Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 10/23/2003REGULAR CITY COUNCIL MEETING OCTOBER 23, 2003 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 23rd day of October, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:33 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Jim Gilbreath, Council Member Frank W. Morrison, Absent: Council Members Gary O. Boren, Tom Martin and T. J. Patterson CITIZEN COMMENTS Two citizens expressed comments to the Council. They were: (1.) Heather Killough-Walden presented issues related to funding of Animal Services. Ms. Killough-Walden contacted the Council with questions regarding the condition of the Animal Shelter and the treatment of animals housed at the shelter. She received the following information from Jamey Cantrell, Manager of Animal Services: 4111. Healthy animals should not be in close proximity to unhealthy animals, nor should they eat or drink from the same bowls. This was the case before I took over. Since then, staff has created a rehabilitation area for sick animals that staff wants to place for adoption. Stray animals that are sick or injured that are not identified by a tag are euthanized as per City ordinance because staff do not have an isolation holding area for them at this time. Realistically, it does not matter how many doors staff place between the sick and healthy animals, because of the antiquated design and lack of proper ventilation systems, every animal in the shelter is exposed to illness on a daily basis. The only remedy to this would be a better -designed shelter with multiple, separate ventilation systems. 2. Sick animals should be medically treated by a certified veterinarian. Staff contracts with Dr. Sonja Lee to come through the shelter five days a week. She examines any sick or injured animal and prescribes appropriate treatment. 3. The cages should be large enough for the animal to move about comfortably. All of the cages in our shelter are large enough to permit this for the animals, which staff places in them. The cat cages in our lost and found cat area are the only ones that are in need of replacing. This is not because they are too small for the cats; it is instead for staff safety. Feral cats or scared house cats need to have a pet carrier in the cage with them so that they have a place to hide. When they are in a cage without one, they feel extremely threatened when the staff comes to clean their litter boxes and give them fresh food. They tend to lash out as staff tries to clean and the majority of bites/scratches, which staff endures is due to this reason. Larger cages would help us cut down a great deal on staff injuries. Regular City Council Minutes October 23, 2003 Page 416 4. They should be cleaned (regularly, with bleach). My staff cleans every day, seven days a week, to ensure that each animal has a clean cage to stay in while they are here. Staff cleans with a Chlorman, which is a specialized system that distributes sodium hypochlorite in a much more efficient manner than a traditional mixture of bleach and water. Also, staff cleans with other quaternary chemicals to prevent the development of any resistant bacteria or virus. Before I took over there were many areas of cleaning that needed improvement. Staff has addressed those and staff is working to rectify the problems. But you have to remember that a 35-40 year old animal shelter is going to have problems with smells due to the fact that the concrete absorbs urine and fecal wastes over the years and then it is impossible to get it out. 5. And there should be soft padding for the animals to sleep on. Puppies, kittens, and geriatric animals are provided for in this manner; however, staff does not have the staff, or the washing capacity, to ensure that every animal staff cares for has this luxury. In order to do this, staff would need at least three washers and dryers and a person whose sole job was laundry; staff currently have one washer and dryer. 6. For any animal that is not currently being treated for an illness or nursed due to extreme youth, the ARK's number one priority should be the adoption of the animal to a loving family. Every animal that is brought to our shelter is evaluated for adoption, but only a select few are able to make it into our program. Unfortunately, staff is limited by the number of cages and pens staff have available for our adoption program. Ideally, a shelter that handles the number of animals staff do would have at least twice the number of cages/runs that staff currently have for adoption. At my previous shelter, staff had 51 large dog runs, 59 small dog cages, and 42 cat cages in our adoption center. Staff does not have a total of 50 here. This goes back to our shelter being designed so many years ago when the function of animal control was "round 'em up and kill 'em." They didn't plan for people wanting to adopt these pets, and staff is forced to live with this design flaw on a daily basis. 7. And, most of all - no animal should be put to sleep unless it is incurably ill and in vast amounts of pain. All other animals stand a chance of being adopted, especially when the Lubbock Pet Project is so willing to take the animals off of the ARK's hands. I wholeheartedly disagree with this. A large number of the animals staff deals with are physically healthy, but do not make good candidates for adoption because of poor temperaments. Our first priority is to protect the citizens of this city - if staff place animals that staff know could be potentially dangerous because of their personalities, staff have failed to do our job properly. Staff cannot become an "animal warehouse" where they are caged for months or even years until they either die or finally do find someone willing to take them home. It is not the kindest thing for the animals involved, nor is it our purpose. The Lubbock Pet Project (LPP) is not willing to take every physically healthy animal that staff cannot find a home for. They would be overrun with animals within a week. LPP claims to have found homes for about 1,100 animals since 1997 or roughly 200 animals a year. In FY 2002-2003, staff handled over 26,000 animals, more than the City of Ft. Worth. It is obvious that there is no way they could handle the volume of animals staff deal with. Until staff can change people's attitudes regarding spaying and neutering, offer 416 Regular City Council Minutes October 23, 2003 Page 417 programs to help low-income residents and senior citizens, and force irresponsible pet owners to have their pets sterilized, the sad fact is that staff will continue to have to euthanize healthy pets because staff does not have room to save them all. This bothers no one more than it does my staff or me. After all, staff is the ones who have to handle this extremely difficult task." After receipt of this information, Ms. Killough-Walden requested to come before the City Council to discuss her funding concerns with regard to the shelter. (1A.) Robert Taylor appeared to address the proposal of honoring the late Governor Preston Smith by changing the name of Lubbock International Airport to Preston Smith International Airport — Lubbock. 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 the purchase, exchange, lease or value of real property, personnel, pending or contemplated litigation, competitive matters of the public power utility, and to review certified agenda from the prior executive session as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:46 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 551.072, to deliberate the purchase, exchange, lease, or value of real property (Business and Neighborhood Development). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager; City Secretary) and take appropriate action. ( 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 (Street Drainage; 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 Central Business District TIF Lubbock Emergency Communications District Board of Managers Planning and Zoning Commission ( 6.) 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 a competitive matter regarding natural gas supply, service and transportation contracts by the City of Lubbock; 417 Regular City Council Minutes October 23, 2003 Page 418 to deliberate, vote and take final action on a competitive matter regarding the operational contracts, strategies, goals, funding and the strategic purpose related to the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency; to deliberate, vote and take final action on a competitive matter regarding executive service agreements and amendments thereto, for contract services provided to Lubbock Power & Light and 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. ( 7.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.103, to review certified agenda from the prior executive session (City Secretary). 9:47 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Frank W. Morrison, Council Member T. J. Patterson; Tommy Gonzalez, Interim City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Council Member Martin Mayor McDougal called the meeting to order at 9: 47 A. M. (8.) Invocation by Dr. Bob Parker, Senior Minister, Faith Baptist Church. 9:53 A. M. Council Member Martin arrived. (9.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: Steve Alexander Jeffery Lowry (unable to attend) Board of Electrical Examiners Receiving: Mike Bunyard Neighborhood Redevelopment Commission Receiving: Velma Medina Planning and Zoning Commission Receiving: Marc Chapman Public Transit Advisory Board Receiving: Earnest Peeples (unable to attend) Structural Standards Commission Receiving: Bill Cantrell (unable to attend) Vernon Linton (unable to attend) 418 Regular City Council Minutes October 23, 2003 Page 419 CITIZENS APPEARANCES (10.) Presentation of a Special Recognition to Dan Dennison for receiving the National Certificate of Merit at the 2003 National Environmental Health Association's Annual Education Conference. The Texas Environmental Health Association (TEHA) nominated Dan Dennison for the National Certificate of Merit award. Previously, Mr. Dennison won the state level I.E. Scott award in 2000. These awards are presented each year to the top environmental health professional and both have similar rigorous criteria for qualification. The criteria for the award is as follows: having extensive education and work experience in environmental health, having frequent activity and contribution to professional environmental association and community groups, having performed professional duties in the field of environmental health above and beyond the usual employment requirements so as to elevate the professional status of the environmental health professional, and having made significant contributions to the betterment of the environmental health profession. Mr. Dennison was present to accept this national award, which is one of only fifteen in the country honoring exemplary contribution in the profession of environmental health. (11.) Presentation of a Special Recognition to the City of Lubbock Municipal Court commemorating November 3-7, 2003, as Municipal Courts' Week. The Texas House of Representatives, during the 78t' Legislative Session, passed a resolution declaring the week of November 3-7, 2003, as Municipal Courts' Week. This effort was undertaken to recognize the 5,000 municipal court judges and court support personnel who work diligently to ensure the fair administration of justice while upholding a high level of professionalism. There are 870 Municipal Courts in Texas, and this special recognition salutes their critical role in preserving public safety, protecting the quality of life in Texas communities, and deterring future criminal behavior. Lubbock's Municipal Court does outstanding work on behalf of the citizens of Lubbock. Judge Robert Doty and his staff were present to accept this special recognition. (12.) Presentation of a Special Recognition to Belinda Escobedo, City of Lubbock Police Dispatcher, for being nationally recognized as one of 10 National Telecommunicators of the Year, by the Commission on State Emergency Communications. Belinda Escobedo, a Police Department Dispatcher, was recently recognized nationally for providing exemplary service in helping a 9-1-1 caller last year. Belinda was selected as one of 10 National Telecommunicators of the Year by the Commission on State Emergency Communications. Five LPD dispatchers were nominated for the award including Carly Rudd, Kanna Jones, Belinda Escobedo, Mary Arnold, and Patty Thompson, mostly nominated by their peers. Belinda was nominated for her role in helping a frantic woman after she had been raped and was trying to get away to safety from several men. At the time of her call, she did not know where she was. Belinda was able to help the woman by talking with her until she could establish her location and send a police unit to help her. Ms. Escobedo was present to accept this award. 419 Regular City Council Minutes October 23, 2003 Page 420 (13.) Recognition of Carly Rudd, Police Department; Kanna Jones, Police Department; Mary Arnold, Police Department; Patty Thompson, Police Department; Amy Lewis, Police Department; Corporal Mark Long, Police Department; Water Utilities Crew; Rob Weiner, Mahon Library; Celia Webb, City Council; Lois Benedict, City Council; Laboratory Staff, City Health Department; Jane Stuart, Mahon Library; Kathy Bruns, City Manager's Office; Steve Lindell, Mahon Library; and Streets Department Employees for providing outstanding service to the citizens of Lubbock. The following individuals are to be commended for providing outstanding service to the citizens of Lubbock: • Carly Rudd, Kanna Jones, Mary Arnold, and Patty Thompson are dispatchers in the Lubbock Police Department. They were nominated for the National Telecommunicators of the Year award given by the Commission on State Emergency Communication. • Amy Lewis and Corporal Mark Long, with the Neighborhood Services Unit of the Lubbock Police Department, were commended by Sandy Glass and Lt. Chris Powe for their work in putting together the information for the broadcast of Lubbock sex offenders. • Water Utilities Crew were praised in a letter to the editor in the June 30 issue of the Lubbock Avalanche -Journal for their prompt response to a sewer main problem in the alley of Don MacNair. • Rob Weiner with the Mahon Library was praised in a letter to the editor in the September issue of the Lubbock Avalanche -Journal regarding the film series he organized at Mahon Library. • Celia Webb and Lois Benedict with the City Council Office were praised by Council Member Gary Boren for making last minute travel plans to Austin. + The Laboratory Staff from the City Health Department were praised in a letter from Thomas G. Betz, MD, MPH, with the Texas Department of Health for their handling of the toxicologic/biologic evaluation of a suspicious letter received by the Crosbyton Chamber of Commerce. • Jane Stuart with the Mahon Library is to be commended for her selection to represent West Texas on the Texas Bluebonnet Award Committee for children's books. + Kathy Bruns, City Manager's Office, received a letter from a citizen thanking her for her assistance in reaching the Animal Shelter when the telephones were not working. • Steve Lindell with the Mahon Library was praised in an e-mail from Joyce Dunn for his outstanding help with a computer problem in the Library's computer lab. • Street Department employees were praised in a letter to the editor in the October 10 issue of the Lubbock Avalanche -Journal for their service in blading a citizen's alley and adding material where the alley held water. 420 Regular City Council Minutes October 23, 2003 Page 421 CONSENT AGENDA (Item Nos. 14-29, 31-35, 37) Motion was made by Council Member Hernandez, seconded by Council Member Morrison to approve Items 14-29, 31-35, 37 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (14.) Approval of Minutes: October 9, 2003 Regular City Council Meeting October 9, 2003 Special City Council Meeting October 10, 2003 Special City Council Meeting (15.) ORDINANCE #2003-00111 - Abandon and close a 20 foot wide and a 16 foot wide alley located in Block 1, Westwood Drive Addition to the City of Lubbock (3610 21" Street) (second and final reading). ORDINANCE NO.2003-00111 AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT WIDE AND A 16 FOOT WIDE ALLEY LOCATED IN BLOCK 1, WESTWOOD DRIVE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (16.) Resolution No. 2003-RO469 authorizing the Mayor to execute an interlocal affiliation with the South Plains Association of Governments to develop a South Plains Hazard Mitigation Action Plan. RESOLUTION NO.2003-RO469 WHEREAS, hazard mitigation is defined as sustained actions taken to eliminate or reduce long-term risk to people and property from hazards and their effects; and WHEREAS, the goal of mitigation is to save lives and reduce damages to property, infrastructure, and the environment, and consequently to minimize the costs of disaster response and recovery activities; and WHEREAS, a hazard mitigation action plan is a community's dynamic record of its recognition that it is vulnerable and at risk from hazards, and represents a community's commitment to take the actions needed and implement specific mitigation strategies designed to reduce the community's long-term vulnerability, risk and exposure to adverse consequences resulting from hazards; and WHEREAS, the City of Lubbock, Texas, (the "City") supports efforts to promote hazard mitigation in the 15 county area known as the South Plains region through the development of the South Plains Hazard Mitigation Action Plan; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF LUBBOCK: THAT the City Council of the City of Lubbock, on behalf of the citizens of Lubbock, Texas, supports and endorses efforts to develop a regional hazard mitigation action plan as required by the Federal Emergency Management Agency and the Texas Division of Emergency Management to remain eligible for federal post -disaster recovery assistance for all local disasters occurring after November 1, 2004. Further, the City agrees to participate with the South Plains Association of Governments in submitting an 421 Regular City Council Minutes October 23, 2003 Page 422 All -Hazards Mitigation Action Plan to the Texas Division of Emergency Management and FEMA. The City agrees that its contribution will be limited to tracking staff time spent in providing required information to SPAG to develop the Hazard Mitigation Action Plan by dates set by the Parties. Passed by the City Council this 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ken Olson Ken Olson Emergency Management Coordinator APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims Assistant City Attorney The jurisdictions (cities/counties) of the South Plains Association of Governments have agreed to accept a Hazard Mitigation Program Grant from the Texas Department of Public Safety Division of Emergency Management. The purpose of the grant is to develop a regional Mitigation Action Plan as required by the Federal Emergency Management Agency for a jurisdiction to be eligible for certain hazard mitigation funds. The grant is in the amount of $100,000 and requires a 25% match from participants in the program. Based on population percentages within the region, the City of Lubbock's portion of the matching funds is $13,203.76. FISCAL IMPACT: The City of Lubbock's portion of the matching funds will be funded by the Self -Insurance fund. The development of the Mitigation Action Plan will provide the City of Lubbock with the opportunity to receive future mitigation funding from the Federal Emergency Management Agency. The funds may be used for various types of hazard mitigation projects within the Lubbock/Lubbock County jurisdiction. Staff recommended approval of this resolution. (17.) Resolution No. 2003-RO470 authorizing the Mayor to execute a revised agreement with Civic Lubbock, Inc. to further clarify that Civic Lubbock, Inc. is an independent concessionaire for the Civic Center and Auditorium/Coliseum. RESOLUTION NO. 2003-RO470 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 License Agreement for use of the Auditorium - Coliseum and the Lubbock Memorial Civic Center and any associated documents by and between the City of Lubbock and Civic Lubbock, Inc., for food, beverage and other 422 Regular City Council Minutes October 23, 2003 Page 423 concession sales, a copy of which License 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 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Vicki Key Vicki Key, Civic Services Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the License Agreement is filed with Resolution No. 2003-R0470. Civic Lubbock, Inc. has requested that this agreement be revised to further clarify that Civic Lubbock, Inc. is an independent concessionaire for the Civic Center and Auditorium/Coliseum. The added language in paragraph 13 is in accordance with the Texas Alcoholic Beverage Commission (TABC) statutes and affirms that the organization does not share in any sponsorship dollars generated by the operation of the Civic Center or Auditorium/Coliseum. It also affirms that Civic Lubbock, Inc. does not control the scheduling of events in the City facilities, as that is handled by the City of Lubbock. The provision also affirms that Civic Lubbock, Inc. makes the decisions on what products are sold and quantities of those products to be sold as an independent concessionaire. The TABC has agreed that since Civic Lubbock, Inc. meets the criteria as an independent concessionaire, events held in the Civic Center and Auditorium/Coliseum will be able to receive sponsorship dollars from other tiers of the alcoholic beverage industry, as well as from Civic Lubbock, Inc. The agreement between the City of Lubbock and Civic Lubbock, Inc. needs to be revised to affirm these provisions and the TABC has approved these revisions in the agreement. The revised agreement also incorporates the amendment, which was previously approved by City Council at their July 24, 2003 meeting. FISCAL IMPACT: None. Civic Lubbock, Inc. has requested that this agreement be revised to further clarify Civic Lubbock, Inc.'s role as an independent concessionaire. This will enable events to receive sponsorship dollars from both distributors and/or manufacturers of alcoholic beverages and from Civic Lubbock, Inc. Staff recommended approval of the revised agreement between the City of Lubbock and Civic Lubbock, Inc. 423 Regular City Council Minutes October 23, 2003 Page 424 i18•) Resolution No. 2003-RO471 authorizing and directing the payment of leave with pay to Officer Bill Bates, an Officer of the Lubbock Police Department, for a period not to exceed 182.5 days commencing October 21, 2003 as authorized by Chapter 143 of the Texas Local Government Code. RESOLUTION NO.2003-RO471 WHEREAS, Officer Bill Bates, an officer of the Lubbock Police Department, has honorably served the citizens of the City of Lubbock, since January 27, 1979: and WHEREAS, Officer Bill Bates has suffered an injury to his back, which injury occurred in the line of duty while he was serving the citizens of the City of Lubbock; and WHEREAS, Section 143.073 of the Texas Local Government Code provides that a municipality shall provide a police officer a leave of absence for an illness or injury related to the officer's line of duty and that, if necessary, such leave shall continue for at least one year; and WHEREAS, Section 143.073 of the Texas Local Government Code, provides that the governing bodies of municipalities may authorize an extension of leave with pay to officers who have exhausted the leave referred to above; and WHEREAS, Officer Bill Bates has exhausted the leave with pay authorized under Section 143.073 of the Texas Local Government Code; and WHEREAS, the City Council of the City of Lubbock, deems it to be in the best interest of the citizens of the City of Lubbock to authorize an extension of pay with leave to Officer Bill Bates pursuant to Chapter 143 of the Texas Local Government Code, and subject to Personnel Policy 6.11.B.2, for a period not to exceed 182.5 days commencing on October 21, 2003. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock, pursuant to Chapter 143 of the Local Government Code, and subject to Personnel Policy 6.11.B.2, hereby authorizes payment of leave with pay to Officer Bill Bates, an officer of the Lubbock Police Department, for a period of 182.5 days commencing on October 21, 2003. Passed by the City Council this 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones, Chief of Police APROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney Police Officer Bill Bates suffered a physical injury while on duty. He will exhaust the one-year of leave with pay authorized by Section 143.071 of 424 Regular City Council Minutes October 23, 2003 Page 425 the Texas Government Code. The adoption of this resolution would authorize an extension of leave with pay for a period not to exceed 182.5 days commencing October 21, 2003. FISCAL IMPACT: The City will continue to pay his salary. The amount paid will be reduced by the amount of pay he receives from Workers Compensation. The net pay amount will be $511.47 every two weeks for a total of approximately $9,206. Staff recommended approval of this resolution. (19.) Resolution No. 2003-RO472 authorizing the Mayor to execute an agreement between the City of Lubbock and AIG Life Insurance Company to provide Voluntary Accidental Death and Dismemberment Insurance. RESOLUTION NO.2003-RO472 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement, to provide voluntary accidental death and dismemberment insurance, by and between the City of Lubbock and AIG Life Insurance Company, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 23rd day of October 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 M. Knight John M. Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0472. There are no public funds involved in the voluntary Accidental Death and Dismemberment (AD&D) plan. The AD&D benefit is completely employee paid at a monthly rate of $.03 per $1,000 for employee only coverage and $.04 per $1,000 for family coverage. AIG Life Insurance Company has provided this plan since December 1, 2000. The contract expires November 30, 2003. A request for proposal (RFP) was distributed to solicit proposals for AD&D insurance. Five responses were received and reviewed by a Committee of City staff. The respondents were: 425 Regular City Council Minutes October 23, 2003 Page 426 AIG Life Insurance Company CIGNA Group Insurance MetLife Insurance Company AFLAC Assurance Company Fort Dearborn Life Insurance Company Proposals were evaluated on: Adherence to plan specifications 20% Financial Statements of Underwriter/Rating 20% Cost 40% Enrollment/Administrative Capabilities 10% Relevant Experiences/References 10% The AFLAC proposal was disqualified, because the plan did not adhere to plan specifications and the high monthly rates. The responses were ranked as follows: 1. AIG Life Insurance Company 2. CIGNA Group Insurance 3. Fort Dearborn Life Insurance Company 4. MetLife Insurance Company The Committee unanimously selected AIG Life Insurance based on a three-year rate guarantee and the level of benefits provided as outlined in the plan specifications. The contract will be effective December 1, 2003 and expire November 30, 2006. FISCAL IMPACT: None. (Optional employee paid benefit) The Review Committee recommended that the resolution be signed to execute an agreement to allow AIG Life Insurance Company to provide voluntary AD&D insurance coverage. (20.) Resolution No. 2003-RO473 authorizing the Mayor to accept an agreement allowing Royal Indemnity Insurance to transfer its $260,000,000 interest of the City of Lubbock's property insurance coverage to Resurgens Specialty Underwriters, Inc. (RSUI). RESOLUTION NO. 2003-RO473 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby approve for and on behalf of the City of Lubbock, an endorsement by Royal Indemnity Insurance to transfer its $260,000,000.00 interest of the City of Lubbock's property insurance coverage to RSUI (Resurgens Specialty Underwriters, Inc.). 426 Regular City Council Minutes October 23, 2003 Page 427 Passed by the City Council this 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Leisha Hutcheson Leisa Hutcheson, Risk Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney Best Rating downgraded Royal Indemnity Insurance, one of the City's Property Insurance carriers to a B+. Royal Indemnity Insurance has agreed to do a cut -through endorsement to RSUI who has a rating of AX. Effective October 1, 2003, Royal Indemnity Insurance was approved by Council as the City's insurance carrier for the third layer of property insurance. They carry $260,000,000 of $300,000,000 in coverage. The City's broker advised of the downgrade of Royal Indemnity to a B+. The City has always required that its carriers maintain a financial Best rating of A or better. In an effort to work through their financial difficulties, Royal Indemnity has agreed to do a cut -through endorsement to RSUI. This cut -through endorsement will allow the City to maintain its financial requirements at no additional cost. FISCAL IMPACT: There will be no charge for this endorsement. Staff recommended approval of this resolution. (21.) Resolution No. 2003-RO474 to approve a revised Investment Policy and Investment Strategy. RESOLUTION NO.2003-R0474 WHEREAS, on August 25, 1995, the City Council of the City of Lubbock adopted Resolution #4933 which established an investment policy for the City of Lubbock; and WHEREAS, on December 18, 1997, the City Council of the City of Lubbock adopted Resolution #5728 which revised the City's investment policy so as to comply with changes to the Public Funds Investment Act (Chapter 2256 of the Texas Government Code); and WHEREAS, on May 28, 1998, the City Council of the City of Lubbock adopted Resolution #5867 which revised the City's investment policy so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (Chapter 2256 of the Texas Government Code); and 427 Regular City Council Minutes October 23, 2003 Page 428 WHEREAS, on November 4, 1999, the City Council of the City of Lubbock adopted Resolution #6600 which revised the City's investment policy so as to make minor "housekeeping" changes and bring the current investment policy into compliance with House Bill 3009; and WHEREAS, on November 27, 2000, the City Council of the City of Lubbock adopted Resolution #2000-R0418, which revised the City's investment policy so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (chapter 2256 of the Texas Government Code); and WHEREAS, on November 8, 2001, the City Council of the City of Lubbock adopted Resolution #2001-R0471, which revised the City's investment policy so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (Ch. 2256 of the Texas Government Code); and WHEREAS, on February 13, 2003, the City Council of the City of Lubbock adopted Resolution #2003-R0065, which revised the City's investment policy so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (Chapter 2256 of the Texas Government Code); and WHEREAS, the City Council has reviewed and approved the City of Lubbock Texas Investment Policy and Investment Strategy and desires to make certain changes thereto so as to amend current practices, which revisions comply with the Public Funds Investment Act (Chapter 2256 of the Texas Government Code); NOW THEREFORE; IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock investment policy and investment strategy, as reviewed and amended in the attached document entitled "City of Lubbock, Texas, Investment Policy and Investment Strategy" which is hereby incorporated in this Resolution as if fully set forth, BE approved and adopted for the City of Lubbock, Texas, and shall be included in the minutes of the Council. Passed by the City Council this 23rd day of October 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges Interim Chief Financial Officer APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Investment Policy and Investment Strategy is filed with Resolution No. 2003-R0474. 428 Regular City Council Minutes October 23, 2003 Page 429 An annual review, by the City Council, of the City of Lubbock Investment Policy and Investment Strategy is required by the Public Funds Investment Act (Government Code 2256.005e). The Investment Policy and Investment Strategy has been updated to reflect changes as recommended by the City's Investment Review Committee (IRC). The agenda back-up information includes a "red -lined" version of the Policy/Strategy to highlight all changes that have been made at this time. FISCAL IMPACT: Not Applicable. The City Manager has appointed members to the IRC, which is mandated by the City's Investment Policy and Investment Strategy. The IRC has reviewed the changes to the Investment Policy and Investment Strategy. The IRC recommended approval of this resolution. (22.) Resolution No. 2003-RO475 to update and designate authorized representatives on the City's accounts with the public funds investment pool known as the Texas Local Government Investment Pool (TexPool). RESOLUTION NO.2003-R0475 A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES WHEREAS, CITY OF LUBBOCK (the "City") is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the City to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool ("TexPool"), a public funds investment pool, was created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the City and are each hereby authorized to transmit funds for investment in TexPool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. SECTION 2. THAT an Authorized Representative of the City may be deleted by a written instrument signed by all remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the City's TexPool account or (2) is no longer employed by the City; and SECTION 3. THAT the City may be Amending Resolution signed by the City add an Authorized provided the additional Authorized Representative is an officer, employee, or agent of the City; SECTION 4. THAT the following persons are Authorized Representatives of the participant. These individuals will be issued P.I.N. numbers. 429 Regular City Council Minutes October 23, 2003 Page 430 1. Name: Andy Burcham Signature: /s/ Andy Burcham 2. Name: Beverly Hodges Signature: /s/ Beverly Hodges 3. Name: Danielle Whitfill Signature: /s/ Danielle Whitfill 4. Name: Jeff Snyder Signature: /s/ Jeff Snyder Title: Cash & Debt Manager Direct Phone Number (806)775-2149 Interim Chief Financial Officer Direct Phone Number(806)775-2161 Title: Financial Analyst Direct Phone Number(806)775-2041 Assistant Chief Accountant Direct Phone Number(806)775-2060 List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name: Danielle Whitfill SECTION 5. THAT this Resolution and its authorization shall continue in full force and effect until amended or revoked by the City, and until TexPool receives a copy of any such amendment or revocation. This Resolution is hereby introduced and adopted by the City at its regular/special meeting held on the 23rd day of October, 2003. Passed by the City Council this 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges Interim Chief Financial Officer APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney The City entered into a Participation Agreement with TexPool on May 28, 1998. Due to staffing changes, it is necessary to update and designate new authorized representatives on these accounts. The designation of "Authorized Representative" provides full power and authority to: transmit funds for investment in TexPool and withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. All transactions require dual signature for added security and compliance with the City's Investment Policy. The updated "Authorized Representatives" will include: Beverly Hodges, Interim Chief Financial Officer 430 Regular City Council Minutes October 23, 2003 Page 431 Andy Burcham, Cash & Debt Manager Jeffrey Snyder, Chief Accountant Danielle Whitfill, Financial Analyst FISCAL IMPACT: Not Applicable. Staff recommended approval of this resolution. (23.) Resolution No. 2003-RO476 to update and designate authorized representatives on the City's accounts with the public funds investment pool known as the Local Government Investment Cooperative (LOGIC). RESOLUTION NO.2003-R0476 A RESOLUTION CHANGING AUTHORIZED REPRESENTATIVE FOR LOCAL GOVERNMENT INVESTMENT COOPERATIVE WHEREAS, CITY OF LUBBOCK (the "City") by authority of that certain Local Government Investment Cooperative Resolution dated May 23, 1996, (the "Resolution") has entered into that certain Interlocal Agreement (the "Agreement") and has become a participant in the public funds investment pool created thereunder known as Local Government Investment Cooperative ("LOGIC"); WHEREAS, the Resolution designated on one or more "Authorized Representatives" within the meaning of the Agreement; WHEREAS, the City now wishes to update and designate the following persons as the "Authorized Representatives" within the meaning of the Agreement; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: The following officers, officials or employees of the City are hereby designated as "Authorized Representatives" within the meaning of the Agreement, with full power and authority to: deposit money to and withdrawal money from the City's LOGIC account or accounts from time to time in accordance with the Agreement and the Information Statement describing the Agreement and to take all other actions deemed necessary or appropriate for the investment of funds of the Government Entity in LOGIC: Signature: /s/ Andy Burcham Printed Name: Andy Burcham Title: Cash & Debt Manager Signature: /s/ Beverly Hodges Printed Name: Beverly Hodges Title: Interim Chief Financial Officer Signature: /s/ Danielle Whitfill Printed Name: Danielle Whitfill Title: Financial Analyst Signature: /s/ Jeff Snyder Printed Name: Jeff Snyder Title: Chief Accountant The foregoing supersedes and replaces the City's previous designation of officers, officials or employees of the City as Authorized Representatives under the Agreement pursuant to paragraph 4 of the Resolution. Except as hereby modified, the Resolution shall remain in full force and effect. 431 Regular City Council Minutes October 23, 2003 Page 432 PASSED BY THE City Council this 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges Interim Chief Financial Officer APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney The City entered into an Interlocal Agreement with LOGIC on May 23, 1996. Due to staffing changes, it is necessary to update and designate new authorized representatives on these accounts. The designation of "Authorized Representative" provides full power and authority to: deposit money to and withdraw money from the City's LOGIC account or accounts from time to time in accordance with the agreement and the information statement describing the agreement and to take all other actions deemed necessary or appropriate for the investment of funds of the City in LOGIC. All transactions require dual signature for added security and compliance with the City's Investment Policy. The updated "Authorized Representatives" will include: Beverly Hodges, Interim Chief Financial Officer Andy Burcham, Cash & Debt Manager Jeffrey Snyder, Chief Accountant Danielle Whifill, Financial Analyst FISCAL IMPACT: Not Applicable. Staff recommended approval of this resolution. (24.) Resolution No. 2003-RO477 authorizing the Mayor to execute an interlocal agreement extension, and all related documents between the City of Lubbock and the Texas Workforce Commission. RESOLUTION NO. 2003-RO477 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 extension by and between the City of Lubbock and Texas Workforce Commission. 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. 432 Regular City Council Minutes October 23, 2003 Page 433 Passed by the City Council this 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney - Nancy Haney Community Development Director APPROVED AS TO FORM: /s/ AM L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0477. This agreement allowed the City to obtain information from the Workforce Commission to track recipients of Community Service Block Grant and Community Development Block Grant funds to see if they do transition out of poverty. This information is needed to report to the State and to the Federal agencies on our success in the programs. A list will be provided to the State to gain the information requested on program participants. They will then send the requested information back. FISCAL IMPACT: No impact to general fund, 100% paid by grant funds. Community Development recommended approval of this resolution. (25.) Resolution No. 2003-RO478 authorizing the Mayor to execute Contract No. 514 05F7057 with the Texas Department of Transportation (TxDOT) for operating assistance. RESOLUTION NO.2003-RO478 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 No. 51405F7057 for operating assistance, by and between the City of Lubbock and Texas Department of Transportation (TxDOT), 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. 433 Regular City Council Minutes October 23, 2003 Page 434 Passed by the City Council this 23rd day of October, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White Assistant City Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney A copy of the Contract is filed with Resolution No. 2003-R0478. TxDOT is allocating $880,418 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system (Citibus) for Fiscal Year 2003-2004. The $880,418 is included in the Citibus budget for Fiscal Year 2003-2004 that has been previously reviewed by City Council. The contract is effective from September 1, 2003, or when fully executed by both parties, and shall terminate on August 31, 2004. Acceptance of the contract will result in no additional cost to the City of Lubbock. The Texas Department of Transportation has not allocated funds for the second year (Fiscal Year 2004 — 2005) of the biennium. However, Citibus anticipates it will be about the same as this year. FISCAL IMPACT: No additional cost to the City of Lubbock. Citibus recommended approval of this resolution.. (26.) Resolution No. 2003-RO479 authorizing the Right -of -Way Department to make an offer to George H. McMahan, Inc. for a 10 foot wide water line easement located in Section A-K, Block 31, Lubbock County, Texas (7502 82"d Street, north side of 82°d Street between Alcove Avenue and Wausau Avenue). RESOLUTION NO.2003-RO479 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 easements for municipal public use and purposes, to -wit: for the underground water line easements in the southwest Lubbock annexation area and 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 easements as needed for such purposes as aforesaid; NOW THEREFORE: 434 Regular City Council Minutes October 23, 2003 Page 435 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent water line easement to the tract of land further described in Exhibit "A", attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being George H. McMahan, Inc., BE offered through the Right -of -Way Department of the City of Lubbock the amount of $17,900 which is the amount appraised as the value and total damages for the permanent water line easement and acquisition of said real estate purposes herein stated, and 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 permanent water line easement. Passed by the City Council this 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney A copy of the Exhibit "A" is filed with Resolution No. 2003-R0479. The City of Lubbock is in the process of extending a water line westward down 82"d Street to serve the City of Wolfforth. George McMahan owns the property on the north side of 82"d Street between Alcove Avenue and Wausau Avenue. This water line easement request is to acquire a 10-foot water line easement along the south 10-feet of Mr. McMahon's property. This 10 foot wide by 2,565.29 foot long easement contains 25,546 square feet. Tommy Cantrell, M.A.I., appraised this easement at $17,900, which is our offer to Mr. McMahan. Mr. McMahan has requested that the Water Utilities Department issue him a credit for this $17,900 to be applied for future pro-rata costs when he develops additional property. This resolution also authorizes the City to institute condemnation proceedings to acquire this property if our offer is refused. FISCAL IMPACT: The acquisition of this easement will be at a cost of $17,900. Funding will come from the water utilities pro-rata fund. The Right -of -Way Department recommended approval of this resolution. (27.) Resolution No. 2003-R0480 authorizing the Mayor to sign a contract with Parkhill, Smith & Cooper, Inc. engineering consultant, to provide engineering services for construction of street and surface drainage improvements at various locations. m Regular City Council Minutes October 23, 2003 Page 436 RESOLUTION NO.2003-RO480 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 engineering services with regard to street and surface drainage improvements at various locations in the City of Lubbock, 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. Passed by the City Council this 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, PE, City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Attorney of Counsel A copy of the Agreement is filed with Resolution No. 2003-R0480. The two firms submitting proposals for this work were Enprotech and Parkhill, Smith & Cooper, Inc. (PSC). PSC was determined to be the best qualified for this project. The contract to be executed will include engineering services for construction of the following projects: A northbound right turn lane on Frankford at Spur 327, and a southbound right turn lane at 19th Street. Replacement of miscellaneous curb and gutter to eliminate standing water. Rebuilding of the Clapp Park storm water pump station. Dip section on 34th Street west of Milwaukee. 98th and Quaker drainage channel improvements. Jan Jennings Park lake overflow improvements. 84th and Memphis drainage improvements. 29th Drive east of Slide Road drainage channel. 34th from Chicago to Frankford drainage channels. Stevens Park drainage channel extensions. 436 Regular City Council Minutes October 23, 2003 Page 437 The contract includes basic design services and additional services to be provided upon request by the City. Each of the services is to be paid for on an hourly basis for actual services provided, with a not to exceed total amount of $96,319. The time of completion for the contract is 14 months. FISCAL IMPACT: This project was included in the 1999 bond election. $1,136,000 was budgeted for design and construction of various surface drainage improvement projects. Several projects have previously been constructed on other contracts. $1,001,053 remains available for this project. $83,000 is budgeted for the Frankford and Spur 327 right turn lane. $390,000 is budgeted for the 19th and Frankford right turn lane. Staff recommended approval of this resolution. (28.) Resolution No. 2003-RO481 authorizing the Mayor to execute a Professional Services Contract with Parkhill, Smith & Cooper, Inc. for the construction documents for the Fiesta Plaza, which will be located at the Buddy Holly Recreation Area. RESOLUTION NO.2003-RO481 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 architectural/engineering services with regard to Fiesta Plaza, 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. Passed by the City Council this 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Kay Miller for Corbin Pemberton Corbin Pemberton, Director of Parks and Recreation 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-RO481. In the 1970s construction began on the Canyon Lakes Project, a six -mile long regional park. Over the next 20 years, several Goals for Lubbock documents called for the completion of the Canyon Lakes Project, which is now known as the Jim Bertram Lake System. 437 Regular City Council Minutes October 23, 2003 Page 43 8 In June 1999, the team of Carter & Burgess and Parkhill, Smith & Cooper, Inc. completed the Canyon Lakes Master Plan Feasibility Study. The study provided the plan for completing the regional park with an emphasis on a continuous, navigable body of water and the design and location of bridges to allow boat, vehicular, and pedestrian circulation throughout the canyon. The study provided the basis for the September 1999 citizen approval of $500,000 in G.O. Bonds for the construction of Fiesta Plaza. In October 2001, the City entered into a design contract with Carter Burgess and Parkhill, Smith & Cooper, Inc. for the master plan of Fiesta Plaza. In January 2002, Texas Parks and Wildlife awarded a $500,000 grant for the project. The funds will be used to construct a festival area that will consist of several performance areas, picnic area, a boat dock, fishing pier, a cultural kiosk, and landscaping. The performance areas will include a small outdoor stage, a large covered pavilion, and a multi -purpose court. Each of these will have electrical infrastructure in place so that they can serve multiple functions for different festival needs. With the master plan and the archaeology completed, the project is now ready for the preparation of construction documents. This contract will include Parkhill, Smith & Cooper, Inc. as the prime consultant, with Carter Burgess as the sub -contractor. The basic cost for these design services is on a lump sum basis and includes all professional fees necessary to perform the work as noted below. Reimbursable expenses are on an actual costs basis and will be additional to the basic services fee. Basic Reimbursable Services Expenses 1. Preliminary Design ........................... $28,350.......... $4,000 2. Final Design ................................... $34,650.......... $1,500 3. Bidding Phase .............................. .$ 9,000.......... $2,000 4. Final Design .................................. $18,000.......... $1,000 TOTAL BASIC SERVICES FEE ............... $90,000 (Lump Sum) REIMBURSABLE EXPENSES (Not to Exceed) ................. $8,500 The scope of services, including construction, which will be in Spring 2004, is to be completed by December 31, 2004. FISCAL IMPACT: In September 1999, the citizens approved $500,000 for this project. In January 2002, Texas Parks and Wildlife awarded an additional $500,000 for this project. To date, $145,134 has been spent on master planning, archaeology, and soil testing. Upon approval of this contract, there will be $756,366 left for construction. In July 2000, a business plan was developed for Fiesta Plaza. Once construction is completed, it is estimated that the annual net operating impact will be $11,775. Staff recommended approval of this resolution. (29.) Resolution No. 2003-R0482 for Sales and Maintenance Agreement for Communication Network Equipment and Services (Information Technology). 438 Regular City Council Minutes October 23, 2003 Page 439 RESOLUTION NO.2003-RO482 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 Sales Agreement for Communication Network Equipment and Services and all related documents between the City of Lubbock and Southwestern Bell Telephone. 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 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Yearwood Mark Yearwood, Director, Information Technology 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-R0482. This contract with Southwestern Bell Telephone Company (SBC) is for the installation and maintenance of SONET network equipment at three locations. In December 2000, Information Technology completed Phase I of the Communications Infrastructure project, which connected Municipal Square to the Fire Administration complex using SONET technology. Phase II, completed in 2001, created a redundant, survivable communications ring (meaning if fiber were cut between two SONET nodes, the transmission path would reverse with no loss of communication). The current phase is intended to add three new sites to the communications infrastructure and will allow high-speed voice, video, and data communications to three facilities. This contract will connect three additional SONET nodes at Lubbock International Airport, Water Treatment Facility, and Water Reclamation Facility to the ring that already exists between Municipal Square, Fire Administration, Municipal Hill, Slaton Substation, and Cooke Generation Plant. Purchase of the equipment is from SBC's Tex -An 2000 contract, which is the State of Texas' Department of Information Resources contract with Southwestern Bell Corporation. FISCAL IMPACT: A total of $1,000,000 was appropriated and $573,959 is available in project number 90072 (Communication Infrastructure) for this purpose. 439 Regular City Council Minutes October 23, 2003 Page 440 Award contract to Southwestern Bell Telephone of San Antonio, Texas, for $172,916.88. The next item considered was Item 31. (30.) Resolution No. 2003-R amendment extending the City's contract with Physicians Network Association (PNA) for one year. This item was deleted. (31.) Consider approval of an Oil Drilling Permit for Lubheirs 921. A public hearing was held during the October 9, 2003 Council meeting. This item was considered following Item 29. (32.) Resolution No. 2003-110483; Resolution No. 2003-110484; Resolution No. 2003-R0485/RFP 9098-03/RW —for Wireless and Cellular Services for the City of Lubbock (Telecommunications/Citywide). UTIO .T NO. 2003-R0483 RESOL 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 Wireless Service Agreement and all related documents between the City of Lubbock and Cingular Wireless. 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 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Yearwood Mark Yearwood, Director, Information Technology 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-R0483. RESOLUTION NO.2003-RO484 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 Wireless Service Agreement and all related documents between the City of Lubbock, Nextel Partners Operating Corp. and Shamrock Wireless. 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. 440 Regular City Council Minutes October 23, 2003 Page 441 Passed by the City Council this 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Yearwood Mark Yearwood, Director, Information Technology 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-R0484. RESOLUTION NO.2003-RO485 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 Wireless Service Agreement and all related documents between the City of Lubbock and CellularOne. 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 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Yearwood Mark Yearwood, Director, Information Technology 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-R0485. These contracts are for cellular phone services for the City of Lubbock. The City uses cellular phone services to enhance efficiencies in daily 441 Regular City Council Minutes October 23, 2003 Page 442 operations and as a means to increase response time to citizens. Due to the differences in the products offered by the respondents to the request for proposal (RFP), the vendors (Shamrock Wireless, Next Wireless, Nextel Partners, and NTS) offering the cell phone/2-way phone were evaluated against each other. The vendors (Cellular One, Cingular, Aijay, Venture, T-Mobile and Sprint) offering the cell phone service were judged against each other as well. The RFP Evaluation Committee ranked the respondents to the RFP as follows: Cell phone/2-wav phone: Shamrock Wireless of Lubbock, TX 86.08 Next Wireless of Tyler, TX 84.83 NTS Communications, Inc. of Lubbock, TX 78.58 Nextel Partners, Inc. of Lubbock, TX 59.50 Cell phone service: Cingular Wireless of Lubbock, TX 88.33 Cellular One of Lubbock, TX 82.25 Sprint PCS/Texas Telecommunication of Lubbock, TX 77.05 Total Mobility of Irving, TX 70.92 Aijay Telecommunications of Torrance, CA 49.50 Venture Communications of Lubbock, TX 15.75 Proposals were evaluated and ranked using the following criteria: • Quality of references received from business users of the vendor's cellular services and financial information provided by the vendor -20% • Ease of access to cellular services and coverage areas - 20% • Adequacy of reporting and invoicing to enable the City to allocate charges by employee (i.e. electronic billing that includes incoming phone numbers) - 20% • Net monthly cost to the City for cellular services - 30% • Disaster plans for cellular services - 10% The successful vendor(s) had to score at least 80% of each of the above evaluation criteria to be given additional consideration. The RFP Evaluation Committee included representatives from the Police Department, Fire Department, Parks and Recreation, Water Utilities, Lubbock Power & Light, and Telecommunications. After evaluating the proposals, the Committee interviewed the top four ranked vendors to derive the best and final offer that would provide the best services to the City of Lubbock. Twenty-seven local vendors were notified of the Request for Proposal. FISCAL IMPACT: The Cingular plan will cost $3,000 per month and will include 50,000 minutes that are pooled. The Cellular One plan will cost the City $0.10 per minute for phone usage. The Nextel plan will cost $35.99 per phone each month and will include 300 cell minutes, 250 two-way minutes and 3,450 night/weekend minutes. The minutes on this plan can be pooled as well. 442 Regular City Council Minutes October 23, 2003 Page 443 A total of $160,000 was appropriated and $160,000 is available in project number 3409.9145.06048 (Wireless) for this purpose. Award contracts to Shamrock Wireless of Lubbock, Texas, Cingular Wireless of Lubbock, Texas and Cellular One of Lubbock, Texas. (33.) Resolution No. 2003-R0486BID #121-03BM —for litter fence netting for Abernathy Landfill (Solid Waste). RESOLUTION NO. 2003-RO486 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 litter fence netting for Abernathy Landfill, by and between the City of Lubbock and Redden Marine Supply, Inc of Bellingham, WA., 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 23rd day of October, 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-R0486. This bid is for the purchase of a 24-foot high litter control fence approximately 6,480 feet in length to be installed by City crews around the new Cell II being constructed at the Abernathy Landfill. City crews constructed a fence of this magnitude around Cell I in 2000. This project is necessary to reduce windblown trash from being scattered on property adjacent to the landfill. This project will reduce costs associated with labor required to pick up windblown litter by hand. _ The low bidder has agreed to sell this item to other governmental entities, which have cooperative purchasing agreements with the City of Lubbock. Three local vendors were notified of the invitation to bid. FISCAL IMPACT: A total of $3,547,000 was appropriated and $48,000 is available in project number 9183 (Cell II Construction) for this purpose. 443 Regular City Council Minutes October 23, 2003 Page 444 Award bid to Redden Marine Supply, Inc. of Bellingham, Washington for $34,550.34. (34.) Resolution No. 2003-110487/ BID #163-03/BM — for Pump Station #10 — 7,000,000 Million Gallon Reservoir (Public Works). RESOLUTION NO. 2003-RO487 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 Pump Station #10 — 7 Million Gallon Reservoir, Bid #163-03/13M, by and between the City of Lubbock and Preload, Inc. of Hauppauge, NY, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of October, 2003. ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 23rd day of October, 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 Preload, Inc., of the City of Hauppauge, County of Suffolk, 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 #163-03BM - PUMP STATION #10 7-MILLION GALLON RESERVOIR - $3,626,858.00 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 444 Regular City Council Minutes October 23, 2003 Page 445 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. CITY OF LUBBOCK, TEXAS (OWNER) Preload, Inc. By: Marc McDougal By: /s/ Jack Hornstein Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: /s/ Chester Carthel Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney PRINTED NAME: Jack Hornstein TITLE: Vice President COMPLETE ADDRESS: Preload, Inc. 60 Commerce Drive Hauppauge, NY 11788 ATTEST: Joanne C. Marron Corporate Secretary This project includes the demolition and removal of the existing 10,000,000 gallon reservoir at Pump Station # 10, installation of a bypass line, and the construction of a 7,000,000 gallon round, pre -stressed, wire -wound, type III concrete tank. The existing reservoir located at 82nd Street and Memphis Avenue must be replaced due to structural problems caused by rising ground water. When the reservoir was designed and constructed, ground water was not found and was, therefore, not considered in the design. Over the years, due to lessening demands on the aquifer for irrigation and use of imported water, the ground water elevation has risen to a level above the bottom of the existing tank. This puts the City in violation of current Texas Commission on Environmental Quality (TCEQ) regulations with the possibility of future fines. The proposed tank will be built above existing ground water levels and will meet current TCEQ requirements. Bids were received from the following companies: Preload, Inc. of Hauppauge, NY $3,626,858 NATGUN Corporation of Wakefield, MA $3,791,650 Both bidders (being strictly the tank contractor) will use Brown -McKee of Lubbock, Texas, as their subcontractor on this project. Time for substantial completion of this project is 270 calendar days and liquidated damages is $500 per day. One hundred thirty-seven local vendors were notified of this invitation to bid. Regular City Council Minutes October 23, 2003 Page 446 FISCAL IMPACT: A total of $9,900,000 was appropriated and $5,441,067 is available in project number 9567 (Pump Station Rehabilitation) for this purpose. Award contract to Preload, Inc. of Hauppauge, New York for $3,626,858. (35.) Resolution No. 2003-R0488BID #169-03/RS — for Round Hay Bale Trailer Transport (Fleet Services). RESOLUTION NO.2003-RO488 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 round hay bale trailer transport, by and between the City of Lubbock and Scott Tractor & Equipment 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 23rd day of October, 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-R0488. This bid is for the purchase of two round hay bale movers and trailers to be used by the Land Application Site to remove the bales of hay from the fields. Each trailer will load, carry, and unload 12 round bales during hay season. The trailers will be used exclusively by Lubbock Land Application Site employees to move the hay out of the fields. The low bidder has agreed to sell this item to other governmental entities that have cooperative purchasing agreements with the City of Lubbock. Forty-six local vendors were notified of this invitation to bid. FISCAL IMPACT: A total of $251,000 was appropriated and $134,541 is available in project number 90284 (Sewer Fleet Replacement) for this purpose. Award the bid to Scott Tractor & Equipment Company, Inc. of Lubbock, Texas for $31,870. MR Regular City Council Minutes October 23, 2003 Page 447 Council Member Morrison asked staff to provide him with a copy of the bid specs. The next item considered was Item 37. (36.) Resolution No. 2003-R0490/BID #171-03/RS —for Fire Station #12 Dorm Renovations (Facilities Management). This item was considered following Item 37. RESOLUTION NO.2003-RO490 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 Fire Station #12 dorm renovations, Bid #171-03/RS, by and between the City of Lubbock and D & V Construction, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 23rd day of October, 2003, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and D & V Construction, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #171-03/RS - FIRE STATION #12 DORM RENOVATIONS - $109,697.00 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, 447 Regular City Council Minutes October 23, 2003 Page 448 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. CITY OF LUBBOCK, TEXAS (OWNER) D & V Construction, Inc. By: Marc McDougal By: /s/ Charles Davis Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney PRINTED NAME: Charles Davis TITLE: Vice President COMPLETE ADDRESS: D & V Construction, Inc. 13910 Highway 87 Lubbock, TX 79423 ATTEST: Charles Davis Corporate Secretary This bid is for the renovation of the dorm area at Fire Station #12. The work will involve completely removing all interior walls, ceilings, mechanical and electrical systems on the dorm side. The slab will be removed and soil will be excavated. New plumbing will be installed. New soil will be installed and compacted. New interior renovations will take place once the new slab has been constructed. Time for completion of this project is 90 days and liquidated damages is $250 per day. Thirty-seven local contractors were notified of this Invitation to Bid. FISCAL IMPACT: A total of $190,000 was appropriated and $179,255 is available in project number 900-90295 (Fire Station #12 Dorm Renovations) for this purpose. Award contract to D&V Construction Company of Lubbock, Texas for $109,697. Harlan Stauffer, Facilities Manager and Deputy Fire Chief Rhea Cooper gave staff comments. Motion was made by Council Member Gilbreath, seconded by Council Member Patterson to pass Resolution No. 2003-R0490 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Im Regular City Council Minutes October 23, 2003 Page 449 The next item considered was Item 38. (37.) Resolution No. 2003-R0489/ BID #180-03/RS —for Gasoline and Diesel Fuel Bulk Delivery — Annual Pricing (Fleet Services). This item was considered following Item 35. RESOLUTION NO.2003-RO489 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 bulk delivery — annual pricing, by and between the City of Lubbock and Griffin 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 23rd day of October, 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-R0489. The purpose of this bid is to establish firm annual pricing for transport load and bobtail load of unleaded and diesel fuel used in City of Lubbock's motor vehicles and other equipment. Annual average usage for unleaded fuel is about 598,500 gallons and about 795,000 gallons for diesel. This bid may be renewed up to two additional years, in one-year time periods under the same terms and conditions. The bidder's bid their margin and any applicable payment discount and/or freight, which remain firm throughout the term of the contract. For comparison purposes, bids were tabulated using the "rack price" per gallon on Monday, October 6th, plus the bidder's margin and any applicable payment discount and/or freight. Ten local businesses were notified of the invitation to bid. The low bidder has agreed to sell this item to other governmental entities that have cooperative purchasing agreements with the City of Lubbock. 449 Regular City Council Minutes October 23, 2003 Page 450 FISCAL IMPACT: A total of $2,052,802 was appropriated and $2,052,802 is available in account number 310.2117 (Inventory Diesel Fuel) and 310.2115 (Inventory Unleaded Fuel) for this purpose. Award bid to Griffin Oil Company of Lubbock, Texas for $1,332,618.05. The next item considered was Item 36. ORDINANCES FOR PASSAGE Second Reading (38.) ORDINANCE NO. 2003-00112 - An ordinance abandoning and closing a 10-foot underground utility easement located in Lot 15, Block 130, Overton Addition to the City of Lubbock (2420 8th Street) (second and final reading). This item was considered following Item 36. ORDINANCE NO. 2003-00112 AN ORDINANCE ABANDONING AND CLOSING A 10 FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 15, BLOCK 130, IN THE OVERTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance was read for the first time at the October 9, 2003, City Council Meeting as a regular consent agenda item. FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the second reading of this ordinance. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass on second and final reading Ordinance No. 2003-00112 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. The next item considered was Item 48A. PUBLIC HEARINGS 10:45 A. M. Zoning Items 39-44 were considered following Item 55. (39.) Ordinance No. 2003-00113/ZONE CASE NO. 2982 (8701 West 19th Street): Hold a public hearing to consider request of Michael H. Dunn (for TMT Investments, Inc.) for a zoning change from R-1 to C-4 on 0.397 acres of unplatted land out of Section 6, Block D-6. 101 Regular City Council Minutes October 23, 2003 Page 451 ORDINANCE NO.2003-00113 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2982; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON 0.397 ACRES OF UNPLATTED LAND OUT OF SECTION 6, BLOCK D-6, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:45 a. in. Michael Dunn was present on behalf of TMT Investments Inc. No one appeared in opposition. Mayor McDougal closed the hearing at 10:46 a. in. The parcel was a service station at some time before the area in West Lubbock was annexed in 1984. The parcel has been used for several businesses, including used vehicle sales. Adjacent land use: North — vacant South — a mixture of commercial and residential East — vacant West— commercial Although the parcel has been used for a number of businesses, it has been vacant for more than one year and the nonconforming status as a used vehicle sales lot expired. The owner was asked to apply for zoning that will accommodate the anticipated uses of the building. Requests for zoning along 19`h, west of Loop 289, have traditionally included a strike list of permitted uses. Following is a list from one of the cases that zoned much of the frontage from Upland to Alcove. The list is altered to not strike used vehicle sales since at least two other cases have allowed used car sales west of Upland on 19" . The Planning Commission recommended approval of this ordinance with the proposed strike list subject to the following conditions: • Automobile body shops • Billboards • Commercial private and teenage clubs • Dancehall • Feed store • Used furniture • Game room (except as an incidental use) • Motorcycle shop • Second-hand goods store or pawn shop • Nightclub FISCAL IMPACT: Not Applicable. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00113 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 451 Regular City Council Minutes October 23, 2003 Page 452 (40.) Ordinance No. 2003-00114/ZONE CASE NO. 2178-G (Southwest corner of 98th Street and Indiana Avenue): Hold a public hearing to consider request of Craig Wallace Construction (for Surya Liman) for a zoning change from A-1 and C-2 to GO, C-2, and A-1 (for an apartment complex and commercial development) on 12.73 acres of unplatted land out of Section 18, Block E-2. ORDINANCE NO.2003-00114 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2178-G; A ZONING CHANGE FROM A-1 AND C-2 TO GO, C-2, AND A-1 ZONING ON 12.73 ACRES OF UNPLATTED LAND OUT OF SECTION 18, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:45 a. m. No one appeared on behalf of Craig Wallace Construction for Surya Liman. No one appeared in opposition. Mayor McDougal closed the hearing at 10:46 a. m. The request represents an adjustment of the current zoning on the southwest corner of 98`h and Indiana. Some of the interior existing C-2 is being rezoned A-1 for an apartment complex. A portion of existing A-1 is requested as C-2 on 98`h Street, and the existing A-1 area on the corner of 98`h and Jordan is requested as Garden Office. The most important element of this request is that the area on the south side is currently A-1 and will remain A-1. Several residents on 101't appeared at the hearing, not so much in opposition as not aware of the proposal. Several seemed unaware that the property has been zoned for apartments for 25 years. Adjacent land uses: North — commercial and residential South — residential East — commercial West — residential The proposal is consistent with the policies of the Comprehensive Land Use Plan and the zoning ordinance. As noted, the request is a rearrangement of the current zoning. Within the ordinance controlling the existing zoning on the tract, a 155- foot strip of the A-1 on the south boundary contains a condition that should be continued in this request - that no apartment unit be constructed that is more than one story. The original zone case in 1978 attached this condition to benefit the residential to the south. The proposal will not have any additional impact on the thoroughfare system. The Planning Commission recommended the request with the following condition: 1. That the south 155 feet of the A-1 tract be limited to single story structures. FISCAL IMPACT: Not applicable. 452 Regular City Council Minutes October 23, 2003 Page 453 Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. Council Member Martin requested that Randy Henson, Senior Planner, show maps of this area. Mr. Henson did so and stated that all opposition to this zone change had been satisfied. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00114 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (41.) Ordinance No. 2003-00115/ZONE CASE NO. 1864-G (south of 341h Street and west of La Salle Avenue): Hold a public hearing to consider request of John Nelson for a zoning change from C-4 to A-1 (for quadruplexes) on 1.5 acres of unplatted land out of Section 37, Block AK. ORDINANCE NO. 2003-00115 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1864-G; A ZONING CHANGE FROM C-4 TO A-1 ZONING ON 1.884 ACRES OF UNPLATTED 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 10:45 a. m. No one appeared on behalf of John Nelson. No one appeared in opposition. Mayor McDougal closed the hearing at 10:46 a. in. The proposal would downzone a portion of a tract currently zoned C-4. The area north facing 34th will be developed as commercial and the area to the west is being developed as an Elks Lodge that was relocated from a location on 29th Drive and Brownfield Highway. Adjacent land uses: North — vacant, commercial South — single family south of an alley East — apartments West — zoned commercial; site of the new Elks Lodge The proposal is consistent with the policies of the Comprehensive Land Use Plan and zoning policy. The project will consist of quadruplex units. The proposal should not have a negative effect on the thoroughfare system. The Planning Commission recommended approval of the request. FISCAL IMPACT: Not applicable. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00115 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 453 Regular City Council Minutes October 23, 2003 Page 454 (42.) Ordinance No. 2003-00116/ZONE CASE NO. 2983 (south of 108`h Street between Canton Avenue and Flint Avenue): Hold a public hearing to consider request of Triax Development for a zoning change from T to R-1 Specific Use on 30.18 acres of unplatted land out of the south halves of Section 19 and Section 20, Block E-2. ORDINANCE NO. 2003-00116 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2983; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR REDUCED SETBACK ON 30.18 ACRES OF UNPLATTED LAND OUT OF THE SOUTH HALF OF SECTION 19 AND OF SECTION 20, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:45 a. in. No one appeared on behalf of Triax Development. No one appeared in opposition. Mayor McDougal closed the hearing at 10:46 a. in. The request would make use of a Specific Use permit to allow a reduced front setback for homes that will have access to the garage from the alley. Adjacent land uses: North — South — property in all directions is zoned "T" or residential East — West — The request is consistent with Comprehensive Land Use Plan policies and zoning policies. The request will not have a negative effect on the thoroughfare system. The request is for a 15-foot of front setback, 5 feet less than the 20, which is in trial stages for residential elsewhere in south and southwest Lubbock. However, the developer is requesting a condition requiring access to a parking pad and garage from the alley. Fifteen feet is not unprecedented in residential, as that is the minimum permitted in the garden and town home district. The Planning Commission recommended approval of this ordinance request with the following conditions: 1. Front setback for standard lots shall be no less than 15 feet. 2. Side setback for homes on corner lots shall be a minimum of 5 feet. For homes on lots adjacent to Elgin, the setback of any fence adjacent to Elgin shall also be 5 feet. 3. Homes on corner lots adjacent to Elgin shall conform to the prohibition of any portion of the structure in the 25-foot vision triangle. 4. No parking pads will be permitted in the front yard of any home unless a portion of the front yard allows placement of a 20 foot parking pad. 5. Minimum setback on cul-de-sac lots shall be 5 feet. 454 Regular City Council Minutes October 23, 2003 Page 455 FISCAL IMPACT: Not Applicable. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00116 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (43.) Ordinance No. 2003-00117/ZONE CASE NO. 2984 (southeast corner of 34th Street and Upland Avenue):old a s c hearing to consider request of Hugo Reed and Associates, Inc (forARMt ch Insurance Services) for a zoning changefrom T to Tatted land)out of Section 38, and GO (4.2 acres) on 22.1 acres of un P Block AK. ORDINANCE NO. 2003-RO117 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2984� LATTEDNING ANGE FROM T LAND OUT OFOSECTION 3,an8 GO ZONING ON 22.1 ACRES O BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:45 a. in. No one appeared on behalf of Hugo Reed and Associates, Inc. (for ARMtech Insurance Services). No one appeared in opposition. Mayor McDougal closed the hearing at 10:46 a. in. The proposal would zone the southeast corner of Upland and 34`h Street as commercial, with a garden office section along 34`h to the east of the commercial. Adjacent land uses: North — single family South — vacant East — vacant West — vacant The request is consistent with the current Comprehensive Land Use Plan. The corner of 340h and Upland has been targeted for the standard intersection commercial since the area was annexed in 1984. The area south and east of the corner location is targeted as IDP, or industrial park, because of the influence of the railroad. Although the commercial portion in this request is somewhat larger than the policy ten -acre tract, the additional acreage is in an area illustrated as IDP on the Comprehensive Land Use Plan. With the relocation of the railroad to make way for the Marsha Sharp Freeway, a siding area has been constructed on railroad property south and east of this location. The corner is an area where residential was built facing Upland and 341h Street on two corners. Most of those homes were built before the area was annexed in 1984. The residents of three of the homes that will be across either 34`h or Upland from the C-3 portion of the request opposed the request during the hearing, which is a natural response. Having a commercial request at the corner of two future seven -lane thoroughfares 455 Regular City Council Minutes October 23, 2003 Page 456 with existing residential just across the street should be expected to draw Opposition. The expectation for the long run is that commercial interests would Purchase the homes that face Upland and 34`h Street and redevelop the property as commercial. That thought does not set well with the existing residents. The positive note for them at this point is that actual development of the property would seem to be well down the road in terms of time. To date, there has been little development activity within a mile in any direction. The request is consistent with zoning policies. The request will have no more than the anticipated effect on the thoroughfare system. Both 30 and Upland remain as two-lane strip paved roads, but are targeted as seven lane streets by the Master Thoroughfare Plan. The Planning Commission recommended approval of this ordinance. FISCAL IMPACT: Not applicable. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00117 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (44.) Ordinance No. 2003-00118/ZONE CASE NO. 2871-A (Homestead Avenue between 92"d Street and 94`h Street): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for Day Estates, Ltd.) for a zoning change from R-1 Specific Use to R-1 Specific Use (for garden homes with 5 foot front setbacks on cul-de-sac lots and 5 foot side setbacks on lots adjacent to 92"d Street) on 4.1 acres of unplatted land out of Section 28, Block AK. ORDINANCE NO.2003-00118 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2871-A; 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, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:45 a. m. No one appeared on behalf of Hugo Reed and Associates, Inc. (for Day Estates, Ltd.). No one appeared in opposition. Mayor McDougal closed the hearing at 10:46 a. m. The proposal will provide for a short cul-de-sac north of 94`h in Day Estates to be developed as garden homes. Adjacent land use in all directions is zoned as residential. The proposal is consistent with the Comprehensive Land Use Plan and zoning policies. 456 Regular City Council Minutes October 23, 2003 Page 457 The Planning Commission recommended approval of the request subject to the following conditions: 1. The front setback for the lots adjacent to the cul-de-sac shall be a minimum of five feet. Any garage portion of the structure shall be set back twenty feet. 2. The side setback for any structure on the two lots adjacent to 92"d Street shall be a minimum of five feet. In addition, any fence adjacent to 92"d Street on the same two lots shall meet a setback minimum of five feet. FISCAL IMPACT: Not applicable. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00118 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 46. (45.) Ordinance No. 2003-00120/ZONE CASE NO. 2952-A (North of Erskine Street and east and west of Slide Road): Hold a public hearing to consider request of McDougal Construction Ltd. (for Sierra Plateau, Ltd.) for a zoning change from R-1, R-2, and R-1 Specific Use to R-1 Specific Use (for single-family homes with 20-foot front setbacks on regular lots, 5-foot front setbacks on cul-de-sac lots and 5-foot side setbacks on corner lots adjacent to side streets) on 456.6 acres of unplatted land out of Sections 5 and 6, Block JS. This item was considered following Item 46. ORDINANCE NO.2003-00120 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2952-A; A ZONING CHANGE FROM R-1, R-2, AND R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR SINGLE-FAMILY HOMES ON 456.6 ACRES OF UNPLATTED LAND OUT OF SECTION 5 AND 6, BLOCK JS, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Hernandez opened the public hearing at 10:50 a. m. No one appeared on behalf of McDougal Construction Ltd. (for Sierra Plateau, Ltd.). No one appeared in opposition. Mayor Pro Tem Hernandez closed the hearing at 10:51 a. m. The request has two parts, both related to single family zoning and setback. Adjacent land uses: North — vacant South — residential East — residential West — residential The request is consistent with the policies of the Comprehensive Land Use Plan and zoning. 457 Regular City Council Minutes October 23, 2003 Page 458 Area 1: The existing zoning for garden homes is requested to be amended by adding a reduced front setback for cul-de-sac lots and a reduced side setback for corner lots. Area 2: Includes the majority of the single-family residential area and rezones an area in the southeast corner that is currently R-2. The request will accommodate a twenty -foot setback for standard lots and a five-foot setback for both the structure and fence on corner lots. The area is already zoned for residential development. This process does not create any issue related to the Master Thoroughfare Plan. The Planning Commission recommended approval of the request with the following conditions for the two areas: For the existing R-1 Specific Use for garden homes parcel between North Utica and the proposed North Vale, north of Erskine, the following amendment shall apply: 1. Front setback for structures on lots located on a cul-de-sac shall be a minimum of five feet, except that any garage portion of the structure shall have a minimum of twenty-five feet of setback. 2. Side setback of structures on corner lots from the adjacent street shall be a minimum of five (5) feet. In addition, any fence along the side lot line adjacent to the street shall be set back a minimum of five (5) feet. 3. For structures on corner lots adjacent to North Vale, the twenty-five foot vision triangle shall be maintained. For the portion currently zoned R-2 adjacent to Erskine and North Vale and the balance of the R-I zoned area of the subdivision, the proposed R-1 Specific Use Permit shall provide for the following setback: 1. The minimum front setback for standard lots shall be twenty feet. 2. The minimum front setback for lots fronting a cul-de-sac shall be five feet, except that any garage shall have a twenty -foot setback. 3. Side setback of structures on corner lots from the adjacent street shall be a minimum of five feet. For lots with a side property line adjacent to a street, any fence along the side lot line adjacent to the street shall be set back a minimum of five feet. FISCAL IMPACT: Not Applicable. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to pass on first reading Ordinance No. 2003-00120 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. The next item considered was Item 47. 458 Regular City Council Minutes October 23, 2003 Page 459 (46.) Ordinance No. 2003-00119/ZONE CASE NO. 2986 (8202 Zadar Avenue): Hold a public hearing to consider request of Gary McAllister for a zoning change from T to IHC on Lot 1, Westcom Commercial Estates Addition. This item was considered following Item 44. ORDINANCE NO. 2003-00119 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2986; A ZONING CHANGE FROM T TO IHC ZONING ON LOT 1, WESTCOM COMMERCIAL ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:45 a. m. No one appeared on behalf of Gary McAlister. No one appeared in opposition. Mayor McDougal closed the hearing at 10:46 a. m. The request will fill in a gap for lots that were not included in a comprehensive zone case along 82nd Street some while back. Adjacent land uses: North — vacant, zoned IHC South — commercial East — commercial West — commercial The request is consistent with the Comprehensive Land Use Plan and zoning policy. The request should not have an adverse effect on the thoroughfare system. The Planning Commission recommended approval of the request. FISCAL IMPACT: Not Applicable. Staff recommended approval of this ordinance. Randy Henson, Senior Planner, gave staff comments. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on first reading Ordinance No. 2003-00119 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 45. (47.) Ordinance No. 2003-00121/ZONE CASE NO. 2585-B (northeast corner of 8th Street and University Avenue): Hold a public hearing to consider request of McDougal Construction Ltd. (for McCanton Wood L.C.) for a zoning change from CB-2 Specific Use to CB-2 Specific Use for a branch bank facility with a motor bank on Tract C2, Overton Park Addition. This item was considered following Item 45. 459 Regular City Council Minutes October 23, 2003 Page 460 ORDINANCE NO. 2003-00121 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2585-B; A ZONING CHANGE FROM CB-2 SPECIFIC USE TO CB-2 SPECIFIC USE FOR A BRANCH BANK FACILITY WITH A MOTOR BANK ON TRACT 2C, OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Hernandez opened the public hearing at 10:50 a. m. No one appeared on behalf of McDougal Construction Ltd. (for McCanton Wood, L.C.). No one appeared in opposition. Mayor Pro Tern Hernandez closed the hearing at 10:51 a. in. The project is a bank facility on a pad site adjacent to the Centre at Overton Park, a proposed mixed -use multi story facility. Adjacent land uses: North — commercial, vacant South — commercial, vacant East — commercial, location of the Centre West — Texas Tech University The proposed facility and site plan is consistent with the "vision" and draft guidelines for redevelopment in the Overton area. The building will be located close to University, with parking in the back. The proposed building materials and site development will compliment the adjacent redevelopment and pick up the accents of Tech architecture. The project is consistent with the amended Comprehensive Land Use Plan for the North Overton area and zoning policies. The project will not have a negative effect on traffic. With only one curb cut on University to serve the two pad sites, University traffic will be protected to the greatest extent possible. The Planning Commission recommended approval of the request. The site plan will control only the private property. A developer agreement between the adjacent landowners and the TIF will develop the plan for the amenities in the parkway/adjacent right of way. FISCAL IMPACT: Not applicable. Staff recommended approval of this ordinance. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to pass on first reading Ordinance No. 2003-00121 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. 10:52 A. M. CITY COUNCIL RECESSED 11:09 A. M. CITY COUNCIL RECONVENED 11:10 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 1:10 P. M. CITY COUNCIL RECONVENED EM Regular City Council Minutes October 23, 2003 Page 461 All council members were present except Mayor Pro Tern Hernandez and Council Member Boren. The first item considered was Item 49. ADMINISTRATIVE SERVICES Community Services (48.) Resolution No. 2003-R supporting the Candlelight Ceremony and Dedication of the Lubbock Area Veterans War Memorial to be held on November 101h and 11'h at Henry Huneke Park. This item was deleted. (48A.) Resolution No. 2003-RO491 authorizing the Mayor to execute a license agreement with Mr. Eddie Dixon, Artist. This item was considered following Item 38. RESOLUTION NO.2003-RO491 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a License Agreement by and between the City of Lubbock and Eddie Dixon of Lubbock, Texas, for use of the former fire station located at 2202 Avenue X, and all related documents. Said License 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 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Harlan Stauffer Harlan Stauffer, Facilities Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the License Agreement is filed with Resolution No. 2003-R0491. This action is being taken to license the former Fire Station, located on Park Property at 2201 Avenue X, to Mr. Eddie Dixon, Artist, in response to the City of Lubbock Council direction to either lease City of Lubbock owned facilities at fair market value or to transfer ownership of the facility. The facility at 2201 Avenue X was used by the American Red Cross, Lubbock County Chapter, over the period of September 1984 until it was vacated in July 2003. 461 Regular City Council Minutes October 23, 2003 Page 462 The license agreement conveys the property to the Artist to perform certain services and/or functions regarding art sculpting and art display activities. It is the belief of the City of Lubbock and the Artist that the activities will provide recreational and educational activities and opportunities to the youth of the City of Lubbock. Property (including any improvements) is located at 2201 Avenue X, Lubbock, Texas 79411. The legal description is: the south thirty feet of Lots 10, 11, and 12 and all of Lots 13, 14, and 15, Block 57, McCrummens Second Addition to the City of Lubbock, Lubbock County, Texas. The term of this agreement shall be 10 years beginning on the date of the execution of this agreement by the City of Lubbock. The term of the agreement contains an option to extend the term of the agreement for five successive option periods of one year each. In consideration for the granting of this agreement, Artist shall design, construct and deliver to the City, on or before January 1, 2007, for its use at a location of its choice, one sculpture production item (the "Production Item") comparable in value to the "Knight of the Llano Estacado" currently on display at the City's Civic Center, depicting an historical event, person(s), or place(s). Artist shall consult with the City and Civic Lubbock, Inc. in the planning and preparations of the Production Item, including, without limitation, the subject of the Production Item and the location of the placement of the Production Item upon completion. In addition to the Artist providing the design and construction services for the Production Item, Civic Lubbock, Inc. shall pay the necessary casting fees for the Production Item up to a maximum amount of $40,000. FISCAL IMPACT: Previously, 2201 Avenue X was leased to the American Red Cross, Lubbock County Chapter for $1,428 per year. The dollar impact to Facilities Management revenues will be minimal. The estimated value of the Artist services for the Sculpture Production Item will equate to a rental rate of $500 to $600 per month over the 10-year lease. Staff recommended approval of this resolution. Harlan Stauffer, Facilities Manager, gave staff comments. Motion was made by Council Member Hernandez, seconded by Council Member Patterson to pass Resolution No. 2003-R0491 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 50. Human Resources This was the first item considered after City Council reconvened at 1:10 P. M. (49.) Resolution No. 2003-R0494 to authorize the Mayor to execute a contract by the City of Lubbock and an organization to provide a group health plan and flexible spending account administration. This item was considered following Item 47. 462 Regular City Council Minutes October 23, 2003 Page 463 RESOLUTION NO.2003-RO494 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 accept for and on behalf of the City of Lubbock the health insurance proposal issued by ICON Benefits Administrators II, L.P. and hereby directs the City staff to pursue negotiations with ICON Benefits Administrators II, L.P., and it affiliates, to effectuate the necessary contracts and agreements to provide adequate health insurance coverage for the employees and participants in the City of Lubbock's health insurance plan, provided that such contracts and agreements are consistent with and pursuant to the directions given by the City Council as outlined in the minutes of this Council meeting, with said minutes of this Council constituting and being a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of October, 2003. /s/ Marc McDougal Marc McDougal, Mayor ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ William de Haas William de Haas, Contract Manager APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade Natural Resources Attorney The City of Lubbock provides medical and dental insurance for all full- time City of Lubbock employees. Employees have the option to purchase medical and dental insurance for eligible dependents. Retired City of Lubbock employees are allowed to retain medical coverage for themselves and eligible dependents. The insurance committee is proposing that dental insurance be added to the retiree insurance package effective January 1, 2004. The health insurance plan has been provided by Blue Cross Blue Shield of Texas (BCBSTX) since December 1, 1999. The City also offers two flexible spending accounts for all eligible employees. The medical reimbursement account and dependent care accounts are currently administered by CBCA Administrators. A Request for Proposal (RFP) for the health insurance program and flex administration was announced on August 8, 2003. The proposal requested pricing for a Minimum Premium plan and/or an Administrative Service Only (ASO) plan. The proposal requested reinsurance coverage with an individual claims cap of $150,000 annually. Fourteen proposals were received. The respondents submitting a package for the medical, dental, prescription and flex administration were: Blue Cross Blue Shield of Texas FirstCare 463 Regular City Council Minutes October 23, 2003 Page 464 ICON Benefit Administrators TML The City received three dental only proposals from: Humana Dental National Pacific Dental Insurance United Concordia Three proposals were received from prescription benefit managers: Eckerd Health Services Scott & White HP Pharmacy Walgreen Health Initiatives Four flex administrators responded to the RFP: CBCA Administrators Complink Leggette Actuaries The EPOCH Group A Committee consisting of four City employees, one City retiree, and three citizens not affiliated with the City reviewed the RFP results. The Committee decided based on pricing, discounts, financial stability, and networks that the top three proposals were as follows: Blue Cross — Minimum Premium Contract Blue Cross — ASO Contract ICON — ASO Contract On October 7, 2003, both vendors made presentations to the Committee and the Committee members were given the opportunity to ask the vendors questions concerning their proposals. The Committee met to discuss the information presented in the presentations, and unanimously determined that a final decision could not be made until further information was obtained concerning the discount contracts. It was determined that Bill de Haas would meet with ICON representatives to obtain the necessary information. Mr. de Haas also requested a "best and final offer" from Blue Cross. FISCAL IMPACT: None at this time. Staff recommended B1ueCross B1ueShield of Texas Minimum Premium Plan (MPP). Quincy White, Assistant City Manager, gave staff comments. Mr. White also introduced members of the Committee who helped make the above recommendation as follows: Willie Watson, former City employee; Jessica Jordan, who was employed as the Benefits Manager with Alamosa; Julie Cunningham, Benefits Manager with United Supermarkets; Scott Snider, City of Lubbock Human Resources Director; Lou Moore, City of Lubbock Benefits Coordinator; and Bill de Haas, City of Lubbock Contracts Manager. Dr. Tim West, Chief of Staff of Covenant Hospitals, was not present. Mayor Pro Tem Hernandez arrived at 1:40 P. M. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2003-R0494 and award the contract to ICON Benefit Administrators. Motion carried: 4 Yeas, 2 Nays. Mayor Pro Tern Hernandez and Council Member Patterson voted Nay. 464 Regular City Council Minutes October 23, 2003 Page 465 Council Member Boren recused himself. 2:10 P. M. CITY COUNCIL RECESSED TO WORK SESSION The first item considered was Item 56A. PLANNING AND TRANSPORTATION Business and Neighborhood Development (50.) Resolution No. 2003-RO492 an order to approve the method of assessment classification for the North Overton Public Improvement District (PID) and calling for a Public Hearing on November 17, 2003. This item was considered following Item 48A. RESOLUTION NO.2003-RO492 RESOLUTION AND ORDER WHEREAS, the City of Lubbock in Resolution 2003-RO468 has authorized the creation of the North Overton Public Improvement District pursuant to the Texas Public Improvement District Assessment Act; and WHEREAS, the City desires to apportion the cost of improvements and services to be assessed against the property in the improvement district on the basis of special benefits accruing to the property because of the improvements or services and to establish the methods of assessing the special benefits for various classes of property; and WHEREAS, the City of Lubbock desires to schedule a public hearing in accordance with Section 372.016 of the Texas Local Government Code to consider the proposed assessments for services 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 ORDERED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT the Service Plan which contains an Assessment Plan for the North Overton Public Improvement District is hereby approved by the City Council of the City of Lubbock. Said Plan is attached as Exhibit "A" and incorporated herein as if fully set forth; and SECTION 2: THAT City staff is hereby directed to prepare a proposed Assessment Roll stating the assessment against each parcel of land in the district as determined by the Assessment Plan; to file the proposed assessment roll with the City Secretary; and to make the proposed assessment roll available for public inspection; and SECTION 3: THAT a public hearing is hereby scheduled at 11 am, Thursday, November, 2003, in the City Council Chambers, 1625 13th Street, Lubbock, Texas, to consider the proposed assessments and receive public comment; and SECTION 4: THAT notice of said hearing shall be published in a newspaper of general circulation in the city before the tenth day before the date of the hearing as required by state law; and SECTION 5: THAT the notice shall contain the date, time and place of the hearing; the general nature of the improvements and services; the cost of the improvements and services; the boundaries of the assessment district; and a statement that written or oral objections will be considered at the hearing; and SECTION 6: THAT when the assessment roll is filed, the City staff is directed to mail to the last known address of each property owner liable for assessment (as reflected 465 Regular City Council Minutes October 23, 2003 Page 466 on the tax rolls) a notice of the hearing containing, at a minimum, the information contained in the published notice. Passed by the City Council this 23rd day of October, 2003. /S/ T.J. PATTERSON T.J. PATTERSON, SENIOR COUNCIL MEMBER ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director Of Planning and Transportation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Exhibit "A" is filed with Resolution No. 2003-R0492. After a public hearing, the City Council approved the Creation Resolution establishing the North Overton Public Improvement District in the October 9, 2003 Council meeting. Publication of the Creation Resolution will be in the Avalanche Journal on October 19, 2003 as per requirement of the statute. The next step in the PID establishment process is to consider a resolution approving the classification(s) regarding the method of assessment and to call a public hearing to consider an ordinance to levy the assessment. The resolution and classifications for the method of assessment are attached. A proposed list of property owners, addresses, valuations, assessment rates, and assessments will be available for review by the public in the Business and Neighborhood Department, City Hall, by October 23, 2003. 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 Gilbreath, seconded by Council Member Morrison to pass Resolution No. 2003-RO492 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal and Mayor Pro Tern Hernandez recused themselves. The next item considered was Item 51. (51.) Resolution No. 2003-RO493 authorizing the Mayor to execute an agreement with the City of Wolfforth to apportion areas of overlapping extraterritorial jurisdiction between the City of Lubbock and the City of Wolfforth. 466 Regular City Council Minutes October 23, 2003 Page 467 This item was considered following Item 50. RESOLUTION NO.2003-RO493 WHEREAS, the City of Lubbock, Texas, and the City of Wolfforth, Texas, desire to apportion the overlapped extraterritorial jurisdiction between the two municipalities in accordance with Subchapter B of Chapter 42 of the Local Government Code; and WHEREAS, the City of Lubbock and the City of Wolfforth desire to replace the existing extraterritorial jurisdiction agreement executed August 27, 1998, between the two cities with a new extraterritorial jurisdiction agreement; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. 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 City of Wolfforth to apportion areas of overlapping extraterritorial jurisdiction between the City of Lubbock and the City of Wolfforth, which Agreement is attached hereto and which shall constitute and be a part of this Resolution as if fully copied herein in detail. SECTION 2. THAT the extraterritorial apportionment Agreement heretofore executed by the City of Lubbock and the City of Wolfforth on August 27, 1998, by Resolution Number 5982, shall be superseded by the Agreement attached hereto and the prior agreement shall be of no further force and effect upon execution of the attached Agreement. Passed by the City Council this 23rd day of October, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Director of Planning APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney A copy of the Agreement is filed with Resolution No. 2003-R0493. • Every city in the state of Texas has a "rolling Extra -Territorial Jurisdiction (ETJ)" (1/2 to 5 miles) which expands outward each time additional areas are annexed until the ETJ meets the jurisdiction of another city. A city has the sole right in its ETJ to enforce its subdivision codes to make sure future development is acceptable and to annex those areas in the future. State law allows for a contract between the cities to apportion any overlapped area(s). • The City of Lubbock's five mile ETJ completely encompasses the Wolfforth one-half mile ETJ. A 1985 agreement with Wolfforth gave them ETJ rights to more than the statutory half -mile, in an effort to assure the City of Wolfforth that they would have a 467 Regular City Council Minutes October 23, 2003 Page 468 "window of growth" to the west and southwest. Alcove, FM 1595 (130`h Street) and the half section line between 661h and 82"d were the lines in the 1985 agreement. • A developer sued Wolfforth over the 1985 agreement, because Wolfforth tried to exert subdivision regulation within the contract boundary, but outside the half -mile allowed for towns less than 5,000. A Lubbock district court decision voided the 1985 contract. • The 1998 contract established Alcove as the east boundary of the Wolfforth ETJ and allowed them to increase their '/z mile into our ETJ as determined by future annexations. Effectively all of the territory west of Alcove outside our City limits could be annexed by Wolfforth. • The annexation of the south half of Preston Manor by Wolfforth in July extended their ETJ to 66`b Street. • It is in the best interest of both cities to better define the limits of the Wolfforth's "rolling '/z mile ETJ." The attached agreement would limit their potential ETJ to 66`h Street on the north and 130t' on the south. Alcove would remain the east boundary. • The "1/2 mile rolling ETJ" expansion potential would remain to the west. The Lubbock ETJ control would remain to prevent substandard development until such time as the Wolfforth annexations extended their ETJ control. The City of Lubbock would forego their annexation rights to this area in the future. • This is essentially the same area as agreed to by Council in 1985, except the '/z mile expansion to 66`h Street includes their new ETJ. FISCAL IMPACT: While there may be some long-term tax revenues if staff had annexed these areas, the initial cost to serve these areas with capital improvements and the long term operating expenses such as police and fire should more than offset any lost revenues. Staff recommended approval of this resolution. Craig Farmer, Managing Director of Planning & Transportation, gave staff comments. He also introduced Mayor Childers of Wolfforth. Motion was made by Council Member Hernandez, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO493 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 52. PUBLIC WORKS Water Utilities (52.) Resolution No. 2003-R authorizing the Mayor to execute an agreement between the Canadian River Municipal Water Authority, the City of Lubbock, the City of Slaton, and the City of Wolfforth for processing and delivering water. This item was considered following Item 51. This item was continued. Regular City Council Minutes October 23, 2003 Page 469 The City of Slaton, having a surplus of water, and the City of Wolfforth, desiring to supplement its water supply, have developed an interlocal agreement for the purchase and sale of water between them that is contingent on this agreement that the City of Lubbock process and deliver the water. Since all the water provided to the City of Slaton by the Canadian River Municipal Water Authority (CRMWA) is treated by, and passes through, the City of Lubbock water treatment plant, the simplest and most economical way to deliver the water from Slaton to Wolfforth is via the City of Lubbock water distribution system. This agreement provides the terms and conditions necessary to do this. Lubbock is part of a similar agreement with the City of New Deal. In this agreement Lubbock would deliver up to 50 million gallons of water from Slaton to Wolfforth annually. Wolfforth would pay to Lubbock the sum of Lubbock's budgeted cost, per thousand gallons, for delivery of the water to Wolfforth, as calculated annually by Lubbock, plus a portion of Lubbock's budgeted cost, per thousand gallons, for infrastructure capital improvements and maintenance of the delivery system, as calculated annually by Lubbock, plus the monthly base rate charge based on meter size as set forth in Lubbock's Code of Ordinances. The budgeted cost for the 2002-2003 fiscal year is $0.51 per thousand gallons. It is calculated using an appropriate percentage of related Water Utilities annual budgeted operation expenses divided by Lubbock's annual water consumption in thousand gallons. The operation expenses used in this calculation include 60% of administration, 60% of engineering, 100% of metering and customer service, 60% of equipment maintenance, 60% of pipeline maintenance, 100% of pumping and control, 33% of collections, and 100% of indirect cost allocation expenses. Water treatment expenses are not included because these costs will continue to be billed to the City of Slaton under a preexisting agreement. The City of Slaton will recover these costs from the City of Wolfforth. The budgeted cost of Wolfforth's appropriate portion of infrastructure capital improvements and maintenance for the same fiscal year is $0.03 per thousand gallons for installing the necessary infrastructure to supply the water. This component is based on the water system capital improvement cost associated with the recently annexed area of southwest Lubbock. The monthly base rate charge based on meter size for this fiscal year (2002-2003) is $649.44 per month. The point of service is at 901h Street and Alcove Avenue, one-half mile west of Lubbock's existing water lines. Extending the water line west along 82"d Street to Alcove Avenue then south on Alcove Avenue to 90`h Street might benefit Lubbock by allowing construction of a water grid in this area within the Lubbock city limits to supply water for future growth. The total estimated cost of the line extension is $150,000. The City of Wolfforth will fund $75,000, and the City of Lubbock will fund $75,000. Lubbock's portion covers the pipeline construction within the Lubbock city limits only. FISCAL IMPACT: The immediate impact would be an expenditure of $75,000 for the pipeline extension within the Lubbock city limits. Using the expected rate charges, a maximum amount of $35,027 would be paid to Lubbock during the next fiscal year. This amount would basically cover expenses and provide no significant revenue to Lubbock. 469 Regular City Council Minutes October 23, 2003 Page 470 Staff presented this contract for City Council consideration. Terry Ellerbrook, Director of Water Utilities, answered questions for the City Council. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass this item as recommended by staff. Council Member Gilbreath complimented Council Member Martin on getting the entities together. Motion was made by Council Member Gilbreath, seconded by Council Member Boren to continue Item 52 to allow the Water Commission to consider this and report back to City Council a recommendation by the second meeting in December. Motion carried: 5 Yeas, 2 Nays. Mayor McDougal and Council Member Martin voted Nay. The next items considered were Items 53-55. (53.) Consider two appointments to the Health/Educational Facilities Development Corporation. Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint Neriman Guven and Carolyn Thompson to the Health/Educational Facilities Development Corporation. Motion carried: 7 Yeas, 0 Nays. (54.) Consider one appointment to the Appointments Advisory Board Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint Louise Cummins to the Appointments Advisory Board. Motion carried: 7 Yeas, 0 Nays. (55.) Consider one appointment to the Public Transit Advisory Board Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint Louise Hudson -Wilson to the Public Transit Advisory Board. Motion carried: 7 Yeas, 0 Nays. The next items considered were Items 39, 40, 41, 42, 43, 44 and 46. (56.) Presentation of an end of fiscal year report from the Interim City Manager. Tommy Gonzalez. This item was deleted. (56A.) Presentation from Parkhill, Smith & Cooper, Inc. in regards to the Design Standards for improvements in the Sam Wahl Recreational Area, Lake Alan Henry. Randy Truesdell, Community Services Director. This was the first item considered in Work Session and after Item 49 Regular Session. On May 22, 2003, the City Council approved an agreement with Parkhill, Smith & Cooper, Inc. to design of the improvements in the Sam Wahl Recreational Area, Lake Alan Henry. The contract included developing the Design Guidelines for the improvements. The Design Guidelines will depict a consistent vision or style for current and future development of the Sam Wahl Recreation Area. Recommended site planning guidelines include building styles, volumes, massings, materials, products, signage and parking ratios. 470 Regular City Council Minutes October 23, 2003 Page 471 Parkhill, Smith & Cooper, Inc. presented the concepts for the Design Guidelines. The Lake Alan Henry Working Group has reviewed the Design Guidelines. The Parks and Recreation Advisory Board will consider the Design Guidelines on October 151h. Upon consensus of the City Council, the Design Guidelines will be developed for consideration by City Council. FISCAL IMPACT: Not Applicable. Randy Truesdell, Community Services Director, recognized Grey Lewis and Jerry Ramirez, who are members of the Parks and Recreation Advisory Board. Mr. Truesdell also introduced Mary Crites and Chad Davis, who are employees of Parkhill, Smith & Cooper, Inc. Ms. Crites and Mr. Davis each made a presentation concerning the architecture for the improvements in the Sam Wahl Recreational Area, Lake Alan Henry. (57.) Presentation of the monthly financial reports for the month ending August 2003. Jeff Snyder, Chief Accountant. (58.) Presentation of fourth quarter and annual investment report. Andy Burcham, Cash and Debt Manager. (59.) Presentation of the final concept for Pump Station 10 screening wall located at 82°a and Memphis. Chester Carthel, Chief Water Utilities Engineer. This item was deleted. (60.) Discuss the City of Lubbock's Federal legislative services. Bob Goodwin, Corporate Communications Manager. This item was deleted. 3:00 P. M. COUNCIL ADJOURNED There being no further business to come before Council, the meeting adjourned. Read and approved this L day of , 2 MARC M(X"LJGAL, MAYOR ATTEST: �a 0 Le"� ,— Reb cca Garza., City Secretary 471