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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/8/2003CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING DECEMBER 8, 2003 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 8th day of December, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:32 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T.J. Patterson Absent: No one CITIZEN COMMENTS Citizens expressing comments to the Council were: Jack Williams, a resident of Papalote South, appeared concerning Item 29 (Zone Case 2987) on today's agenda. Council Member Patterson introduced the members of the City of Lubbock Youth Commission, who appeared to inform the Mayor and the City Council of their upcoming special Holiday community project. This will aid less fortunate families in the Lubbock community. Addressing the Council were: Paizley Ramirez, Coronado High School; Jennifer Holland, Texas Tech University; Zack Wyatt, Lubbock School; and David Pruitt, Superintendent of Trinity Christian Schools. EXECUTIVE SESSION Mayor McDougal stated: "City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to pending or contemplated litigation, the purchase, exchange, lease or value of real property, personnel, 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." 7:39 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Atmos; Fire; Information Technology; Police; Right -of -Way; Stormwater). (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 (Water Utilities). (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 Attorney) and take appropriate action. (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Community Development and Services Board MHMR Board of Trustees Neighborhood Redevelopment Commission Structural Standards Commission Regular City Council Meeting December 8, 2003 Page 554 Youth Commission (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to discuss, deliberate, and take final action on a competitive matter regarding plans or contracts related to the acquisition, disposition, construction or exchange of natural gas pipelines; to deliberate, vote and take final action on a competitive matter regarding executive service agreements for contract services provided to Lubbock Power and Light and the City of Lubbock; to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and/or take action on a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency; to discuss and deliberate a competitive matter regarding the operation, governance, organization, and business plans, options and studies of the City's electric utility, Lubbock Power and Light; and to discuss, deliberate and take final action on a competitive matter regarding plans or contracts related to the acquisition, construction, service and/or maintenance of transmission/distribution facilities. (6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.103, to review certified agenda from the prior executive session (City Secretary). 9:47 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Tom Martin, 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: Mayor Pro Tern Victor Hernandez Mayor McDougal called the meeting to order at 9:47 A. M. (7.) Invocation by Reverend Danny Poe, Senior Minister of Bethel AME Church. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. CITIZEN APPEARANCES ( 9.) Presentation of Recognition of the Coronado High School Tennis Team for their win at the State 5A Team Tennis Championship. On November 10, 2003, the Coronado High School Tennis Team defeated Plano West High School in the State 5A Team Tennis Championship. The win was the first state team tennis title for the Mustangs, and it was also the first state championship win for veteran coach, Jim Carter. Coronado finished the year with a 29-1 record, and it was the 400th win for Coach Carter. Council Member Gilbreath assisted Mayor McDougal in the presentation. 554 Regular City Council Meeting December 8, 2003 Page 555 Ame Blacketer, Lane Holder, Ashley Stallings, Kelsey Garland, Carolyn Key, Jay Wofford, Kurt Pessa, Craig Spearman, Jeremy Reed and other team members were present for the recognition. Also present were Coach Jim Carter and Principal Eric McDougal. (10.) Recognition of Steve Claybrook, Environmental Compliance, as well as Sergeant Roy Bassett and Officer Chris Bell, Lubbock Police Department for providing the citizens of Lubbock with outstanding service. Interim City Manager Gonzalez assisted Mayor McDougal with the _ presentations. The following individuals were commended for providing outstanding service to the citizens of Lubbock: Steve Claybrook was commended for his positive working relationship with the Texas Department of Health in advocating for the City in the aftermath of a potential asbestos violation involving a private demolition company. He was present to receive his recognition. Sergeant Roy Bassett and Officer Chris Bell with the Lubbock Police Department were commended for their handling of a junk vehicle situation for a citizen. Sergeant Roy Bassett was unable to attend. CONSENT AGENDA (Items 11 24) Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to approve Items 11-24 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (11.) Approval of Minutes: November 5, 2003, Special City Council Meeting; November 6, 2003, Regular City Council Meeting; November 7, 2003, Special City Council Meeting; November 17, 2003, Regular City Council Meeting; November 24, 2003, Special City Council Meeting (12.) Resolution No. 2003-RO533 authorizing the Mayor to sign the Annual Report of the Central Business District Tax Increment Financing Reinvestment Zone pursuant to the Tax Increment Financing Act, Texas Tax Code Chapter 311. RESOLUTION NO.2003-RO533 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 the Central Business district Tax Increment Financing Reinvestment Zone Annual Report for October 1, 2002 through September 30, 2003, which will be distributed to the chief executive officer of each taxing unit levying taxes within the Central Business District Tax Increment Financing Reinvestment Zone and to the Office of the Texas Attorney General. Said Annual Report is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 555 Regular City Council Meeting December 8, 2003 Page 556 Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craip, Farmer Craig Farmer, Managing Director of Planning And Transportation APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Annual Report is filed with Resolution No. 2003-R0533. The Lubbock City Council established the Central Business District Tax Increment Financing Reinvestment Zone by ordinance on December 3, 2001. According to the Texas Tax Increment Finance Act Section 311.016, the City must submit an annual report to the Chief Executive Officer of each taxing unit, which levies taxes on property within a tax increment finance zone. Therefore, staff prepared the second annual report of the Central Business District Tax Increment Financing Reinvestment Zone's activities. The report must be provided within 90 days of the end of the City's fiscal year and a copy must be also be sent to the Office of the Texas Attorney General. The Texas Tax Increment Finance Act specifies that the report must include: Amount and source of revenue in the tax increment fund established for the zone. Amount and purpose of expenditures from the fund. Amount of principal and interest due on outstanding bonded indebtedness. Tax increment base and current captured appraised value retained by the zone. Captured appraised value shared by the City and other taxing units. Total amount of tax increments received. Any additional information necessary to demonstrate compliance with the tax increment -financing plan adopted by the City. FISCAL IMPACT: Not Applicable. Staff recommended approval of this resolution. Though not in attendance, Mayor Pro Tern Hernandez had previously recused himself. (13.) Resolution No. 2003-RO534 authorizing the Mayor to accept the water and sanitary sewer improvements for Lots 25 - 47, King's Ridge Addition to the City of Lubbock, Lubbock County, Texas, at Orlando Avenue between 101" and 103d Streets. 556 Regular City Council Meeting December 8, 2003 Page 557 RESOLUTION NO.2003-RO534 A RESOLUTION ACCEPTING LOTS 25 — 47, KING'S RIDGE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 25 - 47, King's Ridge Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $61,772.79 with the improvements constructed by Utility Contractors of America, having a value of $49,270.30 as determined by the unit prices established by said Chapter 28, and $12,502.49 cash paid to the City, which amount includes $10,118.89 cash for adjacent lines, with M.E. Development, Inc., the developer, to receive a refund of $21, 855.24 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the water utilities engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $21,855.24 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Public Works APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $61,772.79 and has a value of $49,270.30 as determined by the unit prices established by said Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $12,502.49, which includes $10,118.89 for adjacent mains. The developer, M. E. Development, Inc., will receive a refund of $21,855.24 in accordance with Chapter 28, of the Code of Ordinances of the City of Lubbock. There is no refund deposit. The subdivision is located at Orlando Avenue between 101 st and 103rd Streets. 557 Regular City Council Meeting December 8, 2003 Page 558 FISCAL IMPACT: The developer, M.E. Development, Inc., at its expense, installed these water and sanitary sewer lines. The lines are being dedicated to the City of Lubbock and will be maintained by the City of Lubbock. Any maintenance costs associated with these lines will be paid for from the Pipeline Maintenance budget (Department 6331). Staff recommended approval of this resolution. (14.) Resolution No. 2003-RO535 authorizing the Right -of -Way Department to make an offer to the Falcon Steel Company for two tracts of land in Block 3, Richmond Addition to the City of Lubbock, for the realignment of Avenue O and Avenue P at 3rd Street in conjunction with TXDOT's Marsha Sharp Freeway (302 Avenue O). RESOLUTION NO.2003-RO535 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for realignment of Avenue O and Avenue P at 3rd Street in conjunction with the Marsha Sharp Freeway 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 lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title 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 Falcon Steel Company, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $17,000.00 which is the amount appraised as the value and total damages for the fee simple title 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 fee simple title. Passed by the City Council this 8th day of December, 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 Office Practice Section The Texas Department of Transportation is in the final stages of acquiring right-of-way for the Marsha Sharp Freeway. This freeway project will take out the intersection of Avenue O and Avenue P on the north side of 4d' Street and a new intersection will be constructed just north of the new freeway right-of-way line. Currently Avenue O, as it progresses 558 Regular City Council Meeting December 8, 2003 Page 559 northward from 0 Street, splits off to Avenue P. Avenue O is a dead-end street and Avenue P is a through street northward. Avenue O is open at 4`h Street, but when the freeway comes through, access will be denied at this point northward and Avenue P will be the only street open to the freeway in this area. Falcon Steel owns the property between Avenue O and Avenue P, south of 3d Street. The City Council originally approved an offer to Falcon Steel of $123,700 at the August 29, 2002 City Council meeting, which would have taken four tracts of land and their office building. After meeting with them several times, they countered back at $300,396. After meeting with the Texas Department of Transportation regarding this counteroffer, they agreed to adjust the planned realignment of Avenue O and Avenue P. The new alignment was surveyed and the intersection was moved slightly southward, which resulted in not having to acquire Falcon's office building. Only three parcels are needed with this new alignment, two from Falcon Steel Company. The first parcel contains 491.95 square feet and is located at the southwest comer of their office building property and the second parcel contains 174.98 square feet and is located at the southeast comer of their office building property for a total of 667 square feet (rounded). Tommy Cantrell M.A.I. appraised the land at $1.75 per square feet for a total of $1,167 for the appraised land value, $327 for paving improvements, and damages to the remainder of $15,506 for a total offer to Falcon Steel Company of $17,000. This resolution also authorized the City to institute condemnation proceedings to acquire this property if our offer is refused. FISCAL IMPACT: A total of $17,000 is to be used from an available $3,747,854 from project number 9513-8302-40000 (East-West Freeway Project) for this purpose. This part of the project was originally estimated at $215,000. The Right -of -Way Department recommended approval of this resolution. (15.) Resolution No. 2003-RO536 authorizing the Right -of -Way Department to make an offer to Barclays Financial Management, Inc. for a tract of land in Block 2 and Block 3, Richmond Addition to the City of Lubbock, for the realignment of Avenue O and Avenue P at Yd Street in conjunction with TXDOT's Marsha Sharp Freeway (310 Avenue O). RESOLUTION NO.2003-RO536 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for realignment of Avenue O and Avenue P at Yd Street in conjunction with the Marsha Sharp Freeway 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 lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title 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 Barclays Financial Management, Inc., BE offered through the Right -of -Way Department of the City of Lubbock the amount of $32,900.00 which is the amount appraised as the value and total damages for the fee simple title 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 fee simple title. 559 Regular City Council Meeting December 8, 2003 Page 560 Passed by the City Council this 8th day of December, 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 Office Practice Section Due to the construction of the Marsha Sharp Freeway, this tract of land is also needed for the realignment of Avenue O and Avenue P at P street and is located adjacent to the west and south side of Falcon Steel between Avenue O and Avenue P. The City Council approved an offer on August 29, 2002 of $9,000 to Barclays for two tracts of land containing 2,892 square feet and they accepted our offer. This new alignment required 12,700 (rounded) square feet of additional right-of-way to be purchased from Barclays. Tommy Cantrell M.A.I. was the appraiser of this new parcel and he valued it at $1.65 per square feet for the land of $20,955, $6,990 for the asphalt paving taken, and $4,955 for the damages to the remainder for a total offer to Barclays Financial Management, Inc. of $32,900. This resolution also authorized the City to institute condemnation proceedings to acquire this property if our offer is refused. FISCAL IMPACT: A total of $32,900 is to be used from an available $3,747,854 from project number 9513-8302-40000 (East-West Freeway Project) for this purpose. This part of the project was originally estimated at $215,000. The Right -of -Way Department recommended approval of this resolution. (16.) Resolution No. 2003-RO537 authorizing the Mayor to execute a street use license with Broadway Church of Christ for the use of a City street for a building encroachment on a portion of Main Street for a transformer, storage, and air conditioner chiller building (1911 Main Street). RESOLUTION NO.2003-RO537 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License in favor of Broadway Church of Christ, for a building encroachment on a portion of Main Street for a transformer, storage, and air conditioner chiller room. Said License is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 560 Regular City Council Meeting December 8, 2003 Page 561 Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/ Office Practice Section This street use license is for a building encroachment, which will house an electrical transformer, storage, and air conditioner chiller room in a 5.2-foot north/south wide by 97-foot east/west long area along the south side of the 1900 block of Main Street between Avenue S and Avenue T. The parkway width of the north side of Main Street is 15 feet and this building encroachment will leave a 9.8-foot sidewalk area between the curb and the building for pedestrians and wheelchair access. Broadway Church of Christ originally submitted a proposal that would leave only a 3-foot sidewalk area between the curb and their proposed building improvement, but after meeting with staff, they agreed to move the building addition southward. This license is for 20 years, payable every five years in advance. The cost of this license is the $50 per year minimum or $250 for the first five-year term. FISCAL IMPACT: Yearly income of $50 to the City. The Right -of -Way Department recommended approval of this resolution. (17.) Resolution No. 2003-RO538 authorizing the Mayor to execute an amendment to an airport ground lease between the City of Lubbock and Wolfpen Associates, Inc. for additional employee parking for the Federal Express facility. RESOLUTION NO.2003-RO538 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 an on behalf of the City of Lubbock an Amendment to the Lease Agreement with Wolfpen Associates, inc. at Lubbock International Airport. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 561 Regular City Council Meeting December 8, 2003 Page 562 Passed by the City Council this 8th day of December, 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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Amendment is filed with Resolution No. 2003-R0538. The City of Lubbock executed a lease agreement with Hallmark and Associates on May 11, 1995, granting them the use of approximately 115,500 square feet of land to construct the Federal Express facility at the airport. On May 9, 1996, the Council assigned that lease to Wolfpen Associates, Inc. Wolfpen Associates desired to amend that lease to add an additional 106,450 square feet of land to construct an additional employee parking lot for their facility. The parking lot will accommodate approximately 70 vehicles and three to four 56-foot trailers. It will be landscaped and lighted and will have a security fence around it with automatic gates. It will also contain four tractor -parking stations with electric block heaters for winter operations. The City's Engineering department has reviewed and approved the pavement specifications and the drainage plan. The estimated cost of construction for this improvement is $307,299, which will be borne by Wolfpen Associates, Inc. The initial 20-year term of the lease will expire in 2015. The proposed amendment extends the term by nine years to 2024 in order to give the lessee sufficient time in which to amortize the new investment. The proposed amendment also specifies that the applicable rent rate will be the same as the current rate for the existing ground lease, $0.12 cents per square foot per year. The current lease specifies that the rent rate will be adjusted at prescribed intervals, either up or down, according to the Consumer Price Index. The two ten-year renewal options on the initial lease remain unchanged. The amendment will add $12,614.33 annually to the Airport's revenue stream. In addition, the project comes to us through Wolfpen's agent, Hallmark and Associates as the sole procuring agent for the lease and therefore makes the agent eligible to receive compensation through the City's brokerage agreement upon substantial completion of the project. The commission rate is one year's average base rate over the term of the lease payable in equal one-fourth payments over the first 24 months of the new agreement. FISCAL IMPACT: Increases Airport's revenue by $12,614.33 annually. The Airport Board and staff recommended approval of this resolution. 562 Regular City Council Meeting December 8, 2003 Page 563 (18.) Resolution No. 2003-RO539 authorizing the Mayor to execute an Interlocal Agreement between the City of Lubbock and Frenship Independent School District (FISD) adding the FISD Police to the City's 800MHz Radio System. RESOLUTION NO.2003-RO539 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 Community Development Funding Contract, by and between the City of Lubbock and Friendship Independent School District for the benefits of an 800 MHz Trunked Radio System and all 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 8th day of December, 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 of Information Technology APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the contract is filed with Resolution No. 2003-R0539. The City installed an 800MHz Radio System in 1995, which supplies communications to the City's Public Works and Public Safety Departments, as well as external agencies including the County Sheriffs Department, EMS, Red Cross, and Lubbock Independent School District. Frenship Independent School District Police, needing to communicate with other Public Safety Agencies, is requesting to subscribe to the City's radio system and to purchase one radio to aid their communications with other public safety agencies in the event of such an emergency. FISCAL IMPACT: This agreement will add one radio to Radio Shop system, and will increase revenue by approximately $434 per year. Staff recommended approval of this resolution. (19.) Resolution No. 2003-R0540/ITB #148-03BM —for Alternate Daily Cover for City of Lubbock Landfill — annual pricing. RESOLUTION NO.2003-RO540 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 Alternate Daily Cover for the City of Lubbock Landfill — Annual Pricing, by and between the City of Lubbock and Central Fiber Corporation of Wellsville, Kansas, and related 563 Regular City Council Meeting December 8, 2003 Page 564 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 8th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice A copy of the Letter of Award is filed with Resolution No. 2003-R0540. This bid establishes annual pricing for alternate daily cover to be used at the West Texas Regional Disposal Facility. The alternate daily cover is a slurry material, which consists of a fibrous material, which is mixed with water and applied to the workface with a hydro mulch machine by city crews at the landfill. This material will be used as a daily cover at the end of each working day in lieu of soil on various sections of the workface. Use of this slurry material saves approximately 42,000 cubic yards of space per year at the landfill, which would ordinarily be taken up by cover soil. This equates to an additional $388,000 worth of available space for solid waste. This application also allows for the reduction of high maintenance heavy equipment use. Sixteen local vendors were notified of the Invitation to Bid. FISCAL IMPACT: A total of $83,900 was appropriated and $43,954 is available in project number 5515.8111 (Chemical Supplies) for this purpose. Award bid to Central Fiber Corporation of Wellsville, Kansas for $16,046.55, (20.) Resolution No. 2003-110541N151-03/RS —for City Secretary Vault Renovation (City Secretary). RESOLUTION NO. 2003-RO541 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the City Secretary vault renovation, by and between the City of Lubbock and Minnix Commercial 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. 564 Regular City Council Meeting December 8, 2003 Page 565 Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 8th day of December, 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 Minnix Commercial, 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 #151-03/RS - CITY SECRETARY VAULT RENOVATION - $41,890.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 565 Regular City Council Meeting December 8, 2003 Page 566 CITY OF LUBBOCK, TEXAS (OWNER) By: Marc McDougal 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 Minnix Commercial By: /s/ Jury Smith PRINTED NAME: Jury Smith TITLE: Vice President COMPLETE ADDRESS: Minnix Commercial 14302 S. Slide Road Lubbock, TX 79424 ATTEST: Jo Sisk Corporate Secretary This bid is for the renovation of the vault in the City Secretary's office. The work will include adding sprinkler heads in the vault and lowering the heads to ceiling level in the City Secretary's Office. The vault will also have fire dampers installed in the HVAC systems. Smoke and fire detectors will activate these dampers located in the supply duct and the return air opening. Any openings in the vault walls will be sealed so the vault can achieve the proper fire rating. The water flow system will also be controlled to send a signal to the Fire Dispatchers office upon indication of water movement within the sprinkler system. Seven local contractors were notified of the Invitation to Bid. Time for completion of this project is 90 consecutive calendar days and liquidated damages is $250 per day. FISCAL IMPACT: A total of $475,058 was appropriated and $103,385 is available in project number 9193 (Municipal Facility Security) for this purpose. Award bid to Minnix Commercial of Lubbock, Texas for $41,890. (21.) Resolution No. 2003-110542, Resolution No. 2003-110543, Resolution No. 2003-110544, Resolution No. 2003-110545/11I1) #179-03/RS —for automobiles and light duty trucks (Fleet Services). RESOLUTION NO.2003-RO542 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 automobiles and light duty trucks, per ITB #179-03/RS, by and between the City of Lubbock and Gene Messer Ford 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. 566 Regular City Council Meeting December 8, 2003 Page 567 Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice A copy of the Purchase Order is filed with Resolution No. 2003-R0542. RESOLUTION NO.2003-RO543 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 automobiles and light duty trucks, per ITB #179-03/RS, by and between the City of Lubbock and Philpott Motors, Ltd., of Port Neches, 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 8th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice A copy of the Purchase Order is filed with Resolution No. 2003-R0543. 01� Regular City Council Meeting December 8, 2003 Page 568 RESOLUTION NO. 2003-RO544 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 automobiles and light duty trucks, per ITB # 179-03/RS, by and between the City of Lubbock and Scoggin-Dickey Chevrolet -Buick 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 8th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice A copy of the Purchase Order is filed with Resolution No. 2003-R0544. RESOLUTION NO.2003-RO545 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 automobiles and light duty trucks, per ITB #179-03/RS, by and between the City of Lubbock and Shamrock Chevrolet 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. 568 Regular City Council Meeting December 8, 2003 Page 569 Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice A copy of the Purchase Order is filed with Resolution No. 2003-R0545. This bid is for the purchase of automobiles and light duty trucks. Vehicles include two pickup trucks for Police Administration, one full-size four -door sedan for Police Administration, one full-size four -door sedan for Police Training, seven full-size four -door sedans for Police Investigations, 44 full-size marked patrol sedans for Police Patrol, one full-size marked patrol sedan for Airport Security, one pickup truck for Vector Control, one pickup truck for Street Drainage, three cab and chassis for Animal Services, one pickup truck for Water Reservoir, one cab and chassis for Water -Meter Customer Service, one cab and chassis for Water Pumping and Control, one cab and chassis for Water Production, and one pickup truck for Solid Waste. Items 1 and 2 on the tab sheet are for nine unmarked police sedans and 45 marked patrol sedans for the Police Department. The City has the ability to purchase these vehicles from Philpott Motors of Port Neches, Texas through the City's interlocal purchasing cooperative with the Texas Building and Procurement Commission of Austin, Texas and save $60,318.50, compared to the low bids from Gene Messer Ford of Lubbock, Texas. Thirty-two local vendors were notified of the Invitation to Bid. FISCAL IMPACT: A total of $205,816 was appropriated and $205,816 is available in project numbers: 90338, 90341 and 90342 (various Fleet Services projects for vehicle replacement) for this purpose. Vehicles that will be purchased total $149,235.50 and vehicles that will be financed total $1,297,777. Award bids to Philpott Ford of Nederland, Texas for $1,223,021.50; Gene Messer Ford of Lubbock, Texas for $27,804; Shamrock Chevrolet of Lubbock, Texas for $145,846; and Scoggin-Dickey Chevrolet -Buick of Lubbock, Texas for $50,341, (22.) Resolution No. 2003-110546/13I1) #196-03/BM —for monitoring wells in Lynn County — Hancock Land Application Site (Water Utilities). 569 Regular City Council Meeting December 8, 2003 Page 570 RESOLUTION NO.2003-R0546 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the monitor wells in Lynn County, by and between the City of Lubbock and West Texas Water Well Service of Odessa, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 8th day of December, 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 West Texas Water Well Service, of the City of Odessa, County of Ector, 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 #196-03/BM - MONITOR WELLS IN LYNN COUNTY - HLAS - $80,211.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 570 Regular City Council Meeting December 8, 2003 Page 571 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) West Texas Water Well Service By: Marc McDougal By: /s/ Gil Gillespie Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: /s/ Carrie Dorrance Owner's Representative APPROVED AS TO FORM: /s/ John M. Knight City Attorney PRINTED NAME: Gil Gillespie TITLE: Sales Manager COMPLETE ADDRESS: West Texas Water Well Service 3410 Mankins Odessa, TX 79764 ATTEST: Brenda Y. Collis Corporate Secretary This bid is for the installation of twenty-six monitoring wells at the Hancock Land Application Site. Review of historic data and evaluation of the integrity of existing wells indicate that twenty-six wells must be replaced. The infrastructure provided by the installation of these new wells should provide the reliable water quality results required by the Texas Commission on Environmental Quality in Texas Pollutant Discharge Elimination System permit 13550-01. Sixty-three local contractors were notified of the Invitation to Bid. Time for completion of this project is 90 consecutive calendar days and liquidated damages is $200 per day. FISCAL IMPACT: A total of $100,000 was appropriated and $100,000 is available in project number 8478 (Sewer Capital Project — HLAS Site Wells) for this purpose. Award bid to West Texas Water Well Service of Odessa, Texas for $80,211, (23.) Resolution No. 2003-R0547BID 9204-03/RS —for herbicides — annual pricing (Park Maintenance). RESOLUTION NO.2003-RO547 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 Herbicides — Annual Pricing, by and between the City of Lubbock and Pro Chem Sales 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. 571 Regular City Council Meeting December 8, 2003 Page 572 Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice A copy of the Letter of Award is filed with Resolution No. 2003-R0547. This bid establishes annual pricing for herbicides to be applied at various park sites, street medians, and City facilities by the City of Lubbock Park Maintenance Department. The term is for one year with an option to renew up to two additional one-year terms under the same terms and conditions. The herbicides acquired through this bid will assist with the control of various types of weeds, grubs and ants at various areas maintained by the Parks and Recreation Department and enhance the landscape aesthetics of these areas as well. Chemicals will be used throughout the park system for the control of weeds. In-house application of chemicals provides a cost savings compared to contracting the service. Pro Chem Sales of Lubbock, Texas has agreed to sell this item to other governmental entities, which have cooperative purchasing agreements with the City of Lubbock. FISCAL IMPACT: A total of $37,500 was appropriated and $37,500 is available in project number 5221.8113 (Supplies Pesticide) for this purpose. Reject bids for Item #3 for 3,900 pounds of Gallery and Item #4 for 328 bags of Dimension Ultra WSP due to insufficient funds and award bids for remaining bid items shown on the tab sheet to BWI Companies of Carrollton, Texas for $5,901 and Pro Chem Sales of Lubbock, Texas for $15,000, (24.) Resolution No. 2003-R0548/BID #206-03/RS —for Landscape Maintenance Services at Lubbock International Airport — Annual Pricing (Landscape Maintenance Services). RESOLUTION NO.2003-RO548 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 Landscape Maintenance Service at LIA — Annual Pricing, by and between the City of Lubbock and Pevey Lawn & Landscape 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. 572 Regular City Council Meeting December 8, 2003 Page 573 Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/Linda L. Chama,les Linda L. Chamales Supervising Attorney/Office Practice A copy of the Contract is filed with Resolution No. 2003-RO548 This bid is for contract maintenance services for the terminal building area, Martin Luther King Boulevard, and the Silent Wings Museum. Since 1997, the Department of Aviation has outsourced landscaping maintenance services and has saved money. Staff wishes to continue this program. One hundred thirty-eight local bidders were notified of this Invitation to Bid. FISCAL IMPACT: A total of $60,000 was appropriated and $60,000 is available in project number 4615.8302 (Professional Services) for this purpose. Award bid to Pevey Lawn & Landscape of Lubbock, Texas for $45,012, ORDINANCES FOR PASSAGE First Reading (25.) Ordinance No. 2003-00128 abandoning and closing a portion of Vicksburg Avenue in Section 16, Block E-2, Lubbock County, Texas (10602 Vicksburg Avenue). ORDINANCE NO.2003-00128 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF VICKSBURG AVENUE IN SECTION 16, BLOCK E-2, 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 abandons and closes a 0.008 acre street stub portion of Vicksburg Avenue at its intersection with 106'h Street in the soon to be platted addition of Suncrest Villas. This addition is located south of 106'h Street and west of Utica Avenue and this street stub for Vicksburg Avenue was dedicated when 106th street was dedicated. The new plat for Suncrest Villas shifts the location of Vicksburg Avenue to the east leaving a street stub portion of Vicksburg in a portion of a future platted lot. There will not be a charge for this street closure, since several other street areas are being dedicated. 573 Regular City Council Meeting December 8, 2003 Page 574 FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the first reading of this ordinance. Council Member Martin noted that on the agenda the house address was listed as 11602 Vicksburg Avenue; however, the correct address shown in council backup should be 10602. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass on first reading Ordinance No. 2002-00128 with the correction stated above. Motion carried: 6 Yeas, 0 Nays. Second Reading (26.) ORDINANCE #2003-00126—Establishing classifications for apportionment of costs and the methods of assessing public improvements and services in the North Overton Public Improvement District; approving, adopting and filing with the City Secretary the Assessment Roll; closing the hearing and levying assessments for the cost of improvements and services to be provided in the District during 2004 (second and final reading). ORDINANCE NO.2003-00126 AN ORDINANCE ESTABLISHING CLASSIFICATIONS FOR THE APPORTIONMENT OF COSTS AND THE METHODS OF ASSESSING SPECIAL BENEFITS FOR THE SERVICES AND IMPROVEMENTS OF PROPERTY IN THE NORTH OVERTON PUBLIC IMPROVEMENT DISTRICT ("DISTRICT"); APPROVING, ADOPTING AND FILING WITH THE CITY SECRETARY THE ASSESSMENT ROLL; CLOSING THE HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN SERVICES AND/OR IMPROVEMENTS TO BE PROVIDED IN THE DISTRICT DURING 2004; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF THE ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE. — Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass on second and final reading Ordinance No. 2003-00126 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. Though not in attendance, Mayor Pro Tern Hernandez had previously recused himself. (27•) ORDINANCE #2003-00127—Enacting provisions to manage and receive compensation for the use of the public rights of way within the City of Lubbock by operations of Open Video Systems (second and final reading). ORDINANCE NO 2003-00127 AN ORDINANCE OF THE CITY OF LUBBOCK ENACTING PROVISIONS TO MANAGE AND RECEIVE COMPENSATION FOR THE USE OF THE PUBLIC RIGHTS -OF -WAY WITHIN THE CITY OF LUBBOCK, TEXAS BY OPERATORS OF OPEN VIDEO SYSTEMS. Motion was made by Council Member Gilbreath, seconded by Council Member Patterson to pass on second and final reading Ordinance No. 2003-00127 as recommended by staff. Motion was made by Council Member Morrison amending this ordinance to strike the provision requiring a build out. Motion died for lack of a second. First motion carried: 5 Yeas, 1 Nay. Council Member Morrison voted Nay. The next item considered was Item 36. 574 Regular City Council Meeting December 8, 2003 Page 575 PUBLIC HEARINGS 10:30 A. M. Zoning Council Member Morrison was away from the dais. Items 28 —34 were considered following Item 52. (28.) Ordinance No. 2003-00129 - ZONE CASE NO. 2985 (North of 114th Street and east of Frankford Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for Lubbock Land Company) for a zoning change from T to GO, C-3, and 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 end lots) on 160.2 acres of unplatted land out of the Southwest Quarter of Section 25, Block E-2 (first reading). ORDINANCE NO. 2003-00129 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2985; A ZONING CHANGE FROM T TO GO, C-3, A- 2, AND R-1 SPECIFIC USE ON 160.2 ACRES OF UNPLATTED LAND OUT OF THE SOUTHWEST QUARTER OF SECTION 25, 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 10:38 a. in. No one appeared on behalf of Hugo Reed and Associates, Inc. No one appeared in opposition. Mayor McDougal closed the hearing at 10:39 a. in. The request represents zoning on a quarter section northeast from the corner of 1141h Street and Frankford. The request is a comprehensive case representing commercial, garden office, apartment and single family zoning for the 145-acre tract. Adjacent land uses: North — residential South — vacant, zoned "T" as transitional East — vacant, zoned "T" West — vacant commercial, residential and a church The commercial portion of the request to the Planning Commission did not conform to the Comprehensive Land Use Plan. The Plan indicates a policy of ten acres per corner, and the proposal in this case essentially meets the area but not the shape. The Planning Commission amended the C-3 portion of the request in the recommendation to the City Council from 1,406 feet to 800 feet east/west along 114`h Street. Following is the discussion resulting in that action. The experience of several developers along 82"d Street west of Frankford Avenue is the basis for the request for an elongated parcel along 114`h Street (1,406 feet versus the policy 660 feet). For 82"d Street both east and west of Frankford Avenue on the south side, and east of Frankford Avenue on the north side, the developers of adjacent subdivisions responded to a market for residential lots and down zoned portions of the original ten acres per corner to leave strips approximately 250 feet deep. The resulting sale of individual commercial lots or lots for small strip centers created a climate that seemed to indicate that market demand in southwest Lubbock is greater for individual lots versus a unified shopping center environment at the intersection. Zoning on the north side of 82"d Street, west of Frankford Avenue, was elongated because of the presence of a school site and a playa lake. Matching that elongation on the south side, west of Frankford Avenue, stretched the commercial to the half -mile point at Iola. 575 Regular City Council Meeting December 8, 2003 Page 576 Recognizing the objective and request of the developer for the elongated amount of C-3 at this location would not be much of an issue except that it will create the same effect on the south side of 114`h Street. With the proposed Garden Office to the east, the proposal represents a reversion to a half mile of the "strip" development that the current policy was developed in 1975 to alleviate. 19`h Street, 341h Street and 501h Street provide living examples of the conflict that uncontrolled side traffic from strip development creates. The Comprehensive Land Use policy for the "nodal" 660' by 660' square, ten acres of commercial zoning being focused at the four corners of thoroughfare intersections creates an efficiency for the shopper (having access to multiple shops from one parking lot), and the lessens congestion on the thoroughfare between mile intersections. Beyond that policy, the Planning Commission and City Council have never addressed the issue of market demand for commercially zoned property. The forty acres of commercial property at each intersection creates equity for owners of the adjacent four square miles, and has served Lubbock well in most instances. But, as noted above, residential use is always the largest consumer of property. The fact that market demands for commercial property have not always met the 40-acre per intersection is illustrated at a number of intersections at Quaker Avenue and 98`h Street, Slide Road and 98`h Street, and Frankford Avenue and 82"d Street. The original style of this request (the 1400 feet of C-3 with less depth along 1141h Street) may indicate the need for a work session by the Planning Commission with regard to Comprehensive Land Use Plan Policy. At this point, the staff will not advocate a change, but the process needs to be continually open to discussion and change if development styles or market needs have substantially changed. As noted above, the staff recommended that the proposed C-3 parcel be limited to the standard 660 feet east/west from the centerline of Frankford, or perhaps up to 800 feet as a maximum. The balance of the parcel to the east is recommended as A-2. The approximate 4.7-acre tract will make a convenient location for a church or an apartment tract and is consistent with Plan Policy. The land south of 114`h Street has no physical or existing development constraints that interfere with the east/west dimension of the future commercial as meeting the 660 feet dimension. The north/south dimension in this proposal of 663 feet of this parcel along Frankford Avenue meets policy. The Garden office east of the area recommended as A-2 along I I4th Street is fine as a buffer. The staff always cautions that the Planning Commission and City Council discussion should include a reference to the fact that the Garden Office zoning not be used as a stepping -stone to additional strip commercial at a future date. If the market does not exist for professional offices on that much property, and the residential portion of the subdivision "land locks" the strip of land along 114`h Street, a natural future tendency would be to request commercial zoning. The proposal will not generate any more traffic than is anticipated by the Comprehensive Plan and the Master Thoroughfare Plan. Since the entire half mile will be "not residential", the Commission was asked to consider one of two conditions related to curb cuts: • The developer will present a traffic management plan (for curb returns) for each of the zoning districts along 114`h Street and the commercial area along Frankford Avenue prior to issuance of any construction permit; or, • For the commercial, apartment and garden office portions of the development, curb returns shall be limited to one within each 200 feet along Frankford Avenue and 1141h Street. On -site cross access 576 Regular City Council Meeting December 8, 2003 Page 577 easements shall ensure each property owner of access to the adjacent thoroughfare. The representative of the developer requested the first alternative. The Planning Commission recommended approval of this resolution subject to the following conditions: 1. The developer will present a traffic management plan (for curb returns) for each of the zoning districts along 1141h Street and the commercial area along Frankford Avenue for review and approval by the Planning and Zoning Commission prior to issuance of any construction permit. 2. For the R-1 portion of the request, the minimum front setback shall be twenty feet for standard lots and five feet for cul-de-sac lots. 3. In the R-1 portion, the side setback on corner lots shall be five feet. 4. In the R-1 portion, for corner lots of blocks that have paved alleys and access to the garage from the alley, the setback of any fencing along the side street shall be five feet. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2002-00129 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (29.) Ordinance No. 2003-00130 - ZONE CASE NO. 2987 (north of 82nd Street and east of Upland): Hold a public hearing to consider request of the City of Lubbock (for residents of Papalote South) for a zoning change from T to R-1 Specific Use (for Residential Estates) on Lots 1- 46, Papalote South Addition first reading). ORDINANCE NO. 2003-00130 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2987; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE FOR RESIDENTIAL ESTATES ON LOTS 1-46, PAPALOTE SOUTH ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:38 a. in. No one appeared on behalf of City of Lubbock (for residents of Papalote South). No one appeared in opposition. Mayor McDougal closed the hearing at 10:39 a. m. When the ten square mile area to the south and west was annexed in 1999, the City Council and staff made a commitment to file zone cases for the subdivisions that allowed livestock. The correct district is "RE" or Residential Estates. This request is on a portion of the Papalote South Subdivision north of 82nd Street and east of Upland Avenue. Versus the Code description of number and type of stock normally allowed in RE, the staff has asked that the ordinances in these subdivisions be structured according to the deed restrictions for the subdivision. Since the zone case was filed, records have been corrected to reflect the fact that only Lots 1-46 of the Papalote South subdivision are eligible for stock according to the deed restrictions. As a result of the mailing of notice, some of the residents indicate that they do not want the City to validate the ability to have livestock as allowed in the deed restrictions. Thus, several of the owners are now not 577 Regular City Council Meeting December 8, 2003 Page 578 in agreement with the ability conferred by the deed restrictions when they bought their lots and the subdivision was in the county. The current count of the respondents of both our mail out and the questionnaire by a resident of the addition indicate, within the 46 lots, thirteen are in favor and eight opposed. Several of the homeowners appeared at the Commission hearing to show their support; none appeared in opposition. Discussion by the Planning Commission indicated that the expectations of the residents who bought the lots because of the ability to have one or two horses should be honored. The Planning Commission recommended the request with one condition: No more than two horses on each lot and no cows or other livestock will be allowed. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2002-00130 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (30.) Ordinance No. 2003-00131-ZONE CASE NO. 2255-M (5802 63rd Street and 6204 Frankford Avenue): Hold a public hearing to consider request of Fleming Investment Property (for John Zwiacher) for a zoning change from GO to C-4 limited to vehicle sales and all permitted GO uses on an Lots 9 and 23, Spur 327 Business Park Addition (first reading). ORDINANCE NO. 2003-00131 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-M; A ZONING CHANGE FROM GO TO C-4 ZONING LIMITED TO VEHICLE SALES AND SERVICE AND ALL PERMITTED GO USES ON LOT 9, SPUR 327 BUSINESS PARK ADDITION AND AN UNPLATTED ONE ACRE PARCEL OUT OF SECTION 36, 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 10:38 a. in. No one appeared on behalf of Fleming Investment Property. No one appeared in opposition. Mayor McDougal closed the hearing at 10:39 a. in. The request would allow the current owners of the Scoggin Dickey dealership to have a presence on Frankford Avenue. Adjacent land uses: North — office South — commercial East — Frankford Avenue and single family West — commercial For a historical perspective, the 1975 Comprehensive Plan illustrated the intersection at 66`h and Frankford Avenue as the commercial focal point in this vicinity, not the Spur and Frankford Avenue. Subsequently, Farrah was platted as a single-family subdivision up into the corner south of the Spur and adjacent to Frankford Avenue. As the influence of the Spur, Loop 289 and the Mall began to mature, it was evident that the Sxur intersection would be the "hot spot", not 66`h Street. In addition, 66 Street was downgraded to "collector" status from "thoroughfare" since it could not intersect correctly with Slide Road. As a result of all this activity, the undeveloped area west of Frankford Avenue between the Spur and 66a' Street did not seem to represent a prime 578 Regular City Council Meeting December 8, 2003 Page 579 location for residential. In the 1983 update of the Comprehensive Land Use Plan, the land between 66"' Street and the Spur was amended from "residential" to illustrate "commercial" policy. The initial zone cases on the west side of the Frankford Avenue included a large car dealership at the corner of Frankford Avenue and the Spur, then AM limited to professional offices one lot deep south to 65t, Street. The interior area to the west is zoned C-4 with a strike list. The AM zoning along Frankford Avenue was an attempt to buffer the homes that were built to the east in Farrah. Several zone cases for a drive-in restaurant have been denied on this parcel, and one parcel to the south that was initially garden office has been rezoned to C-2. The applicant agreed with several of the neighbors to the east to amend this zone case to include only the C-4 limited to vehicle sales and a reversion to garden office if that use is discontinued. With that concession, no one spoke against the proposal at the Planning Commission meeting. The Planning Commission recommended approval of this ordinance with one condition: The parcel will be zoned C-4 with one permitted use, vehicle sales and service. If that use is discontinued, the zoning shall revert to Garden Office. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2002-00130 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (31.) Ordinance No. 2003-00132 - ZONE CASE NO.2988 (6001 Spur 327): Hold a public hearing to consider request of Tom Williams for a zoning change from C-2 to IHC on a 4.23 acre tract of unplatted land out of Section 36, Block AK first reading). ORDINANCE NO. 2003-00132 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2988; A ZONING CHANGE FROM C-2 TO IHC ZONING ON A 4.23 ACRE TRACT OF UNPLATTED LAND OUT OF SECTION 36, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:38 a. m. No one appeared on behalf of Tom Williams. No one appeared in opposition. Mayor McDougal closed the hearing at 10:39 a. m. The request is to rezone an area currently zoned C-2 to C-4. Adjacent land use is commercial (some vacant) to the east, west and south. North across the Spur is McAlister Park. Following the discussion from Zone Case 2255-M (Scoggin Dickey), Dr. Williams' father filed an AM request on this land in the early 1980's, and later requested the C-2. Their business was the first in the area after the amendment of the Comprehensive Land Use Plan (in 1983) denoting the entire area between the Spur and 66th Street as commercial. In a subsequent zone case the area back to the east was zoned C-4 with a strike list and recently the area to the west was zoned Interstate commercial. The staff has no issue with the request for heavier zoning. Staff indicated to Dr. Williams that an Interstate Commercial request would be supported. His objective in asking for the C-4 is the allowance for billboards in that district. In terms of equity, since the entire adjacent area is zoned in a 579 Regular City Council Meeting December 8, 2003 Page 580 manner that does not allow billboards, the staff did not support the request as filed. In discussion with the Planning Commission, Mr. Tom Williams agreed with the change to Interstate Commercial. The Planning Commission recommended approval of this ordinance. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2002-00132 as recommended by staff. Motion carried: 4 Yeas, 1 Nay. Council Member Martin voted Nay. (32.) Ordinance No. 2003-00133 - ZONE CASE NO. 2989 (north of 66th Street and east of MLK Jr. Blvd.): Hold public hearing to consider request of Hugo Reed and Associates (for Granite Construction Company) for a zoning change from M-1 to M-2 Specific Use (for an asphalt plant) on a 4.1 acre tract of unplatted land out of Section 2, Block S first reading). ORDINANCE NO. 2003-00133 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2989; A ZONING CHANGE FROM M-1 TO M-2 SPECIFIC USE FOR AN ASPHALT PLANT ON A 4.1-ACRE TRACT OF UNPLATTED LAND OUT OF SECTION 2, BLOCK S, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor McDougal opened the public hearing at 10:38 a. m. No one appeared on behalf of Hugo Reed and Associates, Inc. No one appeared in opposition. Mayor McDougal closed the hearing at 10:39 a. m. Granite Construction is proposing a permanent location within the City of Lubbock, east of MLK and north of 66 h Street. The portion of the industrial tract containing the asphalt plant requires a Specific Use Permit. Adjacent zoning is industrial in all directions; most of the area is vacant. The request is consistent with the Comprehensive Land Use Plan and zoning policy. The site is remote from all adjacent uses with the exception of industrial building (formerly Gary Products) south of 660, Street fronting Loop 289. The project will not have an effect on the thoroughfare system. Granite is improving 66 h Street to allow their access back to MLK. The Planning Commission recommended approval of the request. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2002-00133 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (33.) Ordinance No. 2003-00134 - ZONE CASE NO.2985-A (south of 1061h Street and east of Frankford Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for Lubbock Land Company) for a zoning change from T to R-2 Specific Use for residences with 20 foot front setbacks (15 foot for garden homes), 5 foot setbacks on cul-de-sac lots and 5 foot side setbacks on end lots with 5 foot side fence setbacks on end lots, on a 7.8 acre unplatted tract of land out of Section 25, Block E-2 first reading). 580 Regular City Council Meeting December 8, 2003 Page 581 ORDINANCE N0.2003-00134 AN ORDINANCE AMENDING ZONING ORDM KING THE FOLLOWING OFFICIAL MAP OF THE CITY OF LUBBOCK CHANGES: ZONE CASE NO. 2985-A; A ZONING A � �PLAT�'ED TO SPECIFIC USE FOR REDUCED SETBACKS ON A 7. OF LAND OUT OF SECTION 25, BLOCK E-2, LUBBOCK, A SUBCLAUSJECT CONDITIONS; PR0VIRDpUBLICATION. PENALTY; PROVIDING GS AND PROVIDINGFOR 0 lic hearing at 10:38 a. m. No one Mayor McDougal opened the pub d Associates, Inc. No one appeared in appeared on behalf of Hugo Reed an opposition. Mayor McDougal closed the hearing at 10:39 a. m. A site plan for the proposed "Allen Farm" preliminary plat is in backup for ZC 2985. This request follows stract Theone Case 985 since the original Planning Commission notice indicated single family on could not amend the continued case to include the R-2 request. A plat condition requested that 106d' Street remain adjacent to the 50-foot transmission easement, prompting the developer to request duplex zoning versus single family facing that easement. Adjacent land use is existing or targeted as single family to the east and south, single family is existing north of the transmission easement, and a church is to the west of Frankford Avenue. The request is consistent with Comprehensive Land Use Plan policy and zoning policy. The proposal should have no effect on the thoroughfare system. The Planning Commission recommended the request with the following conditions: 1. The minimum front setback shall be 20 feet. 2. The side setback on corner lots shall be five feet. If the homes have access to a garage from the alley, the fence along the side street shall have a five-foot setback to benefit line of sight along the street. FISCAL IMPACT: Not Applicable. Staff supported the recommendation of the Planning Commission. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2002-00134 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. ZONING ORDINANCES FOR PASSAGE Second Readine (34.) ORDINANCE #2003-00073—ZONE CASE NO. 2977 (3801 19th Street): Request of Graco Real Estate Development for Covenant Health Systems for a zoning change from C-3 and AM to C-2A on Block 1, Reeder Addition. (second and final reading) ORDINANCE NO.2003-00073 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2977; A ZONING CHANGE FROM C-3 and AM TO C- 2 SPECIFIC USE ZONING ON BLOCK 1, REEDER ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The City Council approved Zone Case 2977 on June 5, 2003 as a first reading. The proposed use on the corner of 19'' Street and Memphis Avenue is a drug store, with a small branch bank on the west side of the 581 Regular City Council Meeting December 8, 2003 Page 582 lot. The case includes a specific use permit for a reduced set back on the west parcel that will allow the bank to function better. The developer requested a hold on the second reading until the real estate transaction could be completed. During that time, a replat was processed and the staff requested some additional right of way dedication for a turn lane on Memphis Avenue. The developer and future tenants responded with a revised site plan that will work for the two proposed uses and allow Memphis Avenue to function better when reconstruction for the Marsha Sharp Freeway occurs. The only change to the proposed site plan is several parking spaces were lost when angle parking was introduced on the west side of the drug store. FISCAL IMPACT: Not Applicable. Staff appreciates GRACO and the future tenants working with us on the Plat, and recommended approval on second reading of this ordinance. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass on second and final reading Ordinance No. 2003-000073 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Council Member Boren was away from the dais. 10:38 A. M. CITY COUNCIL RECESSED 10:42 A. M. CITY COUNCIL WORK SESSION CONVENED City Council Chambers The next item considered was Item 54. MISCELLANEOUS (35.) Resolution No. 2003-R authorizing a contribution in the amount of $9,000 to the Lubbock Area United Way Agency. This item was deleted. Communications/Legislation (36.) Consider minuted action by the City Council authorizing the Mayor to enter into contract negotiations with a consulting firm that has been selected by the City Council to provide federal legislative service on behalf of the City of Lubbock in Washington D.C. This item was considered following Item 27. The federal consulting contract with McCall Associates ended on September 30, 2003. Per Council's request, staff inquired and created a short list of possible Washington D.C. consulting firms for consideration. Those firms are: Patton & Boggs, Meyers & Associates, the Ferguson Group, the National Group, and McCall Associates. Proposals have been received from all five firms. The City Council has asked that a comparison of each firm's accomplishments be created next to each of Lubbock's federal legislative priorities: Transportation (Marsha Sharp Freeway, Ports to Plains Corridor, Citibus), Homeland Security, Law Enforcement, Water Infrastructure (EPA STAG Earmark, Bureau of Reclamation Title XVI Water Reclamation Project Authorization). In addition, a specific request to provide information regarding critical areas of water infrastructure funding (pipeline, blender, re -use, possible desalinization), electric competition/grids, transportation, the Federal Farm Bill, assisting Lubbock's medical community, as well as the firm's success with both political parties and the current administration. Each firm's proposal highlighted their strengths in different legislative areas, but to ensure that these firms have the opportunity to add specific information or examples regarding their past success in these legislative 582 Regular City Council Meeting December 8, 2003 Page 583 areas, each was contacted and given the opportunity to provide additional information. This comparison will be provided to Council later next week. FISCAL IMPACT: The Legislative budget has $122,000 allotted to pay for both federal and state legislative consulting services. Each firm's financial proposal is below. Financially, Patton & Boggs indicates that they are prepared to offer fees for their first year of service be capped at a lower level than what their firm would typically charge for a similar project. They cite $5,500 per month, but with the understanding that, assuming the City is pleased with their services, that their fees would increase in subsequent years. Financially, Meyers & Associates proposes fees of $8,000 per month plus expenses for the first year contract. They indicate that expenses can expect to be approximately $750 a month, not including airfare. Financially, The Ferguson Group has a $10,000 per month fixed retainer and the client is billed monthly for reimbursable expenses. Financially, The National Group proposes a monthly retainer fee of $7,500 for one year plus expenses, plus a standard 5 percent fee for overhead. They will bill directly for out-of-pocket expenses. Financially, McCall Associates is proposing continued service to the City of Lubbock at $40,600 annually, and it is negotiable. The contract calls for a retainer of $16,000, 36 assured hours of service at $100 per hour with optional hours of service to be at the rate of $100 per hour not to exceed $18,000. Staff will provide a comparison of each firm in light of Lubbock's federal legislative priorities once the information is received and completed for consideration. Bob Goodwin, Corporate Communications Manager, answered questions. Council Members Boren and Morrison returned to the dais. Motion was made by Council Member Martin, seconded by Council Member Boren authorizing the Mayor to enter into contract negotiations with a consulting firm and to name Meyers & Associates as the consulting firm. Motion carried: 6 Yeas, 0 Nays. Community Development (37.) Resolution No. 2003-RO549 adopting the plan to solicit public comment in order to establish a Community Development Program in accordance with Chapter 373 of the Texas Local Government Code. RESOLUTION NO.2003-RO549 WHEREAS, the City of Lubbock (the "City") receives and utilizes federal funds to conduct community development activities pursuant to federal laws and regulations; and WHEREAS, on Jun 19, 2003, the City Council voted to pursue the use of Section 108 funds from the United States Department of Housing and urban Development in order to conduct certain community development activities (the "Activities") as described in Exhibit "A," which is attached hereto as if fully set forth herein; and WHEREAS, the City desires to establish a Community Development Program in accordance with Chapter 373 of the Texas Local Government code in order to conduct the Activities; and WHEREAS, the City desires to adopt a plan under which citizens may publicly comment on the proposed Community Development Program. NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 583 Regular City Council Meeting December 8, 2003 Page 584 THAT the City hereby adopts the Plan, as described in Exhibit `B," which is attached hereto as is fully set forth herein, under which citizens may publicly comment on the proposed Community Development Program. Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Nancy Haney, Community Development Director APPROVED AS TO FORM: /s/ Amy Sims Amy L. Sims, Assistant City Attorney A copy of the Exhibit "A" and Exhibit `B" is filed with Resolution No. 2003-R0549. Upon the advice of Bond Counsel, the procedure of establishing a Community Development Program and soliciting public comment is a necessary prerequisite to establishing a Section 108 Loan Program. On June 19, 2003, City Council approved a resolution authorizing the Mayor to execute a contract, and all related documents, for the Housing and Urban Development Section 108 Loan Program that will be used to fund a citywide housing rehabilitation program. FISCAL IMPACT: None. Community Development recommended the approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2003-R0549 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next items considered were Items 40-52. 11:00 A. M. Public Hearine This was the first item considered after City Council Regular Meeting reconvened at 11:04 A. M. (38.) Hold a public hearing in order to solicit public comment on the proposed Community Development Program in accordance with Chapter 373 of the Texas Local Government Code. Mayor McDougal opened the public hearing at 11:04 a. in. No one appeared on behalf of the proposed Community Development Program. No one appeared in opposition. Mayor McDougal closed the hearing at 11:05 a. in. Upon the advice of Bond Counsel, the procedure of establishing a Community Development Program and soliciting public comment is a necessary prerequisite to establishing a Section 108 Loan Program. On June 19, 2003, City Council approved a resolution authorizing the Mayor to execute a contract and all related documents, for the Housing and Urban 584 Regular City Council Meeting December 8, 2003 Page 585 Development Section 108 Loan Program, which will be used to fund a citywide housing rehabilitation program. FISCAL IMPACT: None. 11:05 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present except Mayor Pro Tem Hernandez. ADMINISTRATIVE SERVICES Buddy Holly Center (39.) Resolution No. 2003-R appointing the Oversight Committee for the 4th Annual Buddy Holly Music Festival & Symposium 2004. This item was deleted. Facilities Management Items 40-52 were considered following Item 37. (40.) Resolution No. 2003-RO550 authorizing the Mayor to execute an Amendment to the Land Acquisition and Management Agreement and all related documents between the City of Lubbock and the Science Spectrum. RESOLUTION NO.2003-RO550 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment to the Land Acquisition and Management Agreement, by and between the City of Lubbock and Science Spectrum, and all related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Assistant City Manager APPROVED AS TO FORM*: /s/ Amy Sims Amy Sims, Assistant City Attorney * SEE ALSO THE LEGAL OPINION ATTACHED HERETO A copy of the Amendment is filed with Resolution No. 2003-R0550. On February 28, 1991, the City Council entered into an agreement with the Science Spectrum to manage the Science Spectrum exhibition hall and auditorium for educational, cultural and scientific programs. The City 585 Regular City Council Meeting December 8, 2003 Page 586 owns the underlying property and facility, but pays the Science Spectrum to manage the facility. As a part of the agreement, the City retains all of the gross revenues of the exhibition hall/auditorium in a separate fund, but pays over all such revenue, less $16,666 each month to the Science Spectrum. The Science Spectrum uses the funds it is paid, first for operations and maintenance. The remainder is retained by the Science Spectrum for management fees. The City is entitled to a total amount of $200,000 annually from this agreement. The Science Spectrum has proposed an amendment to the Agreement, whereby it retains all of the gross revenues of the exhibition hall/auditorium. It will then use the $200,000 for any and all necessary repairs and remodeling of the exhibition hall/auditorium and the equipment. FISCAL IMPACT: The City will not receive the $200,000 annual payment, but the money will be invested in the repairs and remodeling of the City -owned facility. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2003-RO550 furnished to City Council dated December 8, 2003. Motion carried: 6 Yeas, 0 Nays. Lake Alan Henry (41.) Resolution No. 2003-RO551 authorizing the Mayor to execute a Professional Services Contract with Parkhill, Smith & Cooper, Inc. in the amount not to exceed $117,800 for Architectural/Engineering Services for a restroom facility in the Sam Wahl Recreational Area at Lake Alan Henry. RESOLUTION NO.2003-RO551 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 and associated documents with Parkhill, Smith & Cooper, Inc. for Architectural/Engineering Services for a Sam Wahl Recreational Area Comfort Station. 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. 586 Regular City Council Meeting December 8, 2003 Page 587 Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell, Community Services Director APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the contract is filed with Resolution No. 2003-R0551. On May 22, 2003, the City Council approved an agreement with Parkhill, Smith & Cooper, Inc. (PSC) for 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 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. On October 22, 2003, Parkhill, Smith & Cooper, Inc. presented the concepts for the Design Guidelines. The City Council reached a consensus in regards to the Design Guidelines and encouraged staff to move forward with the design and construction of the restroom facility. The scope for the design services of the restroom facility included the following: Utility Infrastructure: PSC will investigate several systems for providing water and wastewater services to the project site. Based on the selected system, PSC will then engineer the utility infrastructure. Utility infrastructure included potable water, wastewater and electricity. Basic Architectural and Engineering Services: The task will begin with schematics and be completed with the bid phase. The facility is estimated to be around 1,800 square feet including a men and women's restroom with showers, a mechanical/electrical room, janitorial space, a 600 square feet covered patio with seating and an area for vending machines. The restroom facility can be more accurately described as a Comfort Station. Landscape/Revegitation Services: PSC will provide site/landscape design services for the two -acre site incorporating both the Comfort Station area and septic field area. This will include design of reseeding/resoding, investigation of temporary irrigation techniques (for plant establishment), evaluation of long-term irrigation needs and replanting or design of new vegetation. Construction Administration Services: Construction from Notice to Proceed to Occupancy is anticipated to be eight months. PSC will hold monthly progress meetings (maximum of nine) at the site and a maximum of nine other site visits during construction. PSC will review shop drawings and generally answer questions during construction. 587 Regular City Council Meeting December 8, 2003 Page 588 Storm Water Pollution Plan (SWPP): PSC will develop a Storm Water Pollution Prevention Plan for the Comfort Station site. This plan is a requirement by TCEQ. AE Services for an entry sign near Gobbler Creek: The entry sign is anticipated to be a large lighted sign placed near Gobbler Creek. The sign will designate the eastern boundary of the Recreational Area. This task will begin with the schematic phase and be completed with the bid phase. Three design concepts will be developed. Construction documents will be developed for the selected concept. The sign project will be bid as one package in conjunction with the Comfort Station and constructed concurrently as well. Based on the scope of work and factors described above, a lump sum fee for the above -described work is as follows: Utility Infrastructure $ 26,052 Basic AE Services for Comfort Station $ 33,516 Landscape/Revegitation Planning Services $ 13,391 Construction Administration Services $ 17,591 Storm Water Prevention Plan $ 3,000 Basic AE Services for Entry Sign $ 2,250 Total Lump Sum $ 95,800 The budget for reimbursable expenses is $22,000. Reimbursable expenses include a site survey, geo-technical reports for soils and water percolation, TDLR (ADA) plan review and inspection, reproductions and travel. The total amount of this agreement is $117,800. The estimated time line for this project is as follows: Design Phase December 9, 2003 — February 10, 2004 Bid Phase, February 10, 2004 — March 25, 2004 Council Approval Construction Phase April 2004 —November 2004 It is estimated construction will take eight months for this project. Staff is investigating alternatives to complete construction in a shorter time frame. FISCAL IMPACT: A total of $2,554,938 was appropriated and $1,604,661 is available in project number 9492 (Lake Alan Henry Improvements) for this purpose. Randy Truesdell, Parks and Recreation Director, gave staff comments. Council Member Martin asked why this facility could not be opened by April of 2004. Clayton Yeager with Parkhill, Smith & Cooper, Inc. stated he would expedite items from his end. Staff recommended approval of this resolution. Motion was made by Council Member Gilbreath, seconded by Council Member Martin to pass Resolution No. 2003-R0551 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Library Services (42.) Resolution No. 2003-R0552 to rename the T. J. Patterson Branch Library, the Bobbie Gean and T. J. Patterson Branch Library. RESOLUTION NO.2003-R0552 WHEREAS, the T.J. Patterson Branch Library, named in honor of Councilman T.J. Patterson, was dedicated December 9, 1995, and has become a focal point for the community in the eastern part of the City of Lubbock; and WHEREAS, the City Council of the City of Lubbock likewise wishes to honor Bobbie Gean Patterson, wife of Councilman T.J. Patterson, for her contributions to the community and her lifetime commitment to education; and 588 Regular City Council Meeting December 8, 2003 Page 589 WHEREAS, Bobbie Gean Patterson has a Bachelor's Degree from Paul Quinn College, a Master's Degree in Education from Texas Tech University, and has impacted the lives of countless young people by dedicating 43 years of her life to the education of Lubbock children; and WHEREAS, Bobbie Gean Patterson has set an example and been a role model for residents of all walks of life and all ages; and WHEREAS, the City Council desires to express their appreciation and to honor this commitment to the community and to education by renaming the T.J. Patterson Branch Library to include Bobbie Gean Patterson; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the T. J. Patterson Branch Library of the City of Lubbock is hereby renamed the "Bobbie Gean and T.J. Patterson Branch Library" Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Jane Clausen Jane Clausen, Library Director APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney On December 9, 1995, the T. J. Patterson Branch Library was dedicated and was opened for service to the citizens of Lubbock on December 11. It was the first new branch library since the Godeke Branch opened in the early 1980s. Since that time, it has become a focal point for the community in the eastern part of Lubbock. Bobbie Gean Patterson, wife of Council Member T. J. Patterson, has spent 43 years in the educational field in the local community. She received a bachelor's degree from Paul Quinn College and a Master's in Education from Texas Tech University. She has been a classroom teacher, counselor, and educational diagnostician. She has also been active in several community organizations, including Delta Sigma Theta Sorority, NAACP, and several neighborhood initiatives. FISCAL IMPACT: Estimated cost of new signage is $4,000. Funds for this project are not budgeted for FY 2003-04. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2003-R0552 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Patterson recused himself. 589 Regular City Council Meeting December 8, 2003 Page 590 (43.) Resolution No. 2003-RO553 authorizing the Mayor to execute the necessary SFY 2004 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support the Lubbock Public Library "Loan Star Libraries" Direct Aid Program. RESOLUTION NO.2003-RO553 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 the necessary SFY 2004 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support the Lubbock Public Library "Loan Star Libraries" Direct Aid Program, and all related documents. Said Contract and related documents are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Assistant City Manager 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-R0553. The 78th Texas State Legislature appropriated $2.7 million in each year of the 2003-2004 biennium for the Loan Star Libraries' Program of direct state aid to Texas public libraries. This grant provides direct grants-in-aid to public libraries, which are members of the Texas State Library System. Under this program, the Lubbock Public Library will receive $19,340 in SFY 2004. The purpose of the Loan Star Libraries' Direct Aid Program (13 TAC Sec. 2.160) is to provide incentive for local communities to extend public library service without charge to those Texans residing outside each library's local legal service area, to improve library services statewide and to improve access to public library resources for all Texans. Primarily, because of geographical factors, the Lubbock Public Library has never instituted a non-resident fee. Also, it has historically provided reciprocal borrowing status to anyone living in the 29 counties area of the West Texas Library System. With these provisions already in place, the Lubbock Library is eligible to receive full -formula funding under the Direct Aid Program. In order to support the grant purpose of equal access for all Texans at the local level, the Lubbock Public Library will use the Loan Star funds to supplement the local library support for library materials. The Library will purchase audio-visual media for adults and children, including books on tape and CD, videos, and DVDs. 590 Regular City Council Meeting December 8, 2003 Page 591 FISCAL IMPACT: A total of $19,340 was appropriated by the Texas State Library for the purchase of library multimedia materials. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Patterson to pass Resolution No. 2003-RO553 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Parks and Recreation (44.) Resolution No. 2003-RO554 authorizing the Mayor to execute a License Agreement with the Agriculture Heritage Museum to construct and operate a museum for the display of agricultural implements of historical and antiquity value. RESOLUTION NO.2003-RO554 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 Agriculture Heritage Museum, Inc., doing business as American Museum of Agriculture, to construct and operate a museum for the preservation and display of agriculture related artifacts, and any associated 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 8th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Corbin Pemberton Corbin Pemberton Director of Parks and Recreation 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-R0554. On June 26, 2002, the City of Lubbock amended the License Agreement with the American Wind Power Center to allow for a sublicense to the Agriculture Heritage Museum, Inc, for the sole purpose of displaying antique agricultural implements. The Agriculture Heritage Museum, Inc., doing business as The American Museum of Agriculture, is now occupying eight acres on the north end of the property located at Canyon Lakes Drive and Broadway Street. The term of the sublicense is for five years, with an option for an additional five-year term. With that in mind, the Agriculture Heritage Museum, Inc. wishes to locate their permanent facility on twenty-eight acres at the southeast corner of Mackenzie Park, on the north side of Broadway Street, across from the 591 Regular City Council Meeting December 8, 2003 Page 592 American Wind Power Center. Based on the value that the museum adds to Lubbock's tourism industry, the Parks and Recreation Advisory Board endorsed this location in May 2001. The term of the agreement is for an initial 20 years with four additional successive option periods of 10 years each. All improvements will be made by the Agriculture Heritage Museum with approval by the Parks and Recreation Advisory Board. The agreement is similar to the agreement between the City of Lubbock and the American Wind Power Center. All operational and maintenance expenses will be the responsibility of the Agriculture Heritage Museum. The Museum will have until November 1, 2008 to raise sufficient funding for the project. In the event that the funds are not raised, this agreement will be terminated. The Agriculture Heritage Museum has developed a master plan that includes an extensive package of site plans, potential exhibit designs, renderings of the permanent facility and cost projections to construct the museum. The master plan, which will be an invaluable tool for marketing and fund-raising, was presented to the City Council in August 2002. FISCAL IMPACT: The Parks and Recreation Department will save approximately $1,000 annually in mowing expenses as this will now be the responsibility of the Agriculture Heritage Museum. The operational and maintenance costs will be the responsibility of the Agriculture Heritage Museum. David Langston, Chairman, made comments. He also introduced Alton Brazell, Curtis Griffith, Jim Shearer, Waylon Carroll, Don Langston and Jane Anne Stinnett. He also introduced the new Executive Director, Angela Beesley. Ms. Beesley gave a presentation. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2003-RO554 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Member Gilbreath recused himself. ELECTRIC UTILITIES Electric Utilities (45.) Resolution No. 2003-RO555 authorizing the Mayor to execute a Comprehensive Settlement Agreement between the cities of Lubbock, Brownfield, Floydada, and Tulia and the West Texas Municipal Power Agency. RESOLUTION NO.2003-RO555 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 Comprehensive Settlement Agreement between the City of Brownfield, the City of Floydada, the City of Lubbock, the City of Tulia, and the West Texas Municipal Power Agency, which is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 592 Regular City Council Meeting December 8, 2003 Page 593 Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL Marc McDougal, Mayor ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Gary Zheng_ Gary Zheng Chief Operations Officer APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade Natural Resources Attorney A copy of the Comprehensive Settlement Agreement is filed with Resolution No. 2003- R0555. The West Texas Municipal Power Agency (WTMPA) is a municipal corporation that is a power agency with the cities of Brownfield, Floydada, Lubbock and Tulia as members. In 1998, WTMPA and the City of Lubbock decided to build a 40 megawatt combined cycle gas turbine (JRM Unit No. 8) and repower Lubbock Power and Light's Units 6 and 7, all located at LP&L's J. Robert Massengale Station, formerly known as Plant No. 2. WTMPA issued bonds for the construction of JRM Unit No. 8 in the initial principal sum of $28,910,000, dated May 1, 1998. A number of agreements were entered into by and between WTMPA and the respective member cities to effectuate the construction, operation, maintenance and use of JRM Unit No. 8. An audit was conducted of the billing practices associated with the operation of JRM Unit No. 8, as well as the general contractual management between the City of Lubbock and WTMPA. As a result of such audit, certain disputes and claims have arisen among the member cities and WTMPA relating to the allocation among the member cities of power and costs under power purchase contracts with third parties and the operation of JRM Unit No. 8 and Units 6 and 7, the composition of the Board of Directors of WTMPA and issues associated with charges to WTMPA for expenses related to a period when JRM Unit No. 8 was not operational. In an effort to resolve these issues and disputes among the member cities, the mayors of each member city of WTMPA signed an agreement outlining a general resolution of this matter. In this agreement, the mayors of each respective city agreed, generally, to the following: That the capacity of WTMPA's JRM Unit No. 8 will be dedicated to the sole use of the City of Lubbock while WTMPA's bonds on JRM Unit No. 8 remain outstanding; once the WTMPA bonds are completely defeased, ownership of JRM Unit No. 8 shall transfer to the City of Lubbock; the City of Lubbock contractually obligates itself to pay the other member cities' portion of the WTMPA bond payments related to JRM Unit No. 8 and agrees to forgive and release all financial claims the City may have against WTMPA or the other member cities related to the past operation of JRM Unit No. 8; the position of Chairman of the Board of WTMPA is eliminated; the member cities of WTMPA shall specifically nominate that 61*3 Regular City Council Meeting December 8, 2003 Page 594 portion of wholesale power not specifically allocated under the wholesale power contracts of WTMPA; and that WTMPA shall employ and/or contract for sufficient services to manage its contracts and operations. This Comprehensive Settlement Agreement, along with the Capacity Operation and Transfer of Ownership Agreement with WTMPA, memorializes the agreement outlined above and agreed to by the respective mayors of the member cities of WTMPA. By entering into this agreement, the current Power Agreements between the City of Lubbock and the cities of Brownfield, Floydada and Tulia (April 23, 1998; City of Lubbock Resolutions 5828, 5829, and 5831) are repealed in their entirety. FISCAL IMPACT: By entering this agreement, the City of Lubbock is contractually obligating itself to honor all bond payments for WTMPA's bonds related to JRM Unit No. 8. The City is also solely responsible for all costs associated with the operation, maintenance and upkeep of JRM Unit No. 8. While the specific amounts remained in dispute, the City also relinquished all financial claims it may have had against WTMPA and the other member cities. In return, all capacity and assignment rights associated with JRM Unit No. 8 are assigned exclusively to the City of Lubbock. Furthermore, full title to JRM Unit No. 8 will pass to the City upon the expiration of WTMPA's bonded indebtedness associated with JRM Unit No. 8. Finally, all costs associated with the current Power Agreements are eliminated. These comments do not address any indirect fiscal issues or analysis associated with this agreement. Staff recommended approval of this resolution. Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to pass Resolution No. 2003-RO555 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (46.) Resolution No. 2003-RO556 authorizing the Mayor to execute a Capacity Operation and Transfer of Ownership Agreement between the City of Lubbock and the West Texas Municipal Power Agency. RESOLUTION NO.2003-RO556 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 Capacity Operation and Transfer of Ownership Agreement between the City of Lubbock and the West Texas Municipal Power Agency relating to J.R. Massengale generation Unit No. 8, which is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 594 Regular City Council Meeting December 8, 2003 Page 595 Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Gard+ Zheng Gary Zheng Chief Operations Officer APPROVED AS TO FORM: /s/ John M. Knight for Matthew L. Wade Matthew L. Wade Natural Resources Attorney The West Texas Municipal Power Agency (WTMPA) is a municipal corporation that is a power agency with the cities of Brownfield, Floydada, Lubbock and Tulia as members. In 1998, WTMPA and the City of Lubbock decided to build a 40 megawatt combined cycle gas turbine (JRM Unit No. 8) and repower Lubbock Power and Light's Units 6 and 7, all located at LP&L's J. Robert Massengale Station, formerly known as Plant No. 2. WTMPA issued bonds for the construction of JRM Unit No. 8 in the initial principal sum of $28,910,000, dated May 1, 1998. A number of agreements were entered into by and between WTMPA and the respective member cities to effectuate the construction, operation, maintenance and use of JRM Unit No. 8. An audit was conducted of the billing practices associated with the operation of JRM Unit No. 8 as well as the general contractual management between the City of Lubbock and WTMPA. As a result of such audit, certain disputes and claims have arisen among the member cities and WTMPA relating to the allocation among the member cities of power and costs under power purchase contracts with third parties and the operation of JRM Unit No. 8 and Units 6 and 7, the composition of the Board of Directors of WTMPA and issues associated with charges to WTMPA for expenses related to a period when JRM Unit No. 8 was not operational. In an effort to resolve these issues and disputes among the member cities, the mayors of each member city of WTMPA signed an agreement outlining a general resolution of this matter. In this agreement, the mayors of each respective city agreed, generally, to the following: That the capacity of WTMPA's JRM Unit No. 8 will be dedicated to the sole use of the City of Lubbock while WTMPA's bonds on JRM Unit No. 8 remain outstanding; once the WTMPA bonds are completely defeased, ownership of JRM Unit No. 8 shall transfer to the City of Lubbock; the City of Lubbock contractually obligates itself to pay the other member cities portion of the WTMPA bond payments related to JRM Unit No. 8 and agrees to forgive and release all financial claims the City may have against WTMPA or the other member cities related to the past operation of JRM Unit No. 8; the position of Chairman of the Board of WTMPA is eliminated; the member cities of WTMPA shall specifically nominate that portion of wholesale power not specifically allocated under the wholesale power contracts of WTMPA; and that WTMPA shall employ and/or contract for sufficient services to manage its contracts and operations. 595 Regular City Council Meeting December 8, 2003 Page 596 This Capacity Operation and Transfer of Ownership Agreement, along with the Comprehensive Settlement Agreement, memorializes the agreement outlined above and agreed to by the respective mayors of the member cities of WTMPA. By entering into this agreement, the current Power Capacity Agreement entered into by the Parties on (April 23, 1998; City of Lubbock Resolution 5826) and the Operation Management Agreement (April 23, 1998; City of Lubbock Resolution 5827) are repealed in their entirety. FISCAL IMPACT: By entering this agreement, the City of Lubbock is contractually obligating itself to honor all bond payments for WTMPA's bonds related to JRM Unit No. 8. The City is also solely responsible for all costs associated with the operation, maintenance and upkeep of JRM Unit No. 8. While the specific amounts remained in dispute, the City also relinquished all financial claims it may have had against WTMPA and the other member cities. In return, all capacity and assignment rights associated with JRM Unit No. 8 are assigned exclusively to the City of Lubbock. Furthermore, full title to JRM Unit No. 8 will pass to the City upon the expiration of WTMPA's bonded indebtedness associated with JRM Unit No. 8. Finally, all costs associated with the current Operations Management Agreement and Power Capacity Agreement are eliminated. These comments did not address any indirect fiscal issues or analysis associated with this agreement. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO556 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (47.) Resolution No. 2003-110557 authorizing the Mayor to award the bid to Hughes Supply, Inc. for Lubbock, Texas for the North Overton Pedestrian and Streetlight Pole Assembly, RFP #195-03 (Electric Distribution). RESOLUTION NO.2003-RO557 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 North Overton pedestrian and street light pole assembly, per RFP # 195-03/RS, by and between the City of Lubbock and Hughes Supply, Inc, 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. 596 Regular City Council Meeting December 8, 2003 Page 597 Passed by the City Council this 8th day of December, 2003. /S/ T.J. PATTERSON T.J. Patterson, Senior Council Member ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade Natural Resources Attorney A copy of the Purchase Order is filed with Resolution No. 2003-R0557. This bid is for the purchase of ornamental concrete poles and fixtures to be used by LP&L in the street and pedestrian lighting of the North Overton Phase I, the Central Phase I, Project 2 and Dinerstein #2, Phase I Project 3. The particular design of poles and accompanying fixtures have been selected by Parkhill, Smith, & Cooper, Inc. (PSC) as the best design meeting our requirements and no substitutes to the specified Stresscrete poles and King Luminaire fixtures were recommended. PSC is a subconsultant retained by the City of Lubbock to develop the Overton Park Public Improvements Site Guidelines. Included in their scope was the selection and development of all exterior lighting fixture guidelines for lighting assemblies that will be located within the right-of-ways in the Overton Park TIF District. The Stresscrete poles and King Luminaries are specified in the Overton Park Master Plan Site Guidelines. In addition, the Developer Agreements (Sec. 4.6) for all three projects specify that the City will agree to follow the design guidelines. Section 4.6 in the agreements is as follows: City agrees to make available to the Developer for inspection all of its books and records related to the Public Improvements constructed for the Project and to allow Developer access to the Public Improvement site during the construction for the purpose of periodic inspection of the construction work. City agrees, when applicable, to follow the Design Guidelines, including the Landscape Plan provided in council backup. Forty-one local vendors were notified of the request for proposal. FISCAL IMPACT: A total of $240,000 was appropriated and $240,000 is available in project numbers 9198.9240.30000, 90300.9245.30000, and 90301.9245.30000 (North Overton Phase I, The Central Phase I Project 2, and Phase I Project 3) for this purpose. Award bid to Hughes Supply, Inc. of Lubbock, Texas for $225,951, Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2003-R0557 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. Though not in attendance, Mayor Pro Tern Hernandez had previously recused himself. 597 Regular City Council Meeting December 8, 2003 Page 598 (48.) Resolution No. 2003-RO558 authorizing the Mayor to create a Lubbock Electric Utility Governance Commission. RESOLUTION NO.2003-RO558 WHEREAS, the City Council of the City of Lubbock desires to establish the Lubbock Electric Utility Governance Commission to review and evaluate various issues related to the governance of Lubbock Power and Light ("LP&L"); and WHEREAS, the Lubbock Electric Utility Governance Commission shall be appointed and serve as set forth below; and WHEREAS, the goal of the Lubbock Electric Utility Governance Commission is to evaluate the matters described below, and to advise and make recommendations to the City Council on such matters; and NOW THEREFORE, the creation of the Lubbock Electric Utility Governance Commission to review the governance of LP&L and other related matters described below is important to ensure the proper administration of LP&L to the benefit of the citizens of the City of Lubbock. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT the Lubbock Electric Utility Governance Commission is hereby created by the City Council of the City of Lubbock, which shall perform its duties in accordance with the following criteria: A. The primary objective of the Commission shall be to assist the City Council in reviewing the following issues: a. Governance of LP&L, considering the options as attached hereto as Exhibit "A", and other matters related thereto. b. Other electric utility related matters, as designated by the City Council. B. The Commission shall present their recommendations regarding the matters described above to the City Council for their review and implementation as deemed appropriate by the City Council. 2. THAT the Commission may consist of up to nine (9) members initially being comprised of- W. R. Collier Marciano Morales Chris Snead John Owens Lloyd Rinehart J.Q. Warnick Connie Wharton Craig Wells John Zwiacher The Mayor of the City of Lubbock hereby designates W. R. Collier, as Chair of the Commission and shall designate the Vice Chairperson from the appointed members of the Commission. The City Manager of the City of Lubbock shall appoint one (1) City employee, and the City Attorney of the City of Lubbock shall appoint one (1) attorney from the City Attorney's Office, to act as liaisons to the Commission. 3. THAT regular meetings will be held at times and locations established by a majority of the Commission members once every three (3) months, unless otherwise deemed necessary by the Commission. A simple majority shall constitute a quorum, and a majority vote of the quorum shall be required for any action to be taken by the Commission. All meetings and procedures shall be consistent with the policies of the City of Lubbock concerning advisory Commissions and Boards. 4. THAT the Commission members shall serve as follows: Five (5) Commission members shall serve for a term of one (1) year and four (4) Commission members shall serve for a term of two (2) years, said terms to be determined by the Lubbock Electric Utility Governance Commission by a drawing of straws. At the 598 Regular City Council Meeting December 8, 2003 Page 599 expiration of the terms of the initial Commission members, all terms shall be for two (2) years, or until such time as their successors are appointed, as provided above. 5. THAT all Commission members shall serve at the pleasure of, and may be removed by, the Mayor of the City of Lubbock. There shall be no limit upon the number of terms, including successive terms, that a Commission member may serve. 6. THAT reports shall be presented by the Chairperson of the Commission to the City Council as requested by the Mayor. 7. THAT the City Council of the City of Lubbock may dissolve the Lubbock Electric Utility Governance Commission at any time after its creation when its purpose has been fulfilled or the City Council deems said dissolution advisable. Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Interim City Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, First Assistant City Attorney A copy of the Exhibit "A" is filed with Resolution No. 2003-R0558. Pursuant to the direction of the City Council, this resolution creates the Lubbock Electric Utility Governance Commission (the "Commission"). The Commission is tasked to review and evaluate various issues related to the governance of Lubbock Power and Light and any and all other electric utility related matters, as may be designated by the City Council. The Commission consists of nine (9) members, who are all appointed by the Mayor of the City of Lubbock. The Commission members shall serve one or two-year terms as determined by drawing straws. Further, the City Council may dissolve the Commission at any time after its creation when its purpose has been fulfilled or at such time the City Council deems said dissolution advisable. FISCAL IMPACT: The creation of the Lubbock Electric Utility Governance Commission should have no fiscal impact to the City of Lubbock. The City Manager recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO558 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. PLANNING AND TRANSPORTATION Aviation (49.) Resolution No. 2003-R0559/BID #176-03BM —to reject all bids for the airport roofs and remodel project and re -bid (Aviation). 599 Regular City Council Meeting December 8, 2003 Page 600 RESOLUTION NO.2003-RO559 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to reject all bids for Airport Roofs and Remodel, per ITB #176-03BM. Passed by the City Council this 8th day of December, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice This bid is for the construction of two new roofs at the Executive Terminal and at G & G Avionics. Existing roofs are in a very deteriorated state and leak badly. Both buildings are leased and the tenants have incurred damage to equipment as a result of the leaks. New roofs will protect the City's assets and provide a safe and dry working environment for the tenants. This project also includes the remodeling of one set of public restrooms in the Executive Terminal and the construction of new accessible parking and an entrance to the Chaparral facility to bring them into compliance with the Texas Architectural Barriers Standards Act. Six bids were received in response to this Invitation To Bid. The base bid from each bidder is as follows: GKS Commercial of Lubbock, TX $ 97,999 Wardroup & Associates of Lubbock, TX $109,428 Hunter Construction of Lubbock, TX $109,787 Minnix Commercial of Lubbock, TX $110,000 Grant Hill, Inc. of Lubbock, TX $121,000 D & V Construction, Inc. of Lubbock, TX $126,000 Eighty-four local vendors were notified of the Invitation to Bid. Time for completion of the base bid is 75 consecutive calendar days and liquidated damages is $500 per day. FISCAL IMPACT: A total of $95,000 was appropriated and $81,751 is available in project number 90304 (FBO Roof Building Project) for this purpose. Reject all bids due to lack of funds, Motion was made by Council Member Martin, seconded by Council Member Boren to reject all bids as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Business/Neiabborhood Development (50.) Resolution No. 2003-110560BI1) #181-03/RS —for Overton Park Streetscape (Business and Neighborhood Development). Regular City Council Meeting December 8, 2003 Page 601 RESOLUTION NO.2003-RO560 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the Overton Park Streetscape, by and between the City of Lubbock and Tom's Tree Place 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 8th day of December, 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/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 8th day of December, 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 Tom's Tree Place, 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 # 181-03/RS - OVERTON PARK STREETSCAPE - $203,941.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 601 Regular City Council Meeting December 8, 2003 Page 602 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) By: Marc McDougal Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: /s/ Rob Allison Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney Tom's Tree Place By: /s/ Alex Scarborough PRINTED NAME: Alex Scarborough TITLE: Vice President COMPLETE ADDRESS: Tom's Tree Place 5104 34th Street Lubbock, TX 79410 ATTEST: Scott A. Scarborough Corporate Secretary This bid is associated with the implementation of public improvements identified in the North Overton TIF Project Plan. The locations of these improvements are in the parkway of Avenues V and W surrounding the Sterling University Trails student housing complex. The "Overton Park" redevelopment initiative is located in the North Overton TIF District with the boundaries 4th Street on the north, Avenue Q on the east, Broadway Street on the south, and University Avenue on the west. Some of the design characteristics of this redevelopment include a mixed use development effort with commercial construction, multi -family, townhouses, and neo-traditional single-family housing, architecture complementing Texas Tech University, and pedestrian and bicycle friendly routes. McCanton Wood L.C., a corporation with Delbert McDougal as a principle, is the developer of this project. The McDougal Companies contracted with Humphreys & Partners Architects, L.P. to develop the Master Plan for "Overton Park". In addition, the City of Lubbock contracted with Humphries & Partners to develop the Streetscape Master Plan Guidelines for public improvements. The scope of work for the Overton Park Streetscape project includes hardscape (concrete, etc.), landscaping, ground preparation, and irrigation system. Staff recommended accepting the base bid plus option #1 for a total cost of $204,941. Option # 1 includes additional landscaping on Main Street. There is a $60,000 difference between the top two bids. The position of Tom's Tree Place is that they aggressively went after this job. According to Tom's Tree Place, they can provide most all of the construction disciplines in house and, consequently, will not need to use sub -contractors. Sixty-six local contractors were notified of the Invitation to Bid. Time for completion of this project is 250 consecutive calendar days and liquidated damages is $250 per day. FISCAL IMPACT: A total of $300,000 was appropriated and $300,000 is available in project number 9198 (North Overton, Phase I, Project 1) for this purpose. Award contract to Tom's Tree Place of Lubbock, Texas for $204,941, Motion was made by Council Member Gilbreath, seconded by Council Member Morrison to pass Resolution No. 2003-R0560 as recommended by staff. Motion carved: 5 Yeas, 0 Nays. 602 Regular City Council Meeting December 8, 2003 Page 603 Mayor McDougal recused himself. Though not in attendance, Mayor Pro Tem Hernandez had previously recused himself. Planning (51.) Resolution No. 2003-R0561 authorizing the Mayor to execute an agreement between the City of Lubbock and Lubbock Two Student Housing, L.P. (Dinerstein/Developer) regarding the funding of public improvements in Phase One, Project Three, Bond Issue One of the Project Plan for the North Overton Tax Increment Finance Reinvestment Zone. RESOLUTION NO.2003-R0561 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tem of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Lubbock Two Student Housing, L.P. regarding the funding of public improvements in Phase One, Project Three, Bond Issue One of the Project Plan for the North Overton Tax Increment Finance Reinvestment Zone. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 8th day of December, 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, Senior Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2003-R0561. This agreement is between the City of Lubbock and Lubbock Two Student Housing, L.P. (Dinerstein/Developer). With the contract, the City agrees to dedicate and pledge the use of revenue in the Tax Increment Fund to participate in the cost of the public improvements for Phase One, Project Three, Bond Issue One of the Project Plan as recommended by the Board of Directors of the North Overton Tax Increment Finance (TIF) Reinvestment Zone and approved by the City Council in June 2003. This Agreement delineates the division of funding for the public improvements as represented in exhibit D (TIF participation) and Exhibit E (Developer participation). The total amount of tax increment financing for public improvements shown in Exhibit D is $1,212,678. The North Overton TIF Board has approved the Amended Finance and Project Plan, which illustrate this project. In addition, the TIF Board approved a Memorandum of Understanding, which includes the model for Developer Agreements. Attached is a copy of the agreement for your review. 603 Regular City Council Meeting December 8, 2003 Page 604 FISCAL IMPACT: The City issued $3,800,000 of Certificate of Obligation Bonds to fund the first three public improvement projects. This is the third agreement. The amount of available funds is $1,237,642. The amount of this contract is $1,212,678. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO561 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. Though not in attendance, Mayor Pro Tern Hernandez had previously recused himself. Street Drainage (52.) Resolution No. 2003-RO562 authorizing the execution of an agreement for design engineering services with Hugo Reed & Associates for Glenna Goodacre Blvd. and other street paving improvements in the Overton Park redevelopment area. RESOLUTION NO.2003-RO562 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract BETWEEN THE city of Lubbock and Hugo Reed and Associates, Inc. for engineering services. 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 8th day of December, 2003. /S/ T. J. PATTERSON T. J. Patterson, Senior Council Member ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Lam Hertel Larry Hertel City Engineer 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-R0562. Because of continued redevelopment activities in the Overton Park area, it has become necessary to accelerate the planned paving improvements of certain streets sooner than was originally anticipated. Plans, specifications and estimates for the paving improvements need to be prepared soon in order to meet the street construction schedule for the redevelopment activity. A proposed contract with Hugo Reed & Associates includes engineering design services for the following paving improvements: 604 Regular City Council Meeting December 8, 2003 Page 605 • 8`h Street (Glenna to Main Street Goodacre Blvd.) from University to Avenue U • 6`h Street from University Avenue to Avenue X • Avenue X from 6`h Street to Main Street In addition to construction plans for the paving improvements, construction plans for certain amenities and landscaping are included in the scope of the contract. Also included in this design contract are schematic drawings for extension of the remainder of 8'h Street from Avenue U eastward to Avenue Q, and a special ellipse intersection at 8`h Street and Avenue T. An "on -street" public parking study is also included in the contract. Since there are time constraints in the street paving needs for this redevelopment activity, the staff approached Hugo Reed & Associates to perform these design -engineering services without going through the normal professional engineering service selection process. Hugo Reed & Associates is a qualified firm to perform these types of services, and the City has used them a number of times in the past. They have extensive knowledge of the Overton Park area through recent design tasks from the developer and the City. They also had prepared preliminary design plans for Wh Street on their design they had done for the Avenue V and Avenue W paving plans they had prepared for the original Dinerstein development project. Along with the 8`h Street design, Hugo Reed & Associates had also prepared an extensive drainage analysis for Overton Park, in particular 8th Street, for the numerous street closures proposed in this overall redevelopment project. Hugo Reed & Associates will also be using Parkhill, Smith & Cooper, a local engineering/architectural firm, as a sub -consultant to perform design services for this contract. The time to complete the design services on this contract is three months. It is intended to have the bulk of the street paving improvements included in this design contract constructed by early fall of 2004. FISCAL IMPACT: A total of $466,560 was appropriated, and is available from the Overton Park redevelopment project TIF funding for this design contract. This design contract is in an amount "not to exceed" $277,089. The engineer will be paid for the actual amount of work done on an hourly basis, plus actual cost reimbursement up to the not to exceed contract amount, unless an additional scope of work is added to their contract. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO562 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. Though not in attendance, Mayor Pro Tern Hernandez had previously recused himself. The next items considered were Items 28-34. PUBLIC WORKS Other (53.) Consider an amendment of Chapters 6, 12 and 28 of the City of Lubbock's Code of Ordinances regarding landscaping irrigation systems and operation of irrigation systems, providing penalties, and providing savings clause. This item was deleted. 10:38 A. M. CITY COUNCIL RECESSED 605 Regular City Council Meeting December 8, 2003 Page 606 10:42 A. M. CITY COUNCIL WORK SESSION CONVENED All council members were present except Mayor Pro Tem Hernandez. (54.) Presentation regarding recommendations for the City of Lubbock' s Consolidated Plan by Ron McClendon, Chairman of the Consolidated Plan Sub -Committee and Nancy Haney, Community Development Director. The Community Development Services Board (CDSB) formed a Sub -committee made up of five members. The Sub -committee met several times during the months of October and November to discuss these recommendations. The recommendations were presented to, and adopted by, the full membership of the CDSB at their monthly meeting held on November 12, 2003. The recommendations focused on targeting and policy considerations. The Plan is mandated by HUD and will cover a 5- year period from FY 2004-2005 through FY 2008-2009. Targeting: Recommendation #1: The CDSB recommended the targeting of nine block groups throughout the community. The specific block groups are identified in council backup. Recommendation #2: The CDSB recommended the creation of a Property Maintenance Inspector. The position would be added to Code Enforcement and funded through CDBG program. Specific job responsibilities would be determined later, but would include inspections of vacant rental properties, as well as follow-up on citizen complaints. Recommendation #3: The CDSB recommended the creation of a Redevelopment Plan for the Carlisle area. This section of the City has areas that are in substandard condition with poor infrastructure in place. The completion of the Plan would provide the CDSB and Council with direction when considering the most effective and efficient use of funds in the future. Recommendation #4: The CDSB recommended that the North and East sections of Lubbock be targeted for Economic Development activities. Policy Consideration: Recommendation #1: The CDSB recommended that all areas of the nonhousing community development be ranked according to need as a high, medium or low priority. The CDSB would utilize this ranking in future allocation processes. Proposed projects in areas of high priority would receive funding first, with those in medium and low priority areas receiving funding in subsequent priority order. Recommendation #2: The CDSB recommended the funding process move from an open request format to one, which specified the areas for which applications will be accepted. Only program applications, which specified high priority needs, would be accepted for review. Recommendation #3: The CDSB recommended an amendment to the current public service policy stating that the duration of CDBG funding for any public service program or activity is not to exceed three years. Projects will not receive initial funding without a plan for developing alternative funding from other sources. The agency may continue to receive funding at the same level for all three years, as long as expectations are met regarding the provision of services, identification of alternate funding sources and activity related reporting. There will no longer be an automatic decrease in funding levels for the individual projects. FISCAL IMPACT: There is no Fiscal Impact to the General Fund related to this discussion. All funds originate from the Federal entitlement grant programs-CDBG, ESG and HOME. The cost of a property maintenance inspector is .0 Regular City Council Meeting December 8, 2003 Page 607 approximately $40,000 and will be presented as part of the 2004-2005 Community Development Allocation process. The cost of the plan for North Overton will be determined during the 2004-2005 allocation process as the CD Administration budget is developed. The change in public service activities will not impact the amount of funds spent on these activities, but will potentially impact the number of programs funded. Nancy Haney, Community Development Director, and Ron McClendon, Chairman of the Consolidated Plan Sub -Committee, gave a presentation. Community Development recommended approval of these recommendations. (54A.) Discuss the mission and goals of the Electric Utility Governance Commission. This item was moved from work session to executive session due to competitive matters involved. 10:55 A. M. CITY COUNCIL RECESSED 11:04 A. M. CITY COUNCIL RECONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas The first item considered was Item 38. 11:05 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room 1:19 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas 1:20 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Martin adjourned the meeting. Read and approved this 2 l h day of OC 0her , 2005. 607