TO VERNON'S ANN.CODE OF CRIMINAL PROCEDURE ARTICLE 102.0172; AND PROVIDING A SAVINGS CLAUSE. Art. 102.0172 of Vernon's C.C.P. authorizes municipalities to establish a Municipal Court Technology Fund, and to charge defendants a technology fee on misdemeanor convictions as a means of collecting monies for such a fund. Initially, such a fund was proposed as a means of offsetting a line item in the Municipal Court budget to Clancy Systems (providers of electronic ticket writing equipment and software for parking enforcement). Since the initial proposal, two other issues have arisen that further enhance the need for the Technology Fund and fees. The Lubbock Police Department is in the process of converting their record keeping system from the City's mainframe (IT -supported) system to a PC -based commercial system. The IT department has advised Municipal Court that it will be necessary for Municipal Court to follow suit in the near future (18 months to 2 years). The cost of such a conversion is estimated to be in the neighborhood of $250,000. A technology fee, imposed now at the level of $3 per violation, should allow us to collect the funds necessary to pay for the conversion within the next 2-3 years. A third purpose for the technology fee would be to offset the IT charges that are allocated to Municipal Court's budget each year. The Fee would be charged on all misdemeanor violations except parking. FISCAL IMPACT: Clancy charges (annual): approx. $ 27,500 Cost of commercial court software/hardware system (hardware, software, installation/implementation) est. $ 250,000 IT charges (annual) $ 21,936 (2003-04) Estimated amount to be generated by Technology fees (based on amounts generated by existing security fee of $3 per violation): At $1 per violation $ 49,230 annually $2 per violation 98,460 annually $3 per violation 147,690 annually Fee could be lowered after costs of computer conversion have been accumulated. Council Member Gilbreath had asked this item to be pulled from consent agenda. He deferred to Interim City Manager Tommy Gonzalez, who stated that $1 would be changed to $4 on the fee. Note: this refers to changing the $3 per violation stated above to $4. 258 Regular City Council Meeting September 18, 2003 Page 259 Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to amend this item to read that $1 would be changed to $4 on the fee and pass on first reading Ordinance No. 2003-00102. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. The next item considered was Item 27. (14.) Resolution No. 2003-RO369 - a joint resolution of the City Council of the City of Lubbock and the County Commissioners of Lubbock County to adopt Guidelines and Criteria for Commercial Tax Abatement agreements in accordance with the Property Redevelopment and Tax Abatement Act. This item was considered following Item 12. RESOLUTION NO.2003-RO369 JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY TO ADOPT GUIDELINES AND CRITERIA FOR COMMERCIAL TAX ABATEMENT AGREEMENTS IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT. WHEREAS, there have been created three enterprise zones within the areas under the jurisdiction of the City of Lubbock and the County of Lubbock; and WHEREAS, in September/October of 2001, each of the above described entities approved uniform guidelines and criteria for the application of incentives within the designated enterprise zones; and WHEREAS, the guidelines and criteria approved will expire under the terms of the Property Redevelopment and Tax Abatement Act upon the second anniversary of their adoption; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY: THAT the City Council of the City of Lubbock and the County Commissioners of Lubbock County hereby approve and adopt Guidelines and Criteria Governing Tax Abatement for Commercial Projects within the designated City of Lubbock Enterprise Zones, which guidelines and criteria are attached as Exhibit "A" and are made a part hereof for all intents and purposes. These guidelines shall become effective upon expiration of the previously approved guidelines. THAT this Resolution in no manner effects additional local incentives which may be added or deleted by the various governing bodies during the life of the enterprise zones as required to obtain the best possible mix of incentives to insure the success of the enterprise zone program. 259 Regular City Council Meeting September 18, 2003 Page 260 Passed by the City Council this 18th day of September 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney, Interim Operations Officer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney Passed by the Lubbock County Commissioners this 22nd day of September, 2003. /S/ THOMAS V. HEAD TOM HEAD, COUNTY JUDGE ATTEST: /s/ Doris Ruff Doris Ruff, County Clerk APPROVED AS TO FORM: /s/ Beni Hemmeline Beni Hemmeline County Attorney A copy of the Exhibit "A" is filed with Resolution No. 2003-R0369. The criteria and guidelines for commercial tax abatement, by law, must be readopted every two years. The current guidelines were adopted by the City Council on September 27, 2001. City and Market Lubbock, Inc. staff are recommending one reference change. This is a minor change, which reflects a change to the correct reference in the law. FISCAL IMPACT: There will be no fiscal impact from the guidelines themselves. The fiscal impact will be from any tax abatements approved under these guidelines. Staff recommended approval this resolution. (15.) Resolution No. 2003-RO370 - a joint resolution of the City Council of the — City of Lubbock and the County Commissioners of Lubbock County to adopt guidelines and criteria for Industrial Tax Abatement agreements in accordance with the Property Redevelopment and Tax Abatement Act. 260 Regular City Council Meeting September 18, 2003 Page 261 RESOLUTION NO. 2003-RO370 JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY TO ADOPT GUIDELINES AND CRITERIA FOR INDUSTRIAL TAX ABATEMENT AGREEMENTS IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT. WHEREAS, in September/October of 2001, Guidelines and Criteria Governing Tax Abatement for all Taxing Units within Lubbock County were approved; and WHEREAS, the guidelines and criteria approved will expire under the terms of the Property Redevelopment and Tax Abatement Act upon the second anniversary of their adoption; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY: THAT the City Council of the City of Lubbock and the County Commissioners of Lubbock County hereby approve and adopt Guidelines and Criteria Governing Tax Abatement for all Taxing Units within Lubbock County, which guidelines and criteria are attached as Exhibit "A" and are made a part hereof for all intents and purposes. These guidelines shall become effective upon expiration of the previously approved guidelines. Passed by the City Council this 18th day of September 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney, Interim Operations Officer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Passed by the Lubbock County Commissioners this 22nd day of September, 2003. /S/ THOMAS V. HEAD TOM HEAD, COUNTY JUDGE ATTEST: /s/ Doris Ruff Doris Ruff, County Clerk APPROVED AS TO FORM: /s/ Beni Hernmeline Beni Hemmeline County Attorney A copy of the Exhibit "A" is filed with Resolution No. 2003-R0370. 261 Regular City Council Meeting September 18, 2003 Page 262 The criteria and guidelines for industrial tax abatement, by law, must be readopted every two years. The current guidelines were adopted by the City Council on September 27, 2001. City and Market Lubbock, Inc. staff recommended no changes to the guidelines. FISCAL IMPACT: There will be no fiscal impact from the guidelines themselves. The fiscal impact will be from any tax abatements that are approved under these guidelines. Staff recommended approval of this resolution. (16.) Resolution No. 2003-RO371 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a contract change No. 4 of an existing contract with the Texas Department of Health (TDH Document No. 7560005906 2004) for local public health support funds and any associated documents by and between the City of Lubbock and the Texas Department of Health. RESOLUTION NO.2003-RO371 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. 4 of an existing contract with the Texas Department of Health (TDH Document No. 7560005906 2004) for Local Public Health Support Funds and any associated documents by and between the City of Lubbock and the Texas Department of Health, a copy of which Contract Change No. 4 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 18th day of September, 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. 4 is filed with Resolution No. 2003-R0371. Contract Change No. 4 with the Texas Department of Health, TDH Document No. 7560005906 2004, includes both financial and direct assistance. This will provide preventive, health promotion and direct services in the areas of Laboratory Services, Sexually Transmitted Diseases (STDs), and Population -Based Services. Office of Public Health Practice (OPHP)/Local Public Health System (LPHS) (Attachment 05). No change from FY 02-03. The $93,162 in financial assistance provides salaries and fringe benefits for three City employees and direct assistance equivalent to $25,392 for 262 Regular City Council Meeting September 18, 2003 Page 263 one State -paid employee. The one State -paid nurse's services are available at no cost to the City. However, this will be the last year that funding for this nurse will be available as direct assistance. The State has given notice to convert these existing state -paid employees assigned in local health departments to city or county -paid positions as those state -paid employees vacate their positions through separation or retirement. It is TDH's intention to convert this state -position by the end of August 31, 2004 (FY05) at which time any incumbent employee under the current arrangement will cease to be on the state payroll. The State is giving the City and those employees a little over one full year's notification to allow ample time to prepare for this transition. The nurse funded as direct assistance works full-time in the sexually transmitted disease program. Of the four employees covered under this contract, two work in the S.T.D. program, one works in the laboratory, one in works in Health Education. This attachment supports comprehensive public health services that are consistent with the Health Department Mission Statement. This attachment supports developing a functional and effective public health system with the specific goal of improving public health capacity to respond to both emerging and continuing public health threats. The Sexually Transmitted Disease Program is designed to stop the spread of disease by tracking down the partners of those diagnosed with sexually transmitted diseases and either treating them or referring them to another clinic or physician. FISCAL IMPACT: The total assistance amounts to $118,554.00 ($93,162.00 in financial assistance and $25,393 in direct assistance). The total Contributions to Grants in the General Fund is estimated to be $30,033.33 for FY 03-04. These programs fulfill the Core Missions of Public Health —those of Surveillance, Prevention, Health Education, and Laboratory support. — 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. (17.) Resolution No. 2003-RO372 authorizing the Mayor to execute the necessary SFY 2004 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support West Texas Library System (WTLS), the Technical Assistance Negotiated Grant (TANG) and the Interlibrary Loan Grant Program (ILL). RESOLUTION NO.2003-RO372 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 one (1) Library System Operation Grant Agreement, one (1) Technical Assistance Negotiated Grant Agreement and one (1) Interlibrary Loan Center Grant by and between the City of Lubbock and Texas State Library and Archives Commission, and all related documents. Said Agreements are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 263 Regular City Council Meeting September 18, 2003 Page 264 Passed by the City Council this 18th day of September, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Jane Clausen Jane Clausen, Library Director APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Agreements is filed with Resolution No. 2003-R0372. The West Texas State Library System (WTLS) is a state funded grant program designed to improve library service programs in a 29 county area. WTLS is one of ten programs established under the Library Systems Act, 1969, and is administered by the Texas State Library and Archives Commission. The WTLS service program, funded totally by the State of Texas, is comprised of various elements designed to improve and expand the service programs of the libraries, which are members of the system. Also, the system encourages the establishment of public libraries in communities, which do not have library services. At the end of the current state fiscal year (SFY 2003), 35 libraries were qualified for membership. The Lubbock Public Library was designated as the Major Resource Center, or headquarters, for the WTLS program as of September 1, 1974. This year is the 315` annual such contract renewal. As the Major Resource Center, the Lubbock Public Library also serves as the headquarters for the ILL grant program and the Technical Assistance program. The ILL Center locates and requests materials for all public libraries, community college libraries, and special libraries within the 29 county -area served by WTLS. The Technical Assistance program funds the hiring of a full-time Technical Advisor for public libraries in the WTLS service region. The Technical Advisor will provide training and technological assistance to all of these area libraries. These three programs are fully funded by the State of Texas and the City has no responsibility or obligation in the event that funds are not appropriated or provided. The Texas State Library and Archives Commission contracts with the City of Lubbock and Public Library for housing of staff and implementation of the service program components. FISCAL IMPACT: The City of Lubbock will receive compensation of 9.03% of direct charges to reimburse the cost of fiscal administration of the grant. The West Texas Library System Grant Contract #470-04009 is for $344,067. The Interlibrary Loan Grant Contract #771-04044 is for $66,653. The Technical Assistance Negotiated Grant Contract #476-04019 is for $80,000. 264 Regular City Council Meeting September 18, 2003 Page 265 Staff recommended approval of this resolution. (18.) Resolution No. 2003-RO373 authorizing acceptance of water and sanitary sewer improvements for Lots 731-769, Westchester Park Addition to the City of Lubbock, Lubbock County, Texas, between Kline and Milwaukee Avenues and 4th and 8th Streets. RESOLUTION NO.2003-RO372 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 one (1) Library System Operation Grant Agreement, one (1) Technical Assistance Negotiated Grant Agreement and one (1) Interlibrary Loan Center Grant by and between the City of Lubbock and Texas State Library and Archives Commission, and all related documents. Said Agreements are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 18th day of September, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Jane Clausen Jane Clausen, Library Director APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Agreements is filed with Resolution No. 2003-R0372. This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $58,219.31 and has a value of $41,189.04 as determined by the unit prices established by said Chapter 28. Cash paid to the City of Lubbock is $ 17,030.27 that includes $14,716.72 for adjacent mains. The developer, Craig Wallace Construction, will receive a refund of $16,734.61 in accordance with Chapter 28, of the Code of Ordinances of the City of Lubbock. There is no refund deposit. The subdivision is located between Kline and Milwaukee Avenues from 4th to 80 Street. FISCAL IMPACT: Negligible impact on Operational Maintenance. Staff recommended approval of this resolution. (19.) Resolution No. 2003-RO374 authorizing acceptance of water and sanitary sewer improvements for Lots 1-96, Cooper Stone Addition to the City of Lubbock, Lubbock County, Texas between Flint and Gary Avenues and 108th and IIIth Streets. 265 Regular City Council Meeting September 18, 2003 Page 266 RESOLUTION NO. R0374 A RESOLUTION ACCEPTING LOTS 1 THRU 96, COOPER STONE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 thru 96, Cooper Stone Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $300,175.97 with the improvements constructed by Utility Contractors of America having a value of $270,381.50 as determined by the unit prices established by said Chapter 28, and $29,794.47 cash paid to the City, which amount includes $21,087.00 cash for adjacent lines, with Triax Development, the developer, to receive a refund of $48,199.04 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $48,199.04 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 18th day of September, 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/ John Kni ht John Knight, Assistant City Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $300,175.97 and has a value of $ 270,381.50 as determined by the unit prices established by said Chapter 28. Cash paid to the City of Lubbock is $ 29,794.47 ri x4Development,tdes will$eceiv087.00 for e arefund adjacent mains. The developer, of $ 48,199.04 in accordance with Chapter 28, of the Code of Ordinances of the City of Lubbock. There is no refund deposit. The subdivision is located between Flint and Gary Avenues, from 108`h to I I I th Street. 266 Regular City Council Meeting September 18, 2003 Page 267 FISCAL IMPACT: Negligible impact on Operational Maintenance. Staff recommended approval of this resolution. (20. Resolution No. 2003-RO375 authorizing acceptance of water and sanitary sewer improvements for Lots 220-303 South Pointe Addition to the City of Lubbock, Lubbock County, Texas between Avenue S and Avenue U and 77th and 79th Streets. RESOLUTION NO.2003-RO375 A RESOLUTION ACCEPTING LOTS 220 THRU 303, SOUTH POINTE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 220 thru 303, South Pointe Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $78,858.42 with the improvements constructed by Utility Contractors of America having a value of $37,213.25 as determined by the unit prices established by said Chapter 28, and $41,645.17 cash paid to the City, which amount includes $10,535.26 cash for adjacent lines, with Lubbock Land Company, Ltd., the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 18th day of September, 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/ John Knight John Knight, Assistant City Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $78,858.42 and has a value of $ 37,213.25 as PTyA Regular City Council Meeting September 18, 2003 Page 268 determined by the unit prices established by said Chapter 28. Cash paid to the City of Lubbock is $ 41,645.19 that includes $ 10,535.26 for adjacent mains. The developer, Lubbock Land Company Five, Ltd., will receive a refund of $ 0.00 in accordance with Chapter 28, of the Code of Ordinances of the City of Lubbock. There is no refund deposit. The subdivision is located between Avenue "S" and Avenue "U", from 77th to 79th Street. FISCAL IMPACT: Negligible impact on Operational Maintenance. Staff recommended approval of this resolution. (21.) Resolution No. 2003-RO376 authorizing acceptance of water and sanitary sewer improvements for Lots 1-68 and Tracts A-D, The Falls at Suncrest Addition to the City of Lubbock, Lubbock County, Texas between Richmond and Troy Avenues and 110`h and 114th Streets. RESOLUTION NO.2003-RO376 A RESOLUTION ACCEPTING LOTS 1 THRU 68, THE FALLS AT SUNCREST ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 thru 68, The Falls at Suncrest Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $311,400.43 with the improvements constructed by Utility Contractors of America having a value of $271,835,57 as determined by the unit prices established by said Chapter 28, and $39,564.86 cash paid to the City, which amount includes $29,534.84 cash for adjacent lines, with Excel Land Development, the developer, to receive a refund of $83,042.69 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $83,042.69 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. 268 Regular City Council Meeting September 18, 2003 Page 269 Passed by the City Council this 18th day of September, 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/ John Knight John Knight, Assistant City Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $311,400.43 and has a value of $ 271,835.57 as determined by the unit prices established by said Chapter 28. Cash paid to the City of Lubbock is $ 39,564.86 that includes $ 29,534.84 for adjacent mains. The developer, Excel Land Development, will receive a refund of $83,042.69 in accordance with Chapter 28, of the Code of Ordinances of the City of Lubbock. There is no refund deposit. The subdivision is located between Richmond and Troy Avenues, from 110th to 110 Street. FISCAL IMPACT: Negligible impact on Operational Maintenance. Staff recommended approval of this resolution. (22.) Resolution No. 2003-RO377 authorizing acceptance of water and sanitary sewer improvements for Lots 1-148 Lakewood Estates and Lots 1-43 Lakewood Villas Addition to the City of Lubbock, Lubbock County, Texas, between Fulton and Juneau Avenues and 98th Street and 101" Place. RESOLUTION NO.2003-RO377 A RESOLUTION ACCEPTING LOTS 1 THRU 148, LAKEWOOD ESTATES AND LOTS 1-43, LAKEWOOD VILLAS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 thru 148, Lakewood Estates and Lots 1- 43, Lakewood Villas Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $437,377.13 with the improvements constructed by Utility Contractors of America having a value of $377,969.90 as determined by the unit prices established by said Chapter 28, and $59,407.23 cash paid to the City, which amount includes $46,898.69 cash for adjacent lines, with CLCL Development., the developer, to receive a refund of $90,160.24 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: 269 Regular City Council Meeting September 18, 2003 Page 270 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $90,160.24 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 18th day of September, 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/ John Knight John Knight, Assistant City Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $437,377.13 and has a value of $ 377,969.90 as determined by the unit prices established by said Chapter 28. Cash paid to the City of Lubbock is $ 59,407.23 that includes $ 46,898.69 for adjacent mains. The developer, CL Development, will receive a refund of $ 90,160.24 in accordance with Chapter 28, of the Code of Ordinances of the City of Lubbock. There is no refund deposit. The subdivision is located between Fulton and Juneau Avenues, from 981h Street to 101"Place FISCAL IMPACT: Negligible impact on Operational Maintenance. Staff recommended approval of this resolution. (23.) Resolution No. 2003-RO378 authorizing acceptance of water and sanitary sewer improvements for Lots 1-46 & Tract A Fountain Hills Addition to the City of Lubbock, Lubbock County, Texas between Frankford and Genoa Avenues and 110t' and 1111h Streets. RESOLUTION NO.2003-RO378 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR FOUNTAIN HILLS ADDITION, LOTS 1 - 46 TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Fountain Hills Addition, Lots 1 — 46 to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $128,035.32 with the improvements constructed by Utility Contractors of America having a value of $114,731.35 as determined by the unit prices established by said Chapter 28, and $13,303.97 cash paid to the City, which amount includes $8,685.64 cash for adjacent 270 Regular City Council Meeting September 18, 2003 Page 271 lines, with Carl Mortnesen, the developer, to receive a refund of $37,292.46 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $37,292.46 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this day 18th of September, 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, Water UtilitiesPublic Works APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $128,035.32 and has a value of $ 114,731.35 as determined by the unit prices established by said Chapter 28. Cash paid to the City of Lubbock is $ 13,303.97, which includes $ 8,685.64 for adjacent mains. The developer, Lubbock Land Company Ltd., will receive a refund of $ 37,292.46 in accordance with Chapter 28, of the Code of Ordinances of the City of Lubbock. There is no refund deposit. The subdivision is located between Frankford and Genoa Avenues, from 110`h to I I 1 `h Streets. FISCAL IMPACT: Negligible impact on Operational Maintenance. Staff recommended approval of this resolution. (24.) Resolution No. 2003-R0379 authorizing acceptance of water and sanitary sewer improvements for Lots 991-998, Tracts A-14 and A-15 Lakeridge Country Club Estates Addition to the City of Lubbock, Lubbock County, Texas in the Lakeridge Country Club Estates on 91" Street. 271 Regular City Council Meeting September 18, 2003 Page 272 RESOLUTION NO.2003-RO379 A RESOLUTION ACCEPTING LOTS 991 THRU 998, TRACTS A-14 & A- 15 LAKERIDGE COUNTRY CLUB ESTATES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 991 thru 998, Tracts A-14 & A-15 Lakeridge Country Club Estates Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $22,109.50 with the improvements constructed by Utility Contractors of America having a value of $18,837.20 as determined by the unit prices established by said Chapter 28, and $3,272.30 cash paid to the City, which amount includes $2,526.93 cash for adjacent lines, with Lakeridge Estates of Lubbock, Ltd., the developer, to receive a refund of $0.00- in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 18th day of September, 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,/ John Knight John Knight, Assistant City Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $22,109.50 and has a value of $ 18,837.20 as determined by the unit prices established by said Chapter 28. Cash paid to the City of Lubbock is $ 3,272.30 that includes $ 2,526.93 for adjacent mains. The developer, Lakeridge Estates of Lubbock Ltd., will receive a refund of $ 0.00 in accordance with Chapter 28, of the Code of Ordinances of the City of Lubbock. There is no refund deposit. The subdivision is located in the Lakeridge Country Club Estates on 91St Street. 272 Regular City Council Meeting September 18, 2003 Page 273 FISCAL IMPACT: Negligible impact on Operational Maintenance. Staff recommended approval of this resolution. (25.) Resolution No. 2003-RO380 authorizing acceptance of water and sanitary sewer improvements for Tracts 5 through 7, All Saints Addition to the City of Lubbock, Lubbock County, Texas, between Hartford and Indiana Avenues and 101st and 102"d Streets. RESOLUTION NO.2003-RO380 A RESOLUTION ACCEPTING TRACTS 5 THRU 7, ALL SAINTS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tracts 5 thru 7, All Saints Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $54,996.29 with the improvements constructed by Weaver Ditching Service, Inc., having a value of $40,064.60 as determined by the unit prices established by said Chapter 28, and $14,931.69 cash paid to the City, which amount includes $13,866.48 cash for adjacent lines, with Craig Wallace Construction, the developer, to receive a refund of $33,207.58 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $33,207.58 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 18th day of September, 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/ John Knight John Knight, Assistant City Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $54,996.29 and has a value of $ 40,064.60 as 273 Regular City Council Meeting September 18, 2003 Page 274 determined by the unit prices established by said Chapter 28. Cash paid to the City of Lubbock is $ 14,931.69 that includes $ 13,866.48 for adjacent mains. The developer, Craig Wallace Construction, will receive a refund of $33,207.58 in accordance with Chapter 28, of the Code of Ordinances of the City of Lubbock. There is no refund deposit. The subdivision is located between Hartford and Indiana Avenues from 101 st to 102"d Street. FISCAL IMPACT: Negligible impact on Operational Maintenance. Staff recommended approval of this resolution. (26.) Resolution No. 2003-RO381 authorizing the Mayor to execute agreements with property owners on the 2001 paving assessment program. RESOLUTION NO.2003-RO381 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 agreements with local property owners wherein such owners voluntarily consent to a personal liability thereon in consideration for the property being included in the 2001 Paving Assessment Program, which agreements are attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 18th day of September, 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 A copy of the agreements is filed with Resolution No. 2003-R0381. After the public hearing associated with the 2001 paving assessment program the City Council directed staff to prepare agreements for property owners. These are contracts with each property owner consenting to a voluntary personal liability for the requested paving improvements in accordance with the City of Lubbock paving policy. The number of agreements signed by property owners exceeds the number required by Council on each street or alley. FISCAL IMPACT: The estimated contract amount for all the street and alley improvements on this assessment program is $293,835. The amount to be paid by the property owners through assessments and property owner agreements is $157,986. The City's portion of the construction cost is estimated to be 274 Regular City Council Meeting September 18, 2003 Page 275 $135,849, which will be funded by the Subdivision and Assessment Paving capital project. Staff recommended approval of this resolution. The next item considered was Item 31. (27.) Resolution No. 2003-RO385 authorizing the Mayor to execute purchase of excess liability coverage from St. Paul Insurance Company. This item was moved from consent agenda to regular agenda and was considered following Item 13. RESOLUTION NO.2003-RO385 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 purchase for and on behalf of the City of Lubbock, excess liability coverage, by and between the City of Lubbock and St. Paul Insurance Company, and related documents. Passed by the City Council this 18th day of September, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Scott Snider Scott Snider, Director of Human Resources APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney The Human Resources Department requests that Council consider a Resolution to purchase insurance coverage from St. Paul Insurance Company to continue to provide excess liability insurance coverage for the City Of Lubbock. The City of Lubbock purchases excess liability insurance for all operations other than airport. The current year's total cost is $387,357 for $10,000,000 in coverage with a $250,000 self -insured retention (deductible) per claim. The current carrier is St. Paul Insurance Company. The City of Lubbock's Broker of Record approached only the incumbent to obtain quotes. Last year's closest quote was $1,111,500 with a $5MM limit. The incumbent only quoted a 2% increase in premium, so no other markets were approached. Excess Liability Current Proposed Rate: Comments: St. Paul Year Rate: $396,656 @ 10MM $250,000 SIR (Incumbent) $387,357 Limit Incl. Terrorism The use of a Broker of Record has resulted in the savings of $39,666 due to the policy premium being net of commissions. 275 Regular City Council Meeting September 18, 2003 Page 276 FISCAL IMPACT: Premiums are paid from the 308 Risk Fund. The Risk Fund derives it revenues from charges to departments based on premiums and deductibles. The costs are then allocated based on loss exposure, loss history and a formula for sharing across the organization. These recommendations came from the recently conducted actuarial study. Staff recommended purchasing insurance coverage from St. Paul Insurance Company for a total policy premium of $396,656 for $10,000,000 in limits for their Excess Liability Coverage. Council Member Gilbreath asked why Items 27-30 fell under Human Resources as this was mainly property insurance. Scott Snider, Director of Human Resources, stated that the Risk Management function was housed in Human Resources after being moved from Finance in 1997. However, these are handled and placed by the broker, Palmer and Kay, through the Sanford Agency. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to pass Resolution No. 2003-RO385 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. The next item considered was Item 28. (28.) Resolution No. 2003-RO386 authorizing the Mayor to execute purchase of Airport/Non-owned Aircraft liability coverage from ACE USA Insurance Company. This item was moved from consent agenda to regular agenda and was considered following Item 27. RESOLUTION NO.2003-RO386 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 purchase for and on behalf of the City of Lubbock, airport/non-owned aircraft liability coverage, by and between the City of Lubbock and ACE USA, and related documents. Passed by the City Council this 18th day of September, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Scott Snider Scott Snider, Director of Human Resources APPROVED AS TO FORM: John Knight John Knight, Assistant City Attorney The Human Resources Department requested that Council consider a Resolution to purchase insurance coverage from ACE USA for a coverage period of 10/1/03 through 9/30/04. The City of Lubbock purchases liability insurance on separate coverage forms for operations at Lubbock International Airport. These coverage forms include the primary $50MM Airport Owners Liability with 276 Regular City Council Meeting September 18, 2003 Page 277 terrorism coverage at $55,361, the excess Airport Owners Liability coverage of $50MM with no terrorism coverage at $25,043 and $50MM in Non -owned Aircraft Liability with terrorism coverage at $10,917. There is currently up to $100MM in total liability coverage. The current year's total cost after adding terrorism coverage for 10 months is $91,321. All policies have no deductible. All policies are net of commission. The current carrier is ACE USA with policy period of 10/1/02 to 9/30/03. The City of Lubbock's Broker of Record approached two other markets to obtain quotes, however since the incumbent ACE had already place a quote, both companies declined. The quote obtained from ACE is for the same first dollar coverage outlined above. Airport Current Year Proposed Comments: Liability Rate: Rate: $0 deductible/$50M ACE USA $91,321 $100,678 Coverage Limits with (Incumbent) $50M excess coverage limits Incl. Terrorism Non -Owned Aircraft $3,460 $9,802 1. ACE USA (Incumbent) The use of a Broker of Record has resulted in the savings of $11,048 due to the policy premium being net of commissions. FISCAL IMPACT: The $110,480 in premiums will be paid from the 308 Risk Fund. The Risk Fund derives it revenues from charges to departments based on premiums only. The costs are then allocated to the using departments, in this case, Lubbock International Airport. Staff recommended purchasing insurance from ACE USA for a total policy premium of $110,480 for their Airport/Non-Owned Aircraft Liability Coverage. Council Member Gilbreath asked why Items 27-30 fell under Human Resources, as this was mainly property insurance. Scott Snider, Director of Human Resources, stated that the Risk Management function was housed in Human Resources after being moved from Finance in 1997. However, the coverage is handled and placed by the broker, Palmer and Kay, through the Sanford Agency. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to pass Resolution No. 2003-RO386 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. The next item considered was Item 29. (29.) Resolution No. 2003-RO387 Authorizing the Mayor to Execute Purchase of Boiler and Machinery Insurance Coverage from CNA Insurance Company This item was moved from consent agenda to regular agenda and was considered following Item 28. RESOLUTION 2003-RO387 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 purchase for and on behalf of the City of Lubbock, boiler and machinery insurance coverage, by and between the City of Lubbock and CNA Insurance Company, and related documents. 277 Regular City Council Meeting September 18, 2003 Page 278 Passed by the City Council this 18th day of September, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Scott Snider Scott Snider, Director of Human Resources APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney The Human Resources Department requests that Council consider a resolution to purchase insurance coverage from CNA Insurance Company to continue to provide insurance coverage for the City's Boiler and Machinery coverage. The City of Lubbock purchases boiler and machinery insurance on a separate coverage form. Current year's total net of commission cost is $570,621 (policy period from 10/1/02 through 9/30/03) for $50,000,000 in coverage with varying deductibles. The current carrier is CNA Insurance Company. The City of Lubbock's Broker of Record only approached the current carrier. In 1999, Hartford Steam Boiler non -renewed the City's coverage due to the number of losses suffered by LP&L. At that time, an extensive search of the market revealed that CNA was the only market interested in extending coverage. CNA was willing to write the policy with strict loss control guidelines. Human Resources would like to commend the staff of LP&L for their diligence in continuing to work with CNA to increase their confidence and meet the loss control needs. In the future, a better loss history will enable us to attract other carriers. Boiler & Carrier Proposed Comments: Machinery Current Rate Rate Same Coverage and CNA $570,621 $570,621 Deductibles, (Incumbent) Does Not Include Terrorism Covg. The use of a Broker of Record has resulted in the savings of $57,062 due to the policy premium being net of commissions. FISCAL IMPACT: Premiums are paid from the 308 Risk Fund. The Risk Fund derives it revenues from charges to using departments based on premiums only. The costs are then allocated based on equipment exposure. Staff recommended purchasing insurance coverage from CNA Insurance Company for a total policy premium of $570,621 for Boiler and Machinery Coverage. Council Member Gilbreath asked why Items 27-30 fell under Human Resources as this was mainly property insurance. Scott Snider, Director of Human Resources, stated that the Risk Management function was housed in Human Resources after being moved from Finance in 1997. 278 Regular City Council Meeting September 18, 2003 Page 279 However, these are handled and placed by the broker, Palmer and Kay, through the Sanford Agency. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to pass Resolution No. 2003-RO387 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. The next item considered was Item 30. (30.) Resolution No. 2003-RO388 authorizing the Mayor to execute purchase of property insurance coverage in layers from Lexington Insurance Company, for the primary $20MM; Westchester Insurance Company (50%) & Commonwealth Insurance Company (50%) for the second $20MM excess of the first $20MM; and Royal Indemnity Insurance for the remaining $260MM excess of the $40MM above. This item was moved from consent agenda to regular agenda and was considered following Item 29. RESOLUTION NO.2003-RO388 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 purchase for and on behalf of the City of Lubbock, property insurance coverage, by and between the City of Lubbock and Lexington Insurance, Westchester Insurance, Commonwealth Insurance Company, and Royal Indemnity Insurance, and related documents. Passed by the City Council this 18th day of September, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Scott Snider Scott Snider, Director of Human Resources APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney The Human Resources Department requests that Council consider a Resolution to purchase property insurance coverage from Lexington Insurance Company, Westchester Insurance Company, Commonwealth Insurance Company and Royal Indemnity Insurance Company. The City of Lubbock purchases property insurance for all of their structures and contents, including equipment within 500 feet of the real property. Current year's total cost is $655,591 for $300,000,000 in coverage. This includes a $250,000 deductible on all but wind/hail, which carries a 1 % deductible limited to a $250,000 low and a $1,000,000 maximum. Terrorism coverage for ten (10) months is also included in the premium cost. Since 9/11/01, no one carrier will cover the city for the full amount. There are four carriers. The current carriers are Coregis Insurance Company for the primary $20,000,000, Underwriters at Lloyds (50%) and Commonwealth Insurance Company (50%) for the second $20,000,000 excess of the first $20,000,000 and Royal Indemnity Insurance Company for the $260,000,000 excess of the $40,000,000. 279 Regular City Council Meeting September 18, 2003 Page 280 For the upcoming policy year, the same is still true, therefore, Lexington Insurance Company will carry the first $20,000,000 for a premium of $396,400, Westchester Surplus Lines Insurance Company (50%) and Commonwealth Insurance Company (50%) will carry the second $20,000,000 for a combined premium of $96,994, and Royal Indemnity Insurance Company will carry the remaining $260,000,000 for a premium of $120,000. This represents a total premium of $613,394 and a decrease of 7% over last year. The deductibles will remain the same. Terrorism coverage will be offered on all layers. All structures are carried with a stated value. The City of Lubbock's Broker of Record approached several markets to obtain quotes. All markets are "A" rated by A.M. Best Key Rating Guide. The markets approached and their quotes are as follows: Current Proposed Comments 1. Coregis $395,000 $760,000 Would not negotiate price (Incumbent) 2. Lexington Did Not $396,400 Primary 20MM @ Quote Competitive 3. Commonwealth $50,000 $50,559 Rate 4. Lloyds of $53,500 Did Not 50% of 20MM xs. 20MM London Quote Below Minimum Premium 5. Westchester Did Not $46,435 Surplus Lines Quote Replaced Lloyd's with better 6. Royal Indemnity $125,000 $120,000 quote Excellent Capacity Carrier The use of Palmer and Cay as the City's Broker of Record has resulted in the savings of $61,350 due to the policy premium being net of commissions. FISCAL IMPACT: The $613,394 in premiums will be paid from the 308 Risk Fund. The Risk Fund derives it revenues from charges to departments based on premiums. The costs are then allocated based on property and contents values. Staff recommended purchasing property insurance coverage with Lexington Insurance Company, Westchester Surplus Lines Insurance Company, Commonwealth Insurance Company and Royal Indemnity Insurance Company for a total policy premium of $613,394. Council Member Gilbreath asked why Items 27-30 fell under Human Resources as this was mainly property insurance. Scott Snider, Director of Human Resources, stated that the Risk Management function was housed in Human Resources after being moved from Finance in 1997. However, these are handled and placed by the broker, Palmer and Kay, through the Sanford Agency. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to pass Resolution No. 2003-RO388 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. The next item considered was Item 32. (31.) Resolution No. 2003-RO382 authorizing the Mayor to execute purchase of workers' compensation coverage from Texas Municipal League — Intergovernmental Risk Pool This item was considered following Item 26. 280 Regular City Council Meeting September 18, 2003 Page 281 RESOLUTION N0.2003-R0382 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 purchase for and on behalf of the City of Lubbock, workers' compensation coverage, by and between the City of Lubbock and Texas Municipal League Intergovernmental Risk Pool, and related documents. Passed by the City Council this 18th day of September, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Scott Snider Scott Snider, Director of Human Resources APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney The Human Resources Department requests that Council consider a resolution to purchase workers' compensation coverage from Texas Municipal League to continue to provide guaranteed cost coverage for workers' compensation losses. The City of Lubbock purchases workers' compensation coverage for all city operations, including volunteer coverage. Current year's total cost is $1,859,893 for guaranteed first dollar coverage with no deductible. Because this is a municipal risk pool, there is no commission on the current policy. Based on the recent actuarial study, it was recommended that the Risk Management Fund collect just over $2.4MM to fund a workers' compensation program that is self -funded up to $500,000 per claim. Since TML's quote was much less than that, the city's Broker of Record was instructed not to contact other markets. TML is not rated in the Best Rating systems. Workers Current Proposed Guaranteed Cost Compensation $1,859,89 $2,082,26 Program — I" dollar Texas Municipal 3 0 coverage League (Incumbent) There is no commission savings on municipal pool coverage. FISCAL IMPACT: The $2,082,260 in premiums will be paid from the 308 Risk Fund. The Risk Fund derives it revenues from charges to departments based on premiums and deductibles. The costs are then allocated based on loss exposure, loss history and a formula for sharing across the organization. These recommendations came from the recently conducted actuarial study Due to the recent reductions in force, TML reduced their originally quoted premiums by $113,606. This amount will be reduced from the scheduled charges to affected departments. 281 Regular City Council Meeting September 18, 2003 Page 282 The staff is recommending staying with our current first dollar program with TML. There are no savings on commissions at a premium of $2,082,260. The next item considered was Item 33. (32.) Resolution No. 2003-RO389 authorizing the Mayor to execute an interlocal agreement for cooperative purchasing with City of Fort Worth. This item was moved from consent agenda to regular agenda and was considered following Item 30. RESOLUTION NO.2003-RO389 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 cooperative purchasing, by and between the City of Lubbock and the City of Fort Worth, 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 18th day of September, 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 Cooperative purchasing is one of the ways that local governments can save time and money in their purchasing programs. It occurs when two or more entities coordinate some or all of their purchasing needs so that they can join in purchases to the mutual benefit of all the entities concerned. VTCA Government Code Chapter 791 — Interlocal Cooperation Act allows local governments to contract with and between each other, to provide governmental functions and services, and to join together in contracting with others to provide goods and services. The City of Lubbock and City of Fort Worth desire to cooperate on select governmental purchases in order to enjoy greater economy of scale and thereby reduced prices for certain commodities used by both governmental entities. Pursuant to Section 791.012, the laws of the particular entity making the particular purchase will apply to the purchase unless the law of the other entity is stricter and would prohibit the purchase being made in such a manner. In such a case, the purchase will be made in conformance with the most stringent applicable regulation. The City of Lubbock and City of Fort Worth will engage in the purchase of items and services that are used by both entities and as jointly agreed upon by the purchasing officers of both entities. As a general rule, the governmental entity that uses the most of a particular commodity or service will be the lead agent in making a joint purchase. Each entity will be responsible for payment of its portion of the proportionate purchase costs directly to the vendor. 282 Regular City Council Meeting September 18, 2003 Page 283 The period of this Interlocal Agreement will be for the balance of the fiscal year and will thereafter be automatically renewed annually for each succeeding fiscal year of the City. FISCAL IMPACT: Local governments benefit in many ways, including developing contacts with other local government officials and developing the habit of cooperating with other entities. Some of the most common benefits are: 1. Lower costs through increased volume. 2. Lower (shared) administrative costs. 3. Improved response from vendors. 4. Shared experience leading to better product specification. 5. Better compliance with state statutes on purchasing. Staff recommended approval of the resolution. Victor Kilman, Purchasing Agent, gave staff comments. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2003-RO389 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. The next item considered was Item 33A. (33.) Resolution No. 2003-RO383 authorizing the Mayor to execute an interlocal agreement for cooperative purchasing with Lubbock Metropolitan Planning Organization. This item was considered following Item 31. RESOLUTION NO. 2003-RO383 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 cooperative purchasing, by and between the City of Lubbock and Lubbock Metropolitan Planning Organization, 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 18th day of September, 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 Agreement is filed with Resolution No. 2003-R0383. 283 Regular City Council Meeting September 18, 2003 Page 284 Cooperative purchasing is one of the ways that local governments can save time and money in their purchasing programs. It occurs when two or more entities coordinate some or all of their purchasing needs so that they can join in purchases to the mutual benefit of all the entities concerned. VTCA Government Code Chapter 791 — Interlocal Cooperation Act allows local governments to contract with and between each other, to provide governmental functions and services, and to join together in contracting with others to provide goods and services. The City of Lubbock and Lubbock Metropolitan Planning Organization desire to cooperate on select governmental purchases in order to enjoy greater economy of scale and thereby reduced prices for certain commodities used by both governmental entities. Pursuant to Section 791.012, the laws of the particular entity making the particular purchase will apply to the purchase unless the law of the other entity is stricter and would prohibit the purchase being made in such a manner. In such a case, the purchase will be made in conformance with the most stringent applicable regulation. The City of Lubbock and Lubbock Metropolitan Planning Organization will engage in the purchase of items and services that are used by both entities and as jointly agreed upon by the purchasing officers of both entities. As a general rule, the governmental entity that uses the most of a particular commodity or service will be the lead agent in making a joint purchase. Each entity will be responsible for payment of its portion of the proportionate purchase costs directly to the vendor. The period of this Interlocal Agreement will be for the balance of the fiscal year and will thereafter be automatically renewed annually for each succeeding fiscal year of the City. FISCAL IMPACT: Local governments benefit in many ways, including developing contacts with other local government officials and developing the habit of cooperating with other entities. Some of the most common benefits are: 6. Lower costs through increased volume. 7. Lower (shared) administrative costs. 8. Improved response from vendors. 9. Shared experience leading to better product specification. 10. Better compliance with state statutes on purchasing. Staff recommended approval of the resolution. The next item considered was Item 35. (33A.) Resolution NO. 2003-RO390 authorizing the Mayor to execute a contract extension between the City of Lubbock and Goodwill Industries of Lubbock, Inc. for custodial services. This item was moved from consent agenda to regular agenda and was considered following Item 32. This item was reconsidered following Item 44. RESOLUTION NO. 2003-RO390 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 extension between Goodwill Industries of Lubbock, Inc. and the City of Lubbock, for custodial services. Said contract extension 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. 284 Regular City Council Meeting September 18, 2003 Page 285 Passed by the City Council this 18th day of September, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Harlan Stauffer Harlan Stauffer, Management Services APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the contract extension is filed with Resolution No. 2003-R0390. The City Of Lubbock contracted with TIBH and Goodwill in August 2001. The current contract term expires September 30, 2003. This contract extension provides for custodial services at 35 city facilities for an interim period of one month beginning October 1, 2003, and ending October 31, 2003. The basic monthly cost for these services will be $59,103.04. Additional services include Party House and St. Paul's on the Plains cleanings at $32.99 per cleaning, Library Set-ups at $12.00 per set-up, and Jail Special Cleanings at $16 to $30 per cleaning (depending on the time of day). During this contract extension period, a new, multi -year contract presently being negotiated will be submitted to Council for approval in October 2003. FISCAL IMPACT: The budget impact of this extension at the current rate will be less than the 2003-2004 budget amount as the total monies budgeted assumed an increase in the new multi -year contract to be negotiated. Staff recommended approval of this resolution. After asking Harlan Stauffer, Director of Building Services, some questions, Council Member Martin asked Interim City Manager Tommy Gonzalez to schedule this matter as a work session item at the next council meeting. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass Resolution No. 2003-R0390 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. The next item considered was Item 34. This item was reconsidered following Item 44. Council Member Boren had returned to dais. Motion was made by Council Member Martin, seconded by Council Member Morrison to amend Resolution No. 2003-R0390 and renew the Goodwill Industries, Inc. contract for one year. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. 285 Regular City Council Meeting September 18, 2003 Page 286 The next item considered was Item 50. (34.) Resolution No. 2003-RO391-BID#104-03/RS — for Gasoline and Diesel Fuel - Annual Pricing (Fleet Services) This item was moved from consent agenda to regular agenda and was considered following Item 33A. RESOLUTION NO.2003-RO391 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 gasoline and diesel fuel — annual pricing, by and between the City of Lubbock and Benton Oil Company 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 18th day of September, 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-R0391. The purpose of this bid is to establish firm annual pricing for unleaded and diesel fuel used in City of Lubbock's motor vehicles and other equipment. The City of Lubbock has over 1800 motor vehicles and other equipment. Fuel is purchased daily for motor vehicles and other equipment. Annual average usage for unleaded fuel is about 757,500 gallons and about 823,300 gallons for diesel. The contract term is one-year and may be renewed up to two additional one-year periods under the same terms and conditions. The bid for bulk and transport load fuel is for fuel delivered to City fuel sites and the bid for the automated fueling system is for fuel located at the bidder's satellite fuel sites. Bidders bid their margin for each bid item shown on the tab sheet. The margin of the successful bidder will remain the same for the duration of the contract. Bids were tabulated using the fuel rack price on August 18. Ten local businesses were notified of the Invitation to Bid. The bid from Griffin Oil Company of Lubbock, Texas is not recommended because they bid an 86-octane product in lieu of 87 octane, which was specified. FISCAL IMPACT: A total of $1,887,090 was appropriated and $1,887,090 is available in accounts 310.2115 (Inventory Diesel Fuel) and 310.2117 (Inventory Unleaded Fuel) for this purpose. Award bid to Benton Oil Company of Lubbock, Texas for $1,674,805 or such alternative action as the City Council may deem appropriate. 286 Regular City Council Meeting September 18, 2003 Page 287 Council Member Martin asked Victor Kilman, Purchasing Agent, why the City specified 87 octane, which is not available in Lubbock. Robert Robinson, Interim Manager of Fleet Services, stated this was due to vehicle manufacturers' requirement. Council Member Martin then stated he could not vote in favor of this, since this octane was not available in Lubbock. He asked if there was time to rebid this item. Mr. Kilman stated items 1-4 on the tab sheets were for bulk fuel and items 5-7 were for the automated fuel system. He recommended rejecting bids for items 1-4 and to rebid these and award bids for items 5-7 to Benton Oil Company. Council Member Boren returned to the dais. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to award items 5-7, rebid items 1-4 and pass Resolution No. 2003-RO391 as amended. Motion carried: 6 Yeas, 1 Nay. Mayor McDougal voted Nay. The next item considered was Item 36. (35.) Resolution No. 2003-R0384/BID #123-03/BM — for Lubbock Police Department Uniforms — Annual Pricing (Police Patrol). This item was considered following Item 33. RESOLUTION NO. 2003-RO384 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 Lubbock Police Department uniforms — annual pricing, by and between the City of Lubbock and Tyler Uniform of Tyler, 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 18th day of September, 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-R0384. This bid establishes annual pricing for the purchase of uniforms for the Police Department. Uniforms are worn daily by police officers. Each recruit in the Police Academy is given five complete sets of uniforms upon graduation. In addition, each officer is given a clothing allowance of $1,000 with which to purchase uniform items throughout the year. The current uniform contract expired June 14, 2003 and it is necessary to provide an avenue of outfitting officers with appropriate work attire as soon as possible. Of the five bids received for items 1 — 12, Trooper 287 Regular City Council Meeting September 18, 2003 Page 288 Supply was the low bidder at $96,289.40. However, they bid Horace Small uniforms, not the specified Blauer. Both Trooper Supply and the Horace Small representative were non -responsive in producing documentation within the specified time frame that would afford the Police Department the ability to thoroughly evaluate the uniforms. Trooper Supply also failed to meet specifications in the construction of the female trousers (item 10). Tyler Uniforms was the lowest bidder meeting all specifications for bid items 1-12 at $117,640. Tyler Uniforms was the only bidder for bid items 1-12 at $52,650. Tyler Uniforms was the lowest bidder meeting all specifications for bid item 17 at $2,336. The recommended bidder has agreed to sell these items to other governmental entities that have cooperative purchasing agreements with the City of Lubbock. Seven local businesses were notified of the Invitation to Bid. FISCAL IMPACT: A total of $315,000 was appropriated and $157,500 is available in account 5735.8123 (Patrol Division Uniforms) in fiscal year 2002/2003 for this purpose. However, the first purchase will not be made until after the new fiscal year begins October 1, 2003. The approved FY 2003/ 2004 budget for the Patrol Division Uniform account 5735.8123 is $265,894. Award bid/contract to Tyler Uniform of Tyler, TX for $172,626 or such alternative action as the City Council may deem appropriate. The next item considered was Item 13. ORDINANCES FOR PASSAGE Third Readiniz (36.) ORDINANCE #2002-00111—Third of three readings of the 2001 Paving Assessment (third and final reading). This item was considered following Item 34. ORDINANCE NO. 2002-00111 AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING STREETS AND/ALLEYS: 25TH STREET FROM MILWAUKEE AVENUE EAST TO LASALLE AVENUE, 26TH STREET FROM MILWAUKEE AVENUE EAST TO KEWANEE AVENUE, EAST -WEST ALLEY BETWEEN IOTH STREET AND IITH STREET FROM SALEM AVENUE EAST TO QUAKER AVENUE, EAST -WEST ALLEY BETWEEN 56TH STREET AND 57TH STREET FROM MEMPHIS AVENUE WEST TO NASHVILLE AVENUE, U-SHAPED ALLEY BETWEEN 85' STREET AND 86TH STREET/OXFORD AVENUE FROM 85TH STREET TO OXFORD AVENUE, U- SHAPED ALLEY BETWEEN 77TH STREET/YORK AVENUE AND 78' STREET/ZOAR AVENUE FROM SLIDE ROAD TO 79TH STREET, EAST -WEST ALLEY BETWEEN 8TH STREET AND 9TH STREET FROM SALISBURY AVENUE EAST TO SALEM AVENUE SUCH PORTIONS BEING MORE PARTICULARY DESCRIBED IN THE PAVING ASSESSEMNTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF, AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS ON EVIDENCE HEREOF, ALLOCATING FUNDS. Motion was made by Council Member Patterson, seconded by Council Member Hernandez to pass on third and final reading Ordinance No. 2002-000111 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 47. 288 Regular City Council Meeting September 18, 2003 Page 289 PUBLIC HEARINGS 2:25 P. M. Zoning (37.) Ordinance No. 2003-00103 - ZONE CASE NO. 2973-A (East of Chicago Avenue and North of Erskine Street): Hold a public hearing to consider request of Elroy Wisian (for Wisian Properties, Inc.) for a zoning change from R-1 to R-2 Specific Use (for duplexes) on proposed lots 14-36 and from A-1 Specific Use to A-2 Specific Use (for parking building for subdivision residents) on proposed Tract A, Lynnwood Addition, and to consider ordinance. first reading). This item was considered following Item 49. ORDINANCE NO. 2003-00103 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2973-A; A ZONING CHANGE FROM R-1 TO R-2 SPECIFIC USE FOR DUPLEXES ON PROPOSED LOTS 14-36, AND FROM A-1 SPECIFIC USE TO A-2 SPECIFIC USE FOR PARKING BUILDING FOR SUBDIVISION RESIDENTS, ON PROPOSED TRACT A, LYNNWOOD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 2:25 p. in. No one appeared on behalf of Elroy Wisian (Wisian Properties, Inc.). No one appeared in opposition. Mayor McDougal closed the hearing at 2:25 p. in. The request follows a recent zone case for the interior of the Lynnwood subdivision as A-1 for duplex construction. The target for the A-1 units will be college students or unrelated young professionals. By being zoned R-2, this row of duplex units will be targeted at families or residents that meet the definition of "family" in the zoning code. Adjacent land use: N - S - land use in all directions is vacant currently and zoned for residential E - W- The case has two parts: 1. During the previous zone case, this strip on the east side of the subdivision was left R-1 as a buffer to the proposed development to the west. Since that time, the subdivision has been designed and the proposed lots that are now R-1 face into the A-1 zoned lots and are across an alley from the adjacent development. Since R-2 is considered a buffer, and the row of units will not face the single family development to the east, the property owner is requesting duplex zoning and will target those units for rent to families or other renters that meet the definition of "family" as required in the R-1 and R-2 District. Mr. Wisian has visited with the developer of the property to the east and reports no objection to this proposed change. The request is proposed as Specific Use to allow the same setback that applies in the rest of the subdivision. Current setback in the A-1 portion is twenty feet for the front and five feet for the side setback on corner lots and non -garage portions of cul-de-sac lots. 2. During design of the subdivision, a twenty-eight foot wide strip of land along one of the primary internal entry streets was necessary to avoid placing an alley adjacent to the street. The developer is requesting A-2 limited to a parking structure on that strip. The garages will be for rent to residents of the subdivision that want additional protected parking. While each of the duplex units will 289 Regular City Council Meeting September 18, 2003 Page 290 have a double garage for each side, some occupants may have more than two vehicles that they wish to protect from the elements. The row of garage units will open to the alley and provide a continuous wall along the entry street to benefit aesthetics. The request is Specific Use to address a request for five feet of setback on the three adjacent streets and a two -foot setback on the alley. That will facilitate a twenty-one foot garage. The garage units will enter from the paved alley. Both requests are compatible with the Comprehensive Land Use Plan principles and zoning policy. The parking structure is an unusual approach but will be an asset for multiple occupancy units where more that two of the residents want to have a vehicle sheltered. The proposal should not have a negative effect on the thoroughfare system. The Planning Commission recommended approval of the request subject to the following conditions: 1. Minimum setback for the proposed lots 14-36 may be twenty feet on the front and five feet on corner lots and cul de sac lots (for any non -garage portion of the structure garages must meet a minimum twenty feet of setback). 2. Tract A shall be limited to parking structure(s) with a five-foot setback from adjacent streets and two feet from the adjacent alley. FISCAL IMPACT: NONE Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2003-00103 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. The next item considered was Item 38. (38.) Ordinance No. 2003-00104 - ZONE CASE NO. 2294-C (Southeast corner of 101't Street and Indiana Avenue): Hold a public hearing to consider request of Craig Wallace Construction for a zoning change from GO to AM (for a daycare facility) on Tract 5, All Saints Addition, and to consider ordinance. first reading). This item was considered following Item 37. ORDINANCE NO.2003-00104 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2294-C; A ZONING CHANGE FROM GO TO AM ZONING ON TRACT 5, ALL SAINTS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 2:25 p. m. No one appeared on behalf of Craig Wallace Construction. No one appeared in opposition. Mayor McDougal closed the hearing at 2:25 p. m. The proposed use is for daycare, which the current Garden Office zoning does not accommodate. AM does include daycare as a permitted use. Adjacent land uses: N — vacant, zoned Garden Office S — vacant, zoned for the Z-2 as part of the All Saints case E — vacant, zoned Garden Office W —Indiana Avenue, and residential to the west of Indiana 290 Regular City Council Meeting September 18, 2003 Page 291 The proposal is consistent with both the Comprehensive Land Use Plan and zoning policy. AM is considered a buffer in the same manner that Garden Office is treated The project should not have a negative impact on the thoroughfare system. The Planning Commission recommended approval of this resolution. FISCAL IMPACT: NONE. The staff supported the recommendation of the Planning Commission. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2003-00104 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. The next item considered was Item 39. (39.) Ordinance No. 2003-00105 - ZONE CASE NO. 2980 (3801 22"d Street): Hold a public hearing to consider request of Lubbock Eagle L.P. for a zoning change from AM to C-2A (for a restaurant) on Lot 1, R.J. Brock Addition, and to consider ordinance. first reading). This item was considered following Item 38. ORDINANCE NO. 2003-00105 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2980; A ZONING CHANGE FROM AM TO C-2A ZONING ON LOT 1, R. J. BROCK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 2:25 p. m. No one appeared on behalf of Lubbock Eagle L.P. No one appeared in opposition. Mayor McDougal closed the hearing at 2:25 p. in. The proposal will accommodate a restaurant in the middle of the medical district. The current code has a limitation of restaurants to being internal to large buildings primarily for the benefit of the building inhabitants (such as the cafeteria in Covenant Hospital). Adjacent land use in all directions is Apartment/Medical. The proposal is consistent with the objectives of the Comprehensive Land Use Plan and zoning policy. The staff introduced the possibility that the Commission may wish to review the list of permitted uses in the AM District in the near future to investigate if any additional permitted uses should be added to AM. The discussion may prove beneficial, except that there are many other areas outside the medical district zoned AM. Adding the desirable uses as "conditional" would require a ZBA hearing and allow for a shorter process but still have the advantage of a public discussion. The existing building has the appearance of a strip shopping center. The project should not have a negative effect on the thoroughfare system. The Planning Commission recommended approval of this resolution. FISCAL IMPACT: None. The staff supported the recommendation of the Planning Commission. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2003-00105 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. 291 Regular City Council Meeting September 18, 2003 Page 292 The next item considered was Item 41. (40.) Ordinance No. 2003-00108 - ZONE CASE NO. 2011-C (South of 43d Street and West of Ironton Avenue): Hold a public hearing to consider request of Wilkerson Investment Co. (for Bozrah International Ministries, Inc.) for a zoning change from M-1 to A-2 for an apartment complex on an unplatted 10.35 acre tract of land out of Section 37, Block AK, and to consider ordinance. first reading). This item was considered following Item 42. ORDINANCE NO. 2003-00108 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2011-C; A ZONING CHANGE FROM M-1 TO A-2 ZONING FOR AN APARTMENT COMPLEX ON UNPLATTED 10.35 ACRE TRACT OF LAND OUT OF SECTION 37, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 2:26 p.m. No one appeared on behalf of Wilkerson Investment Co. (for Bozrah International Ministries, Inc.). No one appeared in opposition. Mayor McDougal closed the hearing at 2:26 p.m. The proposed zoning would accommodate an apartment complex just east of an existing Frenship school. The current zoning is M-1, Light Industrial. Adjacent land uses: N — vacant S — vacant E — vacant W — Frenship Middle School The current Comprehensive Land Use Plan denotes the parcel under discussion and the immediate area as "Industrial Park". The area is the west end of the Santa Fe Park development that begins on the east side adjacent to Loop 289, where Sam's is located. This west area has yet to develop as light industrial, and the introduction of the school on Milwaukee increases the likelihood that at least some of the acreage will not develop as light industrial. The proposed apartments will develop in accordance with the guidelines of A-2. An email is contained in backup describing the project and the business partners in the project. The project should have no more than the anticipated effect on the thoroughfare system. Milwaukee has yet to be upgraded to a full thoroughfare, but this project, the school and future development in the area will increase the need to fund full width construction from 341h South. The Planning Commission recommended approval of this request. Included in the motion for approval is the fact that this zone change will result in a minor change to the Comprehensive Land Use Plan. The Planning Commission recommended approval of this resolution. FISCAL IMPACT: None. The staff supported the recommendation of the Planning Commission. Motion was made by Council Member Martin, seconded by Council Member Boren to pass on first reading Ordinance No. 2003-00108 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. 292 Regular City Council Meeting September 18, 2003 Page 293 The next item considered was Item 43. (41.) Ordinance No. 2003-00106 - ZONE CASE NO. 1598-H (3436 W. Loop 289): Hold a public hearing to consider request of Les Cross for a zoning change from R-1 Specific Use to C-4 with conditions to match other Loop 289 frontage tracts on a portion of Tract A-1 and Lot 14, Loop 289 RV Park Addition, and to consider ordinance. first reading). This item was considered following Item 39. ORDINANCE NO. 2003-00106 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1598-H; A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-4 WITH CONDITIONS ON A PORTION OF TRACT A-1 AND LOT 149 LOOP 289 RV PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 2:25 p.m. No one appeared on behalf of Les Cross. No one appeared in opposition. Mayor McDougal closed the hearing at 2:25 p.m. The proposal will rezone a previous entrance to the adjacent mobile home park and the lot to the south that is zoned only for storage of trailers. Utility relocation for the West Loop reconstruction has caused a replat of the property and the entrance to the adjacent RV Park has been relocated to the north. Adjacent land uses: N — commercial S — commercial E — Loop 289 W —existing RV park The request is consistent with the Comprehensive Land Use Plan and zoning policy. The proposed zoning is the same as the existing lots to the north. The proposal should not affect the thoroughfare system. Due to the number of narrow lots along this portion of the service road, the staff is recommended a condition limiting curb cuts to a single drive per lot. The Planning Commission recommended the request with following conditions consistent with the zoning to the north: The following uses from the C-4 District shall not be permitted: • Billboards • Dance Hall ■ Night club, bar or lounge ■ Private or teen clubs 2. Only one curb cut on each of the two lots will be permitted. The Planning Commission recommended approval of this resolution. FISCAL IMPACT: None. The staff supported the recommendation of the Planning Commission. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2003-00106 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. The next item considered was Item 42. 293 Regular City Council Meeting September 18, 2003 Page 294 (42.) Ordinance No. 2003-00107 - ZONE CASE NO. 2847-B (South of 83d Street and West of Homestead Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for Lubbock Land Company) for a zoning change from R-1 Specific Use to R-1 Specific Use (for garden homes) on 4.1 acres of unplatted land out of Section 28, Block AK, and to consider ordinance. first reading). This item was considered following Item 41. ORDINANCE NO. 2003-00107 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2847-B; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR SET BACK TO R-2 SPECIFIC USE FOR GARDEN HOMES ON 4.1 ACRES OF UNPLATTED LAND OUT OF SECTION 28, 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 2:25 p.m. No one appeared on behalf of Hugo Reed and Associates, Inc. (for Lubbock Land Company). No one appeared in opposition. Mayor McDougal closed the hearing at 2:25 p.m. The proposal will adjust the current R-1 Specific Use zoning that provides for a twenty -foot setback to R-1 Specific Use for garden homes. The strip of property includes the lots on the north side of 83`d Street that backs up to the commercial on 82"d Street between Iola and Homestead. Included is a request to allow a five-foot side setback on the corner lots. Adjacent land uses: N — vacant, zoned commercial S — residential E — residential W — vacant, zoned for a church The proposal is consistent with the Comprehensive Land Use Plan and zoning policies. The project should not have a negative effect on the thoroughfare system. The Planning Commission recommended approval of the request subject to the following condition: 1. Side setback on the lots adjacent to Homestead and Iola may be five feet. FISCAL IMPACT: None. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2003-00107 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. The next item considered was Item 40. (43.) Ordinance No. 2003-00109 - ZONE CASE NO. 2981 (4501 191h Street): Hold a public hearing to consider request of Charles Skibell (for Charles Skibell and Mosser Construction) for a zoning change from R-1 to R-1 Specific Use (for townhouses or condominiums) on Lots 6 and 7, Block 1, Cain Terrace Addition, and to consider ordinance. first reading). This item was considered following Item 40. 294 Regular City Council Meeting September 18, 2003 Page 295 ORDINANCE NO. 2003-00109 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2981; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR TOWNHOUSES OR CONDOMINIUMS ON LOTS 6 AND 7, BLOCK 1, CAINE TERRACE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 2:27 p.m. No one _ appeared on behalf of Charles Skibell (for Charles Skibell and Mosser Construction). No one appeared in opposition. Mayor McDougal closed the hearing at 2:27 p.m. The proposal would develop two vacant lots located south of 190' and west of Raleigh as a town -home area with private drives. The parcel has long been discussed by various interests for commercial potential; this proposal would end that speculation. Adjacent land uses: N —19`h Street and residential S — residential E — commercial east of Raleigh W — residential As residential the proposal is consistent with the Comprehensive Land Use Plan and zoning policy for residential development. Two neighbors attended the Planning Commission meeting and presented written opposition. One gentleman who lives in the third home west of Raleigh across the alley from these two lots expressed strong opposition regarding the introduction of fifteen town homes on the two lots currently designated for one home each. One of his concerns was directed at two-story homes being able to see into his back yard from the second floor, but that concern is minor compared to his overall opposition to the project. The adjacent resident indicates that the project is in violation of deed restrictions in the area. The Planning Commission agreed that Mr. Skibell will have to address that issue, but wanted the neighbor to know that the City cannot be involved in enforcement of deed restrictions. Discussion by the Planning Commission included the fact that only one new home has been built on the large lots that face 19`h between Quaker and Slide in the last twenty years, and none on the vacant lots in Cain Terrace and Bobalet Heights. The fact that the commercial to the east would distract from anyone building an estate sized home on one of these lots seemed to play heavily in the decision to recommended the request to the Council. The project will be similar to the Dunnhaven project further west on 19`h, but smaller. A perimeter fence will be placed on 19`h and the west property line. Because of garage access, the east and south lines will not be fenced. As designed, the project will have little effect on the thoroughfare system (19th Street). Three of the homes will have access to one curb cut on 19`h Street. Four of the homes will have drives at the back of the homes that enter from Raleigh, and eight of the homes will have access from a paved alley. If this zone case is approved, staff will use this opportunity for the Council to also approve special garbage handling which is normally an "other business" item on the Council agenda. All of these units would be serviced from the south alley unless Mr. Skibell designs an alternative arrangement within the compound. One issue regarding zoning that the Commission considered is that the home sites will exceed the 65% coverage normally associated with town homes. The common areas dedicated as drives and landscaped areas will create an overall density greater than required for individual town homes. 295 Regular City Council Meeting September 18, 2003 Page 296 The approximate size of the two lots is 72,850 square feet, which allocates 4,856 square feet to each of the fifteen proposed homes. The minimum density of standard single family is 5,000 square feet. Thus, the proposed density is close to standard single family versus the minimum of 2,000 square feet allowed in the zoning code for town home development. The Planning Commission recommended approval subject to three conditions: 1. Tied to the tentative site plan recognizing that it may be altered in a minimum fashion as actual design details are worked out for the property. 2. Coverage on the individual home lots may be 100%. 3. Prohibit windows on the south face of any two-story structure. 4. The south building face of any second story wall adjacent to the alley shall not have a window.* *Mr. Skibell may request that this condition be removed or altered to read "No building face of any second story wall less than forty feet from the alley property line shall have a window." He was not able to illustrate to the Commission at that point of the meeting that, including the width of the alley, a twenty -foot drive and a twenty -foot garage, the second story portion of the buildings would be sixty feet from the property line of the south neighbors. The Planning Commission recommended approval of this resolution. FISCAL IMPACT: None. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Gilbreath, seconded by Council Member Patterson to pass on first reading Ordinance No. 2003-00109 as recommended by staff. Motion carried: 4 Yeas, 1 Nay. Council Member Morrison voted Nay. Council Members Hernandez and Martin were away from the dais. The next item considered was Item 44. ZONING ORDINANCES FOR PASSAGE Second Reading (44.) ORDINANCE #2003-00096—ZONE CASE NO. 2173-D (103 and 119 W. Loop 289 and 220 Slide Road): 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 feet, Whisperwood Addition and C-4 Specific Use for mini -warehouses on the west 110 feet of Tract L-1-B, Whisperwood Addition. (second and final reading). This item was considered following Item 43. 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-1-13, WHISPERWOOD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The request represents an adjustment of the zoning configuration in the area adjacent to Slide Road (west) between 4t' Street and Loop 289. Originally, a single tract existed from 40' Street to the Loop along Slide 296 Regular City Council Meeting September 18, 2003 Page 297 Road. The proposed development for that single tract was a shopping center that operated primarily from 41h Street. Subsequent land sales to Walgreens at the corner of Slide Road and 4`h Street and the new fire station at Slide and 2"d Street have voided the original intent. Adjacent land uses: N — Loop 289 S — commercial E — residential and commercial W — commercial The request is consistent with the Comprehensive Land Use Plan and zoning policies. Slide is a thoroughfare level street. The Master Thoroughfare Plan indicates the need for a grade separation of the Loop from Slide at a future date. The staff has discussed with the property owner that an additional dedication may be needed from his Slide 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. Added for second reading: The staff has developed a drawing of the right of way that will be required for a seven lane facility between 41h and Loop 289. Staff will have more exact dimensions at the Council meeting, but the proposed future ROW from the property Mr. Fields owns will be approximately 48 feet at the narrowest and 60 feet at the greatest due to the need to flatten the curve some what. In discussion with Mr. Fields, the Planning Department recommended that a Specific Use permit be issued within the zone case to require future setback of structures on both the north and south lots be a minimum of twenty feet from the proposed future right of way line. Since no other commercial enterprise exists along this stretch of Slide to protect with the normal 43-foot setback, Mr. Fields or future developers can have 23 feet of the property that is normally required for setback available for construction and the public can purchase the future right of way (when funds are available) with assurance that no structure will have be included in the purchase. The portion 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 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 resolution. FISCAL IMPACT: None. Staff supported the recommendation of the Planning Commission with the amendment regarding setback as discussed above. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on second and final reading Ordinance No. 2003-00096 as recommended by staff. Randy Henson, Senior Planner, recommended that this zone case be converted to C-3 Specific Use and allow the landowner to build as close as twenty feet to this future proposed right-of-way. Council Member Morrison offered Mr. Henson's recommendations as a friendly amendment. Council Member Patterson accepted the friendly amendment. Motion carried: 6 Yeas, 0 Nays. Council Member Martin was away from the dais. 297 Regular City Council Meeting September 18, 2003 Page 298 At this time, Council Member Martin returned to the dais and made a motion, seconded by Council Member Gilbreath to reconsider Item 33A. Motion carried: 6 Yeas, 0 Nays. Council Member Boren was away from the dais. The next item was to reconsider Item 33A. ADMINISTRATIVE SERVICES Fleet Services (45.) Resolution No. 2003-00393/ BID #130-03/RS —for Police vehicles, light duty truck, and cargo van (Fleet Services). This item was considered following Item 47. This item was reconsidered following Item 55. RESOLUTION NO. 2003-RO393 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 police vehicles, a light duty truck and a cargo van, ITB #130-03/RS, by and between the City of Lubbock and Philpott Motors, Ltd., of Port Neches, Texas, and Shamrock Chevrolet of Lubbock, Texas, and related documents. Bid Item 1 is awarded to Gene Messer Ford of Lubbock, Texas for $171,612.00, Bid Item 2 is awarded to Philpott Motors, Ltd. of Port Neches, Texas for $13,719.00 and Bid Item 3 is awarded to Shamrock Chevrolet of Lubbock, Texas for $15,409.00. 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 18th day of September, 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-R0393. This bid is for the purchase of seven new police cars for the Police Department and for the purchase of one one-half ton pickup and one full size cargo van for Facilities Management. The Police Department is projecting an over hire of seven officers, and the purchase of these vehicles will provide each of the officers a vehicle. Facilities Management is replacing vehicles based on their age and condition in an effort to lower the department's maintenance expenses. Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within 3% of the lowest bid 298 Regular City Council Meeting September 18, 2003 Page 299 price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in writing, that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock. In order to receive consideration of the location of the bidder's principal place of business for bid award, bidders are required to submit an Affidavit of Eligibility. The $171,612 bid from Gene Messer Ford of Lubbock, Texas for seven full size marked police patrol sedans (Bid Item #1 shown on the tab sheet) is within 3% ($476 or 0.28%) of the low bid from a non-resident bidder and an Affidavit of Eligibility (included in Council backup) was submitted by the bidder. Gene Messer Ford's bid for Bid Item #1 meets the statutory requirement for consideration of location of a bidder's principal place of business because 1) their principal place of business is in the City of Lubbock and 2) their bid is within 3% of the low bid from the non-resident bidder. Twenty-six local businesses were notified of this Invitation to Bid. Shamrock Chevrolet and Philpott Motors have agreed to sell these items to other governmental entities that have cooperative purchasing agreements with the City of Lubbock. FISCAL IMPACT: A total of $284,285 was appropriated and $284,285 is available in projects 945.90299 and 340.90291 (Over hire PD Vehicles & Facilities Management Vehicle Replacement) for this purpose. Award bid Items 1 and 2 to Philpott Motors, Ltd. of Port Neches, Texas for $185,655, and bid Item 3 to Shamrock Chevrolet of Lubbock, Texas for $15,409, 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-RO393 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 48. This item was reconsidered after Item 55. Motion was made by Council Member Martin, seconded by Council Member Boren to amend Resolution No. 2003-RO393 and award Item 1 to Gene Messer Ford under the 3% rule. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 57. Other (46.) Ordinance No. 2003-0 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 (47.) Resolution No. 2003-RO392 authorizing the Mayor to execute a National Recreational Trails Fund Agreement with Texas Parks and Wildlife for construction of a recreational trail (Park Development). This item was considered following Item 36. 299 Regular City Council Meeting September 18, 2003 Page 300 RESOLUTION NO.2003-RO392 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 National Recreational Trails Fund Agreement for construction of a recreational trail in Lubbock County, Texas, by and between the City of Lubbock and Texas Parks and Wildlife Department, 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 18th day of September, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Corbin Pemberton Corbin Pemberton, Parks & Recreation Director APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0392, Texas Parks and Wildlife administers the National Recreational Trail Fund under the approval of the Federal Highway Administration. This federally funded program receives its budget from a portion of federal gasoline taxes paid on fuel used in non -highway recreational vehicles. The deadline for this program is June 1 of each year. Grant funding for this program is a on a cost reimbursement basis. In late 2002, representatives from the Scoggin-Dickey dealership approached the City Of Lubbock about the possibility of partnering on a challenge course for 4-wheel drive vehicles. As part of the agreement between Scoggin-Dickey and the Hummer manufacturer, Scoggin-Dickey is required to construct a test drive site to demonstrate the off -road capabilities of the Hummer vehicles. Scoggin-Dickey has estimated that it will cost them $30,000 to build the test drive site. In the Spring of 2003, staff presented this opportunity and the related land acquisition to the City Council during two Executive Session meetings. Once the liabilities and risk management issues were resolved, it was decided to apply for the grant using the Scoggin-Dickey funds as the local match requirement. On August 28t', the Texas Parks and Wildlife Commission approved a $175,000 grant award from Texas Parks and Wildlife to build an off -road trail for 4—wheel drive vehicles and a separate course for motorcross. The total project is estimated to be $218,750, with eighty (80) percent of the funding coming from the state grant. The remaining twenty (20) percent is funded by the Scoggin-Dickey contribution and trustee labor from the John T. Montford Unit. The grant will fund the acquisition of fifteen (15) acres, the construction of a 4-wheel drive challenges trail (which will include the Scoggin-Dickey test drive course), a motorcross track, fencing, signs and parking area. To 300 Regular City Council Meeting September 18, 2003 Page 301 comply with the conditions of the grant, the project must be completed by August 31, 2006. FISCAL IMPACT: The match for the grant is provided by Scoggin-Dickey ($30,000) as well as trustee labor from the John T. Montford Unit. The annual operating impact is estimated to be less than $3,500 annually. Staff recommended approval of this resolution. Motion was made by Council Member Hernandez, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO392 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 45. (48.) Resolution No. 2003-110394/13I1) #010-02/RS —for the Mackenzie Park Amphitheater (Park Development). This item was considered following Item 45. RESOLUTION NO.2003-RO394 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 Mackenzie Park Amphitheater for ITB# 010-02/RS. Passed by the City Council this 18th day of September, 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 This project involves the construction of the Mackenzie Outdoor Theater that was approved by voters in the September 1999 General Obligation Bond election. At that time, $1.7 million was earmarked for the project. The original concept for the multi -use facility was a concrete stage, restrooms, and seating area for approximately 3,000. In March 2000, the architectural engineering team of Carter & Burgess, Inc and Parkhill, Smith and Cooper, Inc was hired to design the theater. Many cultural groups were interviewed to ensure that the theater would meet their production needs. To ensure that this facility was not a duplication of the private amphitheater, the concept was changed to feature theatrical, dance and symphonic productions. Consequently, a building with dressing rooms, adequate storage, a production office and restrooms was added to the scope of the project. The seating capacity for the venue was defined as 1,000 hard seats and 1,000 lawn seats. In accordance with the Texas Antiquities Code, the archaeological survey at the theater site began in August 2000. Preliminary testing indicated a high concentration of cultural artifacts at the original site. Over the next 14 months, through extensive testing, a site was cleared approximately 200 yards south of 301 Regular City Council Meeting September 18, 2003 Page 302 the original site. The new site was chosen to avoid the high concentration of artifacts while still maintaining the integrity of the new concept. In September 2001, the City Council amended the original design contract to include the expanded concept at the new site. The theater is meant to annually host the Summer Melodrama, numerous musical events, and a new theatrical drama that is currently being written by Andy Wilkinson. This project responds to a high priority as established in the Goals of Lubbock: A Vision into the 21" Century, the City Council Goal to implement the Canyon Lakes Master Plan, and the Lubbock Comprehensive Parks/Recreation and Open Space Master Plan. This site was also chosen by the Millennium Committee as the site for the Centennial project. Time for completion of this project is 365 days and liquidated damages is $500 per day. Thirty-three local contractors and subcontractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $2,036,038 was appropriated and $1,649,666 is available in project number 905.9145 (Mackenzie Park Amphitheater) for this purpose. It is anticipated that the facility will have an annual net operating cost of $106,000. STAFF RECOMMENDATION: The low bid is $2,765,000 from Sandia Construction Inc. of Lubbock, Texas. In March 2003, Sandia Construction extended their contract pricing until September 30, 2003. At that time, City Council instructed staff to re -bid the project with a reduced scope of work. Staff recommended that City Council reject all bids for BID #010-02/RS. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass Resolution No. 2003-RO394 rejecting all bids as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 49. (49.) Resolution No. 2003-R0395/BID #152-03/RS —for Mackenzie Park Amphitheater Construction (Park Development). This item was considered following Item 48. RESOLUTION NO.2003-RO395 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 Mackenzie Park Amphitheater Construction, Bid #152-03/RS, by and between the City of Lubbock and David Wood Construction 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. 302 Regular City Council Meeting September 18, 2003 Page 303 Passed by the City Council this 18th day of September, 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 18th day of September, 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 David Wood Construction, of the City of Wolfforth, 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 9152-03/RS - MACKENZIE PARK AMPHITHEATER CONSTRUCTION - $2,039,500.00 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. 303 Regular City Council Meeting September 18, 2003 Page 304 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ David Coggins CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: David Wood Construction By: /s/ David L. Wood PRINTED NAME: David L. Wood TITLE: President COMPLETE ADDRESS: David Wood Construction 8207 Zadar Avenue Wolfforth, TX 79382 This project is for the construction of the Mackenzie Park Amphitheater. The project will include a covered stage, dressing rooms, fixed seating, restrooms, lighting, parking, landscaping, and irrigation. The site will host musical events and the annual Summer Melodrama that was written for the venue. The site proximity to the fairgrounds will encourage use during the annual South Plains Fair. This project will support the arts in Lubbock by providing a place for numerous small performances and musical events. The facility is intended to attract tourism to the City of Lubbock. Twenty-four local contractors were notified of the Invitation to Bid. Time for completion of this project is 365 consecutive calendar days and liquidated damages is $500 per day. FISCAL IMPACT: A total of $2,036,038 was appropriated and $1,649,666 is available in project number 905.9145 (Mackenzie Park Amphitheater) for this purpose. In addition to funds available in the Mackenzie Park Amphitheater project, $447,025 is available from Federal Economic Development Initiative Funds and $150,000 is available from Alon USA/Fina for this project. It is anticipated that the facility will have an annual net operating cost of $106,000. Award bid to David Wood Construction of Lubbock, TX for $2,039,500 or such alternative action as the City Council may deem appropriate. Corbin Pemberton, Community Projects Manager, answered questions from Council. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2003-RO395 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 37. (50.) Resolution No. 2003-R0396BID #067-03/RS —for Lou Stubbs Ball Field and Skate Park Lighting Materials (Park Development). This item was considered following reconsideration of Item 33A. 304 Regular City Council Meeting September 18, 2003 Page 305 RESOLUTION NO.2003-RO396 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid ITB 4067-03/RS for Lou Stubbs Ballfield and Skate Park lighting materials, by and between the City of Lubbock and Southwestern Electric Supply of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 18th day of September, 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-R0396. This project involves the purchase of lighting components for Lou Stubbs softball fields and lighting components for a skate park facility to be located adjacent to those fields. Park maintenance personnel will install the lighting components. The two lowest bids from Sports Facilities Company of Katy, Texas and Hunter Knepshield of Plano, Texas did not meet specifications and these bidders failed to obtain the necessary prior approval for their product to be installed on this project. The City's consulting engineer, Jimmy May of Higgins & May, Inc. of Lubbock, has determined that the Qualite brand product offered by these two companies did not qualify as an "approved equal" to the specified lighting equipment. Documentation from Mr. Jimmy May is included in Council backup and explains why the Qualite product is not an approved equal to the product specified. Twenty-six local businesses were notified of the Invitation to Bid. FISCAL IMPACT: A total of $285,000 was appropriated and $90,000 is available in project 90015.9103 (Irrigation/Park Lighting Automation) for this purpose. Award bid to Southwestern Electric Supply of Lubbock, Texas for $76,525.14 or such alternative action as the City Council may deem appropriate. Motion was made by Council Member Boren, seconded by Council Member Patterson to pass Resolution No. 2003-RO396 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez was away from the dais. The next item considered was Item 51. 305 Regular City Council Meeting September 18, 2003 Page 306 FINANCE Budget and Research (51.) Ordinance No. 2003-00100 approving and adopting a budget for Fiscal Year 2003-04 for the City of Lubbock (second and final reading). This item was considered following Item 50. ORDINANCE NO. 2003-00100 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 2003-04; PROVIDING FOR NECESSARY TRANSFERS TO FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATING FUNDS FOR THE 2003-04 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE CLASSIFICATIONS AND POSITIONS; AND PROVIDING FOR A SAVINGS CLAUSE. The City of Lubbock Charter requires two readings on ordinances. This is the second reading of the ordinance adopting the budget for the City of Lubbock for Fiscal Year 2003-04. The budget ordinance must be considered first, followed by the ordinance on the tax rate. FISCAL IMPACT: None Staff recommended approval of this ordinance. Motion was made by Council Member Patterson, seconded by Council Member Morrison to adopt the ordinance approving and adopting a budget for Fiscal Year 2003-04 with the following revisions: Subdivision and Assessment Paving, $110,000 and $75,000 for library books and to pass Ordinance No. 2003-00100. After discussion, motion was made by Council Member Patterson, seconded by Council Member Martin (plus also considering the items provided in a memo to Council dated September 17, 2003 by Interim City Manager Tommy Gonzalez) to adopt the ordinance approving and adopting a budget for Fiscal Year 2003-04 with the following revision: $75,000 for library books and to pass Ordinance No. 2003-00100. Council Member Morrison offered a friendly amendment as follows: Water Administration Budget $ 50,000 Electric Administration Budget 75,000 Health Fund Budget 24,000 Solid Waste Residential Collection Budget 480,000 Community Investment Fund 23,000 Water/Sewer/Solid Waste/General Funds ( 47,494) Debt Service Fund: o General Fund Bonds ( 1,508) o Water GO Bonds 21,970 o Sewer GO Bonds 1,827 o Solid Waste GO Bonds 8,018 o Stormwater GO Bonds 136,754 o TIF Bonds 8,456 General Fund: • City Secretary 40,000 • Traffic Operations 75,000 • Lake Alan Henry 15,000 306 Regular City Council Meeting September 18, 2003 Page 307 • Lake Alan Henry Reserve ( 15,000) • Accounting Budget ( 15,000) • Fire Budget o Authority to fund the increase in the employer's contribution to the Firefighter's Relief and Retirement Fund with the amount allocated for the firefighter's two percent Cost of Living Adjustment. This action does not require any additional funds in the Fire Department's operating budget, but will reflect a net "0" line item adjustment. Capital: • Fire Truck ( 325,000) • EDA Sewer and Water Capital Project in the Airport Fund 20,648 • Integrated Master Plan for Wheelock, Tech Terrace & Monterey Neighborhoods 75,000 • 9" Street Name Markers Project 48,500 • Miller Park Subsurface Drainage 75,000 • Milwaukee 4 h to 34`h Street 140,000 • East/West Freeway 1,500,000 Personnel - The addition of 3 positions in the General Fund Revenue — GENERAL FUND • Penalty & Interest on Delinquent Taxes 26,681 • Boat Slip Rentals 17,374 • Reinspection Fees -Fire Department ( 1,200) • Tent Inspection Fees -Fire Department ( 2,500) AGENCY FUND • Establish Technology Fee at Municipal Court at $4.00 per ticket — contingent upon the City Council passing the ordinance. 224,000 City Attorney Anita Burgess stated Council would need to hold on Mr. Patterson's items and vote on them separately for the Mayor to recuse on those. Council Member Gilbreath also stated he would need to recuse on the Milwaukee 41h to 34 h Street item. After some discussion, Council Member Morrison pulled the "Milwaukee from 40' to 341h - $140,000" from his amendment. He also agreed to pull from this amendment the items as stated by Council Member Patterson. Council Members Patterson and Martin accepted the friendly amendment. Motion carried: 7 Yeas, 0 Nays. Council Member Morrison asked why the Master Plan concerned only a certain area. He stated he would like to see the Council commit to finding additional funds and using those for an integrated plan for the entire city. Craig Farmer, Managing Director of Planning & Transportation and Tommy Gonzalez, Interim City Manager, answered questions on the Master Plan. Council Member Boren stated that this Master Plan was designed to help the Tech Terrace area (anything around the southern border of Texas Tech) from being impacted like the Overton area. 307 Regular City Council Meeting September 18, 2003 Page 308 Melissa Trevino, Budget Manager, informed Council there was only $71,180 available to be added to the library book budget. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass the followin amendment to Ordinance No. 2003-00100: Milwaukee from 4`h to 34 - $140,000. Motion carried: 6 Yeas, 0 Nays. Council Member Gilbreath recused himself. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass the following amendment to Ordinance No. 2003-00100: Master Plan for Wheelock, Tech Terrace & Monterey Neighborhoods for $75,000; the Subdivision and Assessment Paving of $110,000; and Library Books for $71,180. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. The next item considered was Item 52. (52.) Ordinance No. 2003-00101 setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock, Texas for the year 2003. (second and final reading). This item was considered following Item 51. ORDINANCE NO. 2003-00101 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 2003; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIMES IN WHICH SAID TAXES SHALL BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. The City of Lubbock Charter requires two readings on ordinances. This is the second reading of the ordinance adopting and levying a tax rate for the City of Lubbock for Fiscal Year 2003-04. The budget ordinance must be considered first, followed by the ordinance adopting and levying a tax rate. The proposed rate is .5457 cents per $100 valuation, based on a certified net taxable value of $7,921,590,380 as submitted by the Chief Appraiser of the Lubbock Central Appraisal District. The tax rate is distributed as follows: Debt Service $0.10066 General Fund M&O $0.41504 Economic Development $0.03000 FISCAL IMPACT: None. Staff recommended approval of this ordinance. Motion was made by Council Member Boren, seconded by Council Member Patterson to pass on second and final reading Ordinance No. 2003-00101 with the following revisions: "The tax rate per $100 valuation was originally proposed at .5566, but because of higher re- evaluations than originally reported by the Lubbock Central Appraisal District, the tax rate is now being proposed at .5457 per $100 valuation. Of that the General Fund portion will be set at .41504, Interest and Sinking Fund portion set at .10066 and the Economic Development Fund remains at .03000. However, because evaluations are greater, the amount projected to be received will be more than $35,507." Motion carried: 7 Yeas, 0 Nays. 308 Regular City Council Meeting September 18, 2003 Page 309 The next item considered was Item 54. (53.) Resolution No. 2003-R accepting the paving improvements and issuance of paving assessment certificates on Milwaukee Avenue from 4"' Street (FM 2255) to 34`h Street. This item was deleted. (54.) Resolution No. 2003-RO397 authorizing the Mayor to execute an Interlocal Agreement with Lubbock Independent School District and Lubbock County for support of the Specialized Treatment and Rehabilitation (STAR) program. This item was considered following Item 52. RESOLUTION NO.2003-RO397 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement for the Specialized Treatment and Rehabilitation (STAR) project and any associated documents by and between the City of Lubbock, Lubbock Independent School District and Lubbock County, Texas. A copy of said Agreement 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 18th day of September, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /slQuincy White Quincy White, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Agreement is filed with Resolution No. 2003-R0397. In 1994-95, the City Council entered into an agreement with the Lubbock Independent School District (LISD) and Lubbock County to jointly fund the Specialized Treatment and Rehabilitation (STAR) program. The original agreement expired in September 1998, and the City has subsequently signed a new contract each year since the expiration of the original contract. The STAR program is a cooperative venture of LISD, the City of Lubbock and the Lubbock County Youth Center. STAR is a progressive disciplinary and alternative education program for Lubbock County youth. There is not a State mandate that requires LISD or the County to operate a STAR program. However, the 1995 HB 1 mandates that the County provide the Juvenile Justice Alternative Education Program (JJAEP) for juveniles that commit felonies. The Texas Education Agency mandates Project Intercept and JJAEP for school districts. The STAR program consists of three levels of disciplinary action: 309 Regular City Council Meeting September 18, 2003 Page 310 STAR II is a two -week, 6-day a week program, which includes eight hours of community service on weekends. Referrals may come from Justice of the Peace, Municipal Court or the School District. STAR III is a six -week program with six weeks of aftercare, which includes contact with the juvenile twice a week. Community service is required during the program and during the aftercare. Referrals may come from Justice of the Peace, Municipal Court or the School District. However, they primarily come from the school district and various County agencies (i.e. juvenile probation). STAR W is a twelve -week program with twelve weeks of aftercare, which includes contact with the juvenile twice a week. STAR W is used in lieu of Lubbock County Juvenile Justice Center or Texas Youth Commission. Referrals for this program come from District Court. Currently, there are 309 juveniles in the STAR Program. Of the 309 juveniles, 47% are referred by the School District, 28% by Municipal Court, 19% by the County, and 6% by District Court. The STAR program has an 86% completion rate. The recidivism rate is 19%, while 81 % have no further offenses reported. Quarterly performance statistics will be provided to the City staff for evaluation. The City, County and LISD will each contribute $104,000 for this program. FISCAL IMPACT: The funds for this program were approved for the FY 2003-04 year in the City Council Department budget in the amount of $104,000. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2003-RO397 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 55. LEGISLATIVE SERVICES (55.) Resolution No. 2003-RO398 exercising the City of Lubbock's option to terminate its professional services contract agreement with Hilgers & Watkins, P.C. and Denton, Navarro & Bernal, P.C. This item was considered following Item 54. RESOLUTION NO. 2003-RO398 WHEREAS, the City of Lubbock entered into a Legislative Services Consulting Contract on December 31, 2001, with Hilgers & Watkins, PC, and Denton, Navarro and Bernal, PC; and WHEREAS, the contract will expire December 31, 2003, pursuant to the terms of Section V of said contract; 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 deep appreciation for the expert legislative consulting services provided during past legislative sessions by Randy Cain, Susan Rocha and their respective firms of Hilgers & Watkins, PC, and Denton, Navarro and Bernal, PC. The legislative consulting services received by the City of Lubbock from Mr. Cain and Ms. Rocha have been exemplary in every respect. The City Council of the City of Lubbock hereby directs that a copy of this Resolution be given to Hilgers & Watkins, PC, and Denton, Navarro and Bernal, PC, as an expression of the City's appreciation for their services on its behalf. 310 Regular City Council Meeting September 18, 2003 Page 311 Passed by the City Council this 18th day of September, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel As a budget savings measure, Council has requested that the Professional Services Contract Agreement with our Austin Consultants be terminated. Resolution No. 2001-R0540 executed the two-year contract on December 13, 2001. The contract is set to expire on December 31, 2003. The termination clause in the contract requires a sixty-day notice be provided by either party. The termination of this contract will create a savings of $5,888.89. FISCAL IMPACT: Savings of $5,888.89 to the City of Lubbock. Mayor McDougal and Council Member Hernandez requested that Council look at this in a year and take appropriate action at that time. Bob Goodwin, Corporate Communications Manager, answered questions. Anita Burgess, City Attorney, briefed Council on the substitute resolution, which had just been provided to them. This resolution allows the contract to expire on its own. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to amend Resolution No. 2003-R0398 as briefed by the City Attorney and allow the contract to expire on its own. Motion carried: 7 Yeas, 0 Nays. At this time, Council Member Martin made a motion, seconded by Council Member Morrison to reconsider Item 45. Motion carried: 6 Yeas, 1 Nay. Council Member Hernandez voted Nay. The next item was to reconsider Item 45. (56.) 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. PLANNING AND TRANSPORTATION Airport (57.) Resolution No. 2003-R0399 authorizing the Mayor to execute a lease agreement between the City of Lubbock and the South Central Chapter of the American Association of Airport Executives for a basic aircraft rescue and fire fighting academy at Lubbock International Airport. 311 Regular City Council Meeting September 18, 2003 Page 312 This item was considered following reconsideration of Item 45. RESOLUTION NO.2003-RO399 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement with the South Central Chapter of the American Association of Airport Executives for a Basic Aircraft Rescue and Fire Fighting Academy at Lubbock International Airport. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 18th day of September, 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-R0399. From 1976 to 1987, Lubbock International Airport hosted the American Association of Airport Executives South Central Chapter Basic Aircraft Rescue Fire Fighting (ARFF) Academy at Lubbock International Airport. Earlier this year staff responded to an RFP published by the SCC/AAAE to bring the academy back to Lubbock. LIA was awarded the academy for a three-year term beginning in 2003, with an option to renew on a year-to- year basis thereafter. The first academy is currently scheduled for Oct 19- 23, 2003 and will involve 4 days of classroom training at the LFD Training Academy with 1 day dedicated to live fire training at the LIA ARFF Training Facility. This agenda item involves the approval of the agreement between the City of Lubbock and SCC/AAAE to conduct the academy. FISCAL IMPACT: LIA will receive $12,000 or $450 per student; whichever is higher to conduct the academy. Staff recommended approval of this resolution. John McGinley, Interim Director of Aviation, answered questions. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2003-RO399 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 59A. 312 Regular City Council Meeting September 18, 2003 Page 313 Planniny- (58.) Resolution No. 2003-RO401 authorizing the execution of an Agreement between the City of Lubbock and McCanton Woods, Ltd. regarding the funding of right-of-way acquisition for Glenna Goodacre Boulevard in the North Overton Tax Increment Finance Reinvestment Zone. This item was considered following Item 59A. RESOLUTION NO.2003-RO401 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tern of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and McCanton Woods, Ltd. regarding the funding of right of way acquisition for the widening of Glenna Goodacre Boulevard in the North Overton Tax Increment Finance Reinvestment Zone. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 18th day of September, 2003. /S/ VICTOR HERNANDEZ VICTOR HERNANDEZ, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director of Planning and Transportation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2003-R0401. This agreement is between the City of Lubbock and McCanton Woods, Ltd. (McDougal Companies/Developer) regarding funding to acquire right of way of specific properties for the expansion of Glenna Goodacre Boulevard (Eighth Street). Council approved Redevelopment Policies state that the City may use the power of eminent domain to obtain property for public use in a redevelopment project, including street right-of-ways and easements, but if the easement or right-of-way is to benefit a redevelopment project, the redevelopment project should pay the costs. The purpose of this Agreement is to contract with McCanton Woods, Ltd. for reimbursement of all expenses incurred by the City in this process. The expenses will be, but not limited to, for purchase of land and improvements, leasehold improvements, attorney fees, and appraisal fees. The widening of Eighth Street is consistent with Finance and Project Plan adopted by the Board of Directors of the North Overton Tax Increment Finance Reinvestment Zone. The funds expended for this acquisition process prior to reimbursement by the developer will be from the loan from the Solid Waste fund to the TIF fund that was approved at the February 13, 2003 Council meeting. 313 Regular City Council Meeting September 18, 2003 Page 314 FISCAL IMPACT: The City will be reimbursed for the expenses incurred in this eminent domain process. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2003-RO401 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. The next item considered was Item 59. (59.) Resolution No. 2003-RO402 to set a public hearing regarding the advisability of the creation of a Public Improvement District for North Overton. This item was considered following Item 58. RESOLUTION NO.2003-RO402 WHEREAS, a petition has been received from the record owners of taxable real property representing not less than fifty percent (50%) of the appraised value of the property (as determined by the most recent certified appraisal roll for Lubbock County) in the area of North Overton generally bounded by Marsha Sharp Freeway on the north, University Avenue on the west, Broadway on the south and the alley between Avenue R and Avenue Q on the east, within the City of Lubbock, AND owners of not less than fifty percent (50%) of the area of all taxable real property that is liable for assessment under the proposal; requesting creation of a Public Improvement District under Chapter 372 of the Texas Local Government Code; and WHEREAS, the petition, a copy of which is attached hereto as Exhibit "A", has been examined, verified, and found to meet the requirements of Section 372.005(b) of the Texas Local Government Code and to be sufficient for consideration by the City of Lubbock; and WHEREAS, the boundaries of the proposed Public Improvement District are described in the attachment designated as Exhibit "B" and shown on the map attached hereto as Exhibit "C", said area for the North Overton PID being within the city limits of the City of Lubbock; WHEREAS, the City of Lubbock accepts the petition and desires to schedule a public hearing to consider the formation of a Public Improvement District (PID) in this area pursuant to the Public Improvement District Assessment Act for the purpose of enhancing security and public safety, providing maintenance of landscaping in the public rights -of -way, and providing public trolley service, all in accordance with the Act; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT a public hearing is hereby scheduled at 11 am, Thursday, October 9, 2003, in the City Council Chambers, 1625 13'' Street, Lubbock, Texas, to receive public comment on the formation of a North Overton Public Improvement District in the area described in Exhibit B and as shown on the map in Exhibit C, pursuant to Chapter 372 of the Texas Local Government Code; and SECTION 2: THAT notice of said hearing shall be published in a newspaper of general circulation in the city at least fifteen days prior to the hearing as required by state law; and SECTION 3: THAT written notice shall be mailed to each property owner, as reflected on the tax rolls, of property subject to assessment under the proposed public improvement district, before the 15`h day prior to the date set for the hearing. 314 Regular City Council Meeting September 18, 2003 Page 315 Passed by the City Council this 18"' day of September, 2003. /S/ T.J. PATTERSON T.J. PATTERSON, SENIOR COUNCIL MEMBER ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director of Planning and Transportation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section Property owners in North Overton have petitioned to form a Public Improvement District (PID). A PID is a defined assessment area providing specific types of public improvements or maintenance of a given area. One of the statutory requirements for the City Council is to hold a Public Hearing regarding the advisability of creating the District. This proposed item authorizes the Council to hold the Public Hearing on October 9, 2003. The proposed PID generally covers the same boundary as the Tax Increment Financing District. The state law requires petitioners to meet certain requirements. The petition is sufficient if signed by: 1) owners of taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district where the property is located; and 2) record owners of real property liable for assessment under the proposal who either constitute more than 50% of all record owners of property or own taxable real property that constitutes more than 50% of the area in the proposed District. Property owners, who have signed petitions, represent 64.12% of the total market value of the proposed PID area. In addition, the petitioners represent 62.5% of the total square footage of the area. The City Secretary has validated the petitioners as per statute requirements and a copy of the validation statement is attached. In addition, attached is the packet that was given to each potential petitioner. Included in the packet is a copy of the petition, a brief description of the PID services and assessments, and a copy of the District map. FISCAL IMPACT: Staff time is required to facilitate the PID process. The intent of this PID is to provide additional services at no increased cost to the City. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2003-R0402 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Council Member Hernandez recused themselves. The next item considered was Item 60. 315 Regular City Council Meeting September 18, 2003 Page 316 (59A.) Resolution No. 2003-RO400 accepting the paving improvements and issuance of paving assessment certificates on Milwaukee Avenue from 4`h Street (FM 2255) to 34`h Street. This item was considered following Item 57. RESOLUTION NO.2003-RO400 A RESOLUTION ACCEPTING IMPROVEMENTS ON MILWAUKEE AVENUE LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into a contract with the State of Texas through Texas Department of Transportation for the making and construction of paving improvements in said City, including the following: Milwaukee Avenue from FM 2255 (0 Street) to 340' Street, Unit Number 2386-004. WHEREAS, the construction of the above improvements on the above -mentioned street were 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 MAYOR and City Secretary BE and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the street listed above and against the owners of such property in accordance with law and in the manner provided in said Contract and the proceedings with reference to said improvements and assessments where such assessments were levied. 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 18th day of September, 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/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice The design and construction of this thoroughfare paving improvement project was administered by TxDOT. Federal funding was used to pay 80% of the design and construction cost of this project. The City was responsible for 20% of the design and construction and 100% of right-of- way and any eligible utility relocation or adjustments necessary. In a letter dated August 20, 2003, TxDOT indicated the project is now complete and requests final payment of the City's share of the costs. The total cost for design and construction is $7,210,989.91. The City's total payment to TxDOT is $1,540,700.10 (includes $98,502.12 for indirect 316 Regular City Council Meeting September 18, 2003 Page 317 cost recovery). The City has previously paid $1,342,670.47 leaving $198,029.63 remaining to be paid. The approval of this resolution will also initiate the collection of the paving assessments levied against certain abutting properties on this project. An assessment public hearing was held before the City Council on May 23, 2002. The third and final reading of the paving ordinance was approved by Council on October 10,2002. FISCAL IMPACT: There are two capital projects in the Street Capital Projects Fund established for these two miles of Milwaukee Avenue thoroughfare paving. There is a total of $62,410 available in these two capital projects. An amendment to the 2003-04 Capital Projects Budget is proposed on this agenda to transfer $140,000 into one of the Milwaukee capital project accounts to fund the required $198,029.63 payment to TxDOT. The staff recommended approval of this resolution accepting the paving improvements and initiating the issuance of the paving assessment certificates. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2003-RO400 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Gilbreath recused himself. The next item considered was Item 58. Right -of -Way (60.) Resolution No. 2003-RO403 authorizing the Right -of -Way Department to make an offer to Gary King, d/b/a Buffalo Beano Company for their leasehold interest in the North 80-feet of Lots 11 & 12, Block 129, Overton Addition to the City of Lubbock (801 University Avenue-8th street widening project, University Avenue to Avenue Q). This item was considered following Item 59. RESOLUTION NO.2003-RO403 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for 8d' Street widening project from University to Avenue Q and such other purposes as may be necessary under Texas Tax Code §311.008(b)(2); and WHEREAS, the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the leasehold interest to the tract of land further described as the North 80' of Lots 11 and 12, Block 129, Overton Addition to the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said interest, being Gary King, d.b.a. Buffalo Beano Company, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $150,000, which is the amount appraised as the value and total damages for the real estate leasehold interest, for the use & benefit of the City of Lubbock, Texas, for the purposes herein stated; and SECTION 3. THAT unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the leasehold interest. 317 Regular City Council Meeting September 18, 2003 Page 318 Passed by the City Council this 18th day of September, 2003. /S/ VICTOR HERNANDEZ VICTOR HERNANDEZ, MAYOR PRO TEM ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney The City of Lubbock is in the process of widening 8`h Street from University Avenue to Avenue Q as part of the North Overton Redevelopment Project. Located at the southeast corner of 8a' Street and University Avenue is Buffalo Beano Company, a business owned by Gary King. Mr. King is leasing this property (the North 80-feet of Lots 11 & 12, Overton Addition) from the 9roperty owner who has agreed to grant the City the right-of-way for 8 Street. In order to get this project completed, Mr. King's leasehold interest must be acquired. Merle Blosser, M.A.I., met with Mr. King and determined an appraised value due Mr. King for his leasehold interest in this property. Mr. Blosser determined that Mr. King had a leasehold interest because his rental rate was below that typical of the current market rental rates for properties along University Avenue. Five years and five months remain in his lease contract with the building owner and Mr. Blosser discounted the lease rental rate advantage for the term of the remaining lease and valued Mr. King's leasehold interest at $150,000 which is our offer to Mr. King. This resolution also authorizes the City to institute condemnation proceedings to acquire this property if our offer is refused. FISCAL IMPACT: The widening of Eighth Street is consistent with Finance and Project Plan adopted by the Board of Directors of the North Overton Tax Increment Finance Reinvestment Zone. The funding for this acquisition process will be from the loan from the Solid Waste fund to the TIF fund that was approved at the March 14, 2002 Council meeting. The Right -of -Way Department recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Boren to pass Resolution No. 2003-RO403 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. The next item considered was Item 61. Stormwater Management (61.) Consider a request by Barnard Construction Company, Inc., for a partial release of rtainage on the South Central Drainage Project. This item was considered following Item 60. The South Central Drainage Project is coming to a close and has been certified by the Engineer (Parkhill, Smith and Cooper, Inc.) and the City of Lubbock as Owner as Substantially Complete in accordance with the 318 Regular City Council Meeting September 18, 2003 Page 319 contract, a copy of which was provided to Council. With the substantial completion Barnard Construction Company, Inc., has requested that the City release a $1,500,000 of the retainage that is currently being held to insure project completion, a copy of which was provided to Council. The contract states that the retainage will be released with the final payment however, staff are currently waiting on some minor details to be completed and for the turf to be established. To date the contract pay schedule is as follows: Contract Amount $33,897,777.97 Work Performed to Date $33,649,789.50 Work Left to be Done $ 247,988.48 Total Retainage Being Held $ 1,682,489.47 Total Paid to Date $31,967,300.02 Total $33,897,777.97 Total Left to be paid $ 1,930,477.95 Total Being Requested $ 1,500,000.00 Balance $ 430,477.95 The balance of $430,477.95 will more than cover all uncompleted items that are pending on the project such as the turf establishment and some minor clean up. The remainder of the retainage will not be released until the final payment of the project. FISCAL IMPACT: There is no fiscal impact involved in releasing this retainage. The staff recommended approval of this item. Marsha Reed, Civil Engineer, gave staff comments. Motion was made by Council Member Martin, seconded by Council Member Morrison to approve Item 61 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 62. (62.) Resolution No. 2003-RO404 authorizing the Mayor to execute a contract with Parkhill, Smith and Cooper, Inc. for professional engineering services to evaluate alternatives for upsizing the existing storm sewer between Maxey Park Lake and Tech Terrace Park. This item was considered following Item 61. RESOLUT10N NO.2003-RO404 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Engineering Services and any associated documents by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., for a Maxey Park Drainage Outfall Improvement Feasibility Study, a copy of which Agreement 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. 319 Regular City Council Meeting September 18, 2003 Page 320 Passed by the City Council this 18th day of September, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Marsha Reed for Larry Hertel Larry Hertel, PE, City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Agreement is filed with Resolution No. 2003-R0404. The primary purpose of the project is to develop alternatives of a storm drainage structure between Maxey Park Lake and Tech Terrace Park that will effectively provide an increased reduction in the risk of flooding for the Maxey Park Lake area without increasing the flood risk to Tech Terrace Park area. The structure, or structures, should reduce the probability for potential damages from concentrated runoff to the properties located within the flood prone areas. During discussions with the Texas Department of Transportation (TxDOT) in the early 1990's, TxDOT had agreed to allow a storm sewer connection from Maxey Park to the Marsha Sharp Freeway. It was also agreed that it would be valued and the policy was that the valve would remain open. In recent discussions with the new leadership at TxDOT, staff are now being told that the valve would remain closed at all times until TxDOT felt safe in opening the storm sewer. This policy completely defeats the purpose of the storm sewer as there would be no reduction in flood risk to those homes around Maxey Park. With this in mind, Staff is now looking for other alternatives that would be controlled by the City. One alternative under consideration is to remove and replace the existing gravity flow storm sewer system from Maxey Park Lake to Tech Terrace Park with a larger structure. The Request for Qualifications process began on February 20, 2003 and there were two engineering firms that responded. A Selection Committee met on July 2, 2003, and determined that Parkhill, Smith and Cooper, Inc. is the most qualified engineering firm to respond to the Request for Qualifications. It will be Parkhill, Smith and Cooper's, Inc. responsibility to include any possible alternatives and recommended the most cost effective and beneficial project for the City of Lubbock. The negotiated contract is not to exceed the amount of $198,236. FISCAL IMPACT: There is an existing capital project for $200,000 to conduct Maxey Park Feasibility Study and the proposed contract falls within the budgeted amount. The long-term fiscal impact would be minimal as staff are looking to replace an existing gravity flow storm sewer. Staff recommended approval of this resolution. If approved, the final report should be presented to the City Council in May 2004. 320 Regular City Council Meeting September 18, 2003 Page 321 Motion was made by Council Member Patterson, seconded by Council Member Boren to pass Resolution No. 2003-R0404 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next items considered were Items 63, 64, 65, 66, 67 and 68, respectively. (63.) Consider one appointment to Market Lubbock, Inc. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to appoint Tony Whitehead to the Market Lubbock, Inc. Motion carried: 7 Yeas, 0 Nays. (64.) Consider two appointments to Airport Board Motion was made by Council Member Martin, seconded by Council Member Gilbreath to reappoint John Brown and Todd McKee to the Airport Board. Motion carried: 7 Yeas, 0 Nays. (65.) Consider four appointments to Appointments Advisory Board Motion was made by Council Member Martin, seconded by Council Member Gilbreath to reappoint Jan Collier, Lisa Flathers, Edna Garcia, and Alan Henry to the Appointments Advisory Board. Motion carried: 7 Yeas, 0 Nays. (66.) Consider one appointment to Citizens Traffic Commission Motion was made by Council Member Martin, seconded by Council Member Gilbreath to appoint David White to the Citizens Traffic Commission. Motion carried: 7 Yeas, 0 Nays. (67.) Consider one appointment to Community Development & Services Board Motion was made by Council Member Martin, seconded by Council Member Gilbreath to appoint Randy Laycock to the Community Development & Services Board. Motion carried: 7 Yeas, 0 Nays. (68.) Consider three appointments to Keep Lubbock Beautiful Advisory Committee Motion was made by Council Member Martin, seconded by Council Member Gilbreath to appoint Joslyn Tomlinson, Georgianna White and Dewey Schroyer to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 7 Yeas, 0 Nays. (69.) Discussion regarding City customer service policies for handing patron/citizen issues and complaints, the answering of citizens' questions, and the timeliness of resolution. This item was deleted. 3:18 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. 4:29 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers 321 Regular City Council Meeting September 18, 2003 Page 322 4:30 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Patterson adjourned the meeting. Read and approved this 2qg�` day of �2005. 322